FLIRTIFY УСЛОВИЯ ИСПОЛЬЗОВАНИЯ (СОГЛАШЕНИЕ)

Effective Date: Since August 19, 2024

1. DEFINITIONS

   1. "Chat" means one session of communication and/or collaborations between User and the Operator via the Website and Services, including audio, video, and messaging services.
   2. "User Account" means a standard User account, accessible after the registration process, which allows the User to use Our Services as described in the Terms and on the Website. Services may be available on a free or paid basis.
   3. "Operator Account" means a special Operator account created by the User, accessible after the registration and verification process as described herein, which allows the Operator to receive Internal Currency and make payouts (exchange Internal Currency into the fiat money) for participation in Chats. "Operator" shall mean the owner of the Operator account. The granting of Operator status is at the sole discretion of the Company based on rules defined in this Agreement.
   4. "Internal Currency" means the currency which may only be used within the Website and the Services. There are two types of Internal Currency – minutes and compensation. Minutes can be purchased by Users for fiat money on the Website and Services. While User is viewing the paid content by participating in the Chat, minutes are converted into compensation, which the recipient (Operator) has the right to exchange into the fiat money.
   5. "Company IP" means all and any copyright, exclusive rights and other intellectual property rights in all content and other materials contained on the Website or provided in connection with the Services, including, without limitation, the Company name, trademark, Company logo and all designs, text, graphics, pictures, information, data, software, technologies, know-hows, sound and video files, other files, and the selections and arrangements thereof.
   6. 
   7. "User" or "You" shall mean a natural person using Our Services. Visitors of the Website and Services without an account, all users, regardless of the type of account created, must strictly abide by the terms and conditions set forth in these Terms. Special requirements for certain types of accounts are defined in the relevant clauses of these Terms and must be followed by the defined subjects.
   8. "Website" shall mean https://flirtify.com/r, its subdomain(-s) and all other related domain names, that is operated by the Company (including flirtify.cam). The administrator and manager of the Website is the Company.

2. PRIVACY

   1. We respect Your privacy. Use of the Services is subject to the Company's Privacy Policy, which can be found via this URL: https://flirtify.com/ru/privacy. The Privacy Policy is incorporated into these Terms by reference herein.

3. Services

   1. The legal nature of the Agreement is that it is a license agreement between You and the Company whereby the Company only developed, administrates, manages and operates the Website, software, and platform to provide the Services described herein. The Company (licensor) grants to the User (licensee) a limited right to use the Website, the Services, and its software for the sole purpose of viewing the content and participating in its creation by allowing Users to communicate with random Operators during a Chat session using messaging, voice, video, and audio functions. The Company’s Website and Services have the following possibilities:

      1. Audio service:

         Users are informed and accept that the possibility to communicate using the voice and audio feature requires Users to have a functioning, operational, and properly configured microphone.

      2. Messaging services:

         Users are informed and accept that the possibility to communicate using the messages and text requires Users to have a functioning, operational, and properly configured device to input the text and messages.

      3. Video service:

         Users are informed and accept that the possibility to communicate using video messages and real-time video chats requires Users to have a functioning, operational, and properly configured camera including, without limitation, webcam.

      4. Automatic translator:

         The online instant messaging service includes an automatic translator. Users are informed and accept that such automatic translators may not be able to fully determine the specific meaning of each word to be translated or its accuracy and are provided for the convenience of Users only.

      5. Gifts:

         Users may send gifts during Chats by purchasing them with Internal Currency. Receiving a gift does not bind the recipient to perform any specific actions during the Chat. However, in cases where complaints are reported regarding the owner of the Operator Account receiving gifts by deception, the Company may consider this to be in violation of the Terms and the Company reserves the right to take liability measures against such owner of the Operator Account.

      6. Favorites:

         Users can add owners of the Operator Account to their list of favorites. After accepting such an invitation, the User will be able to see the current availability of the invited owner of the Operator Account and whether or not the owner of the Operator Account is currently online on the Website.

      7. Evaluation of the chat:

         Users may be given the opportunity to rate each other after the chat. Please note that this feature may not be available to all Users of the Website and the provision of this feature may depend on certain factors as determined internally by the Company in its sole discretion.

      Further features, functionality, and solutions can be described on the Website directly.

   2. Company reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service.
   3. The Services are provided for the amusement, recreation, and entertainment of the Users. The Users of the Services may freely choose how frankly they can communicate with each other. The way You use the Services does not state the way other Users use it.
   4. The Agreement does not provide any sublicensing rights. You are not entitled to transfer Your rights under the Agreement to the third parties. By concluding the Agreement, You are entitled to act only as a natural person. It is not possible to register accounts for the legal entities and other associations.
   5. In order to start a Chat, the User must create a User Account as described in these Terms. Users of the Website may temporarily use the Services free of charge as indicated on the interface of the Website (hereinafter referred to as the “Trial Period”). The Company reserves the right to independently establish all terms and conditions regarding the applicability of the Trial Period, including the discretion to determine which Users may have access to it. For the avoidance of doubt, the Company reserves the right, at its sole discretion, to determine the duration of the Trial Period (including the possibility of not granting a Trial Period), the category of Users (or certain Users) who may or may not use the Trial Period, any limitations on the use of the Trial Period based on various criteria, as well as any other terms and conditions of the applicability of the Trial Period.
   6. In order to use Services outside the Trial Period, the User must pay the respective fee for the Chat services and then follow the instructions described in the interface of the Services in order to start a random Chat.
   7. Services are available via the Internet protocol and can be used on devices equipped with access to the Internet.
   8. Communication outside the Trial Period via the Chat and other Services are carried out on a paid basis. The fee for the Services, Internal Currency, and the fee for communication via the Chats are set by the Company in the Agreement and will be displayed on specific pages within the Website and Services.
   9. Our Website and/or Services are not suitable for sharing logins and passwords, cryptographic keys, debit/credit card information, PIN codes, numbers indicated in ID documents, and any other type of information of similar nature. You shall not share such information via Our Website and/or Services to other Users and Operators and other third parties (if applicable). It is solely Your responsibility to secure the respective information, and the Company will not be liable for any transfer of such kind of information via Our Website and/or Services.
   10. In order to monitor the fulfilment of the Agreement, the Company may record the process of communication, including saving communication logs, analyzing text input to identify prohibited words, recording audio, saving individual frames of video broadcasts, making snapshots and screenshots. The Company may use systems of automatic identification of persons in the Chats and block accounts through which third parties, unregistered users or users who violate the Agreement communicate.

4. ELIGIBILITY. REGISTRATION OF THE USER AND OPERATOR ACCOUNT

   1. General Requirements for the Users. You must have the right to enter into the Agreement and to use the Website and the Services (even within the Trial Period) if the following conditions are met at the same time:

      1. You are fully capable and in a healthy mental state.
      2. You are not under the influence of alcohol, drugs, or medication that have side effects on Your mental state.
      3. You represent and warrant that You are at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, and that You have the legal capacity to enter into this Agreement. If You are not at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, You must leave the Website immediately and may not use or access the Website or use the Services in any manner. For the avoidance of doubt, the Company does not permit use of the Website by natural persons under the age of eighteen (18) years.
      4. You are using the Website solely for personal, non-commercial purposes.

      5. You will fully comply with these Terms as well as Privacy Policy.

         The Company has the right to establish additional requirements for Users, including requirements for location, age, and others.

   2. Requirements for the creation of the User Account. To be able to use Services and functionality described herein, each User shall register and create User Account. When You create the User Account You are obliged to:

      1. Protect Your User Account by creating a strong password that You do not use for any other websites, online or off-line services and also by fulfilling certain account information that will allow You to access Our Website and/or Services.
      2. Complete the registration form and comply with any required registration process requirements and steps. Users must provide all information that is marked as mandatory. Incomplete registrations will not be validated.
      3. Where applicable and requested by the Company via the Website interface, provide an accurate email address belonging to you and verify this email address using the established procedure. The provision and verification of the email address may be mandatory in order to receive certain services of the Website.
      4. Not use any false, inaccurate, or misleading information when creating and signing up for the User Account.

      5. Not use as a username during the registration if:

         • You are trying to impersonate another person;
         • The image or name is protected as an object of exclusive rights;
         • The name contains a link to a third-party resource (including social media) or advertising (including advertising of a competing resource);
         • The name indicates the minor age;
         • The name calls for actions prohibited on the Website;
         • The name or image are vulgar or insulting for other Users.
      6. Maintain the security and confidentiality of Your User Account and promptly notify us if You discover any suspicious activity related to Your User Account. You also acknowledge that You are personally responsible for the security of the device You use to connect to the Internet.
      7. Take responsibility for all activities that occur under Your User Account.
      8. Utilize the User Account for Your own entertainment and do not allow any third party to appear under Your User Account.
   3. By providing the Company with Your email address You consent to Our use of the email address for sending You Service-related notices, including without limitation security notices, any notices required by law, in lieu of communication by postal mail. We may also use Your email address to send You other messages, such as changes to features of the Service, notification for changing these Terms and Privacy Policy and newsletters (in case We have Your consent for this action). If You do not want to receive such email messages, You may opt out by clicking “unsubscribe”, or similar link in the email message. Opting out may prevent You from receiving emails about updates, improvements, or offers but will not prevent You from receiving security notices and notices required by applicable law.

   4. Requirements for the creation of the Operator Account. In order to receive Internal Currency and make payouts (exchange Internal Currency into the fiat money) for participating in the Chats, it is necessary to register and create an Operator Account. This is an indicative list of requirements that are mandatory for the creation and opening of an Operator Account:

      1. In order to open an Operator Account, a natural person must be at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in the jurisdiction of that natural person. For the avoidance of doubt, the Operator must, under no circumstances, be younger than eighteen (18) years.
      2. In order to open an Operator Account, a natural person must have the legal capacity to enter into this Agreement and should have the desire to create content for Users by participating in Chats.
      3. In order to open an Operator Account, a natural person should be a female.
      4. In order to open an Operator Account, a natural person must provide the Company with a copy of that natural person's identification document (which may be a national ID card, national passport, international passport, citizenship card, state ID card, driver's license (only for countries where a national ID card or passport is not mandatory)), and the photo of that natural person holding the identification document described above. Verification of the owner of the Operator Account means that the documents (documents containing Your full legal name, picture, date of birth and other identifying features such as Your address) and data have been verified by the Company or by a reputable third-party provider specializing in the validation of government IDs, such as Yoti. We do not accept any liability for the services provided by such third-party service providers. All data processing is carried out pursuant to our Privacy Policy and the third-party service provider’s privacy policy. We reserve the right to review all and any verification results received from the service provider engaged and render our own final and binding decision as to the acceptance of data provided.
      5. In order to open an Operator Account, a natural person should have a connected camera (including a web camera) in working condition that allows a User in the Chat to actually see the visual appearance of that natural person in live mode. Turning off the camera (including a web camera) during a Chat is not allowed for an Operator Account.
      6. Notwithstanding that all Users including Operators must follow the terms and conditions defined herein, in order to open an Operator Account, an Operator must additionally formally agree to this Agreement and Appendix 1 to this Agreement by electronically signing (as defined herein) this Agreement during the registration process. It should be separately mentioned that the Operator agrees and acknowledges that by typing name and/or by checking the appropriate box in the electronic version of this Agreement on the Website during the registration of Operator Account, Operator agrees to be bound by this Agreement (including Appendix 1 herein) and this will have the same legal consequences and bindingness as if Operator had physically signed this document in writing. Such actions are considered as an electronic signature by the Operator. According to eIDAS, Regulation (EU) No 910/2014, any form of electronic signature may be used to sign an agreement, is admissible as evidence in EU courts and shall not be denied legal effect solely because it is in electronic form.

5. GENERAL BEHAVIOR RULES

   1. You are strictly prohibited to:

      1. Do anything that is illegal or that violates any applicable law or the rules and regulations of any payment processors (the card scheme rules).
      2. Engage in any activity that exploits, harms, or threatens to harm children.
      3. Allow the appearance of minors during the use of the Services and allow minors to use the Services and allow minors to communicate through the Services, or perform any other actions, which can be done through the Services.
      4. Display or use the Services to show and share inappropriate content or material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, including, but not limited to, submissions involving underage persons, human trafficking, sex trafficking, physical abuse, depicting of animal cruelty, rape, violence, necrophilia, threat of suicide or harm to self or others, blood, feces, vomit (this list is given as an example only and is not an exhaustive list of submissions that are forbidden on the Services);
      5. Engage in activity that is fraudulent, false, or misleading (e.g., asking for money under false pretenses, impersonating someone else, etc.) and provide the false and misleading information.
      6. Circumvent any restrictions on access to or availability of the Services.
      7. Modify, disassemble, decompile, prepare derivative works of, reverse engineer, or otherwise attempt to gain access to the source code of the Services.
      8. Engage in activity that is harmful to You, the Services, or others (e.g., transmitting viruses or malicious software code, stalking, posting terrorist or violent extremist content, communicating hate speech, advocating violence against others, etc.).
      9. Infringe the rights of others.
      10. Use the Services to communicate and display any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party (including rebroadcasting third party content) or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation.
      11. Propose or accept means of payment other than those offered on the Services.
      12. Engage in activity that violates the privacy of others and/or pursues or justifies the persecution of another person or an invasion of privacy.
      13. Use the names of other persons in the Services, regardless of whether they are registered in the Services or not. You cannot use the Services to insult or defame another person. You agree to compensate the Company for all expenses that it will incur or may incur in the event of filing a claim for compensation against the Company for damage to honor and dignity from Users and third parties.
      14. Display, show or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "spam", "pyramid schemes", or any other form of solicitation, except in those areas that the Company may designate for such purpose. We reserve the right to take reasonable measures to prevent the sending of spam messages to Users.
      15. Take any action that will impose an excessive or disproportionately heavy load on Our servers. If You find out that someone prepares a cyber-attack on the Services, You agree to inform the Company about the fact.
      16. Help others break these Terms.
      17. Use the Services in places, countries, or regions where such action could be considered a violation of any law, regulation, rule, resolution, decree, or custom.
      18. Record or capture in any manner any interactions with other Users (for example, what happens during Your Chat (including messaging) sessions), personal conversations as well as other personal and/or confidential information and upload it to the Internet and/or disclose it in any other way. You will not record and/or use in any way (including subsequent viewing, downloading, copying, broadcasting, etc.) any content, that You view during the Chat.
      19. Engage in any activity that, in the sole judgement of the Company, violates the Terms or the Company's internal policies and procedures (including informal ones), or which restricts or inhibits any other person from using or enjoying Our Website and/or Services, or which may expose the Company, Our affiliates or Our Users to any harm or liability of any kind.
      20. Engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Company's security systems.
   2. Enforcement. If You violate these Terms, We may stop providing Services to You and/or We may close Your User Account and/or Operator Account. Company may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate. Under no circumstances will the Company be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

   3. In addition to the behavioral rules defined above, it is strictly forbidden for the owners of the User Accounts to show, display or broadcast any content of an adult nature, namely it is forbidden to (without limitations):

      1. Be naked or semi-naked in front of the camera.
      2. Show the genitals.
      3. Touch the genitals even through clothes.
      4. Show the underwear.

      5. Broadcast photo/video Content of erotic/pornographic nature.

         In the event that We have reasonable grounds to suspect that the owner of the User Account is showing, displaying or transmitting content of an adult nature, the Company reserves the right to take any action set out in the Terms and in particular in the "Termination of the Terms. Liability for breaches" chapter the Terms.

         The rules defined in this clause shall not apply to the owners of Operator Accounts who meet all the requirements defined herein.

   4. In certain cases (including, without limitation, in the event of a breach of this Agreement and/or if the Company suspects a possible breach of this Agreement), we may require the owner of the User Account to complete the additional verification process to confirm the compliance with this Agreement and other internal Company rules and regulations. Such verification may include, but is not limited to, age and identity verification. To finish the additional verification, the Company may request that the age estimation check be completed via facial recognition technology and/or the Company may request that the natural person provide a copy of their identification document, which may be a national ID card, national passport, international passport, citizenship card, state ID card, or driver's license (only for countries where a national ID card or passport is not mandatory). The Company may request that the identification document be accompanied by a photograph of the natural person holding the aforementioned document (if applicable). Additional verification of the owner of the User Account means that the documents and data must be verified by the Company or by a reputable third-party provider specializing in the age and identify verification, such as Yoti.
   5. You understand that some Users may engage in certain types of behavior that You may consider inappropriate, including but not limited to the depiction of content of adult nature (including nudity). You agree to immediately stop using the Services if You think that this kind of behavior can lead to any kind of nervous or mental disorders or insult Your religious or other beliefs. If You choose to continue using the Services, You agree to bear all the risks and all the responsibility related to communicating with other Users.

6. PAID COMMUNICATION VIA CHAT

   1. After the end of the Trial Period, access to the Services will require payment and communication via Chats for Users will be subject to a fee. Users who use the Services on a paid basis may be highlighted by the Company in the interface of the Website.
   2. The fee for using the full functionality of the Website and the Services shall be determined by the Company's internal algorithms and displayed on the specific pages of Website and the Services. The Company will receive a commission. This commission represents the fee paid by the Users for purchasing a subscription (membership) and Internal Currency (minutes) from the Company with fiat money, and for subsequently using the Services and the functionality of the Website with the Internal Currency (minutes) purchased.

   3. The Company provides the opportunity to use the Services through paid options, which include:

      1. Subscription (membership) option. The fee is automatically billed to the User on a regular basis upon purchasing a subscription. By purchasing a subscription, YOU HEREBY AUTHORIZE US AND OUR AGENTS (INCLUDING THE PAYMENT PROCESSORS WE MAY USE) TO AUTOMATICALLY CHARGE YOU FOR YOUR SUBSEQUENT PURCHASES ON YOUR BEHALF. Depending on the subscription plan, the period for such automatic billing will vary. Each paid subscription option comes with a certain amount of Internal Currency (minutes) which varies depending on the subscription plan. Information on the quantity of Internal Currency (minutes) purchased and the automatic billing period will be displayed to the User during the payment process. Subscription allows You to send and receive messages, use Chats within the pre-defined minutes and use other features of the Services and the Website, as described on the Website. You can cancel Your subscription, which will disable the automatic renewal. Simply not using Our Services does not automatically cancel Your subscriptions. You can cancel Your subscription: (i) by contacting us at [email protected]; (ii) from the dedicated page in Your User Account by following the instructions provided in the interface; or (iii) by contacting your payment processors through their contact details or through their dedicated subscription cancellation pages (if applicable).

      2. One-time purchase of Internal Currency (minutes) option. This option allows the User to make a one-time purchase of a limited number of minutes. The number of minutes and the applicable fee for that number of minutes will be displayed to the User during the payment process. To purchase additional minutes on a one-time basis, the User must have a paid subscription that has not expired.

         Each user can enable the automatic recharge of extra internal currency (minutes) using the website interface. By activating this feature, YOU ARE AUTHORIZING US AND OUR AGENTS (INCLUDING THE PAYMENT PROCESSORS WE MAY USE) TO AUTOMATICALLY RECHARGE YOUR ACCOUNT FOR YOUR SUBSEQUENT PURCHASES OF INTERNAL CURRENCY (MINUTES) ON YOUR BEHALF. For the avoidance of doubt, the company reserves the right to recharge your account automatically for the same amount of internal currency (minutes) once your minutes expire.

         The full description of the services will be outlined in special sections of the Website and will be subject to changes by the Company without any prior notification of the Users.

   4. The Company currently provides Users with the opportunity to purchase the following subscription options and/or one-time purchase of Internal Currency (minutes) option, at the following prices:

      1. The available subscription (membership) options are as follows:

         • 1 month – 9.99 USD and 20 included minutes for the whole period. In total 9.99 USD.
         • 6 months – 5.99 USD per month and 80 included minutes for the whole period. In total 35.94 USD.
         • 12 month – 4.49 USD per month and 160 included minutes for the whole period. In total 53.88 USD.

      2. In order to be able to purchase one of the available one-time purchase of Internal Currency (minutes) options, the User must have an activated subscription (membership). The following one-time purchase of Internal Currency (minutes) options are available:

         • 20 minutes - 9.99 USD.
         • 60 minutes – 24.99 USD.
         • 300 minutes – 99.00 USD.
   5. The Company reserves the right to change the payment terms for the Services, the prices described herein, and the number of minutes included in each payment option available at any time, without prior notice to the Users. The Company may from time to time reduce the prices stated herein for a limited period. Such discounts (limited offers) will be displayed in the website interface and will only be available for a limited period of time.
   6. In order to make a purchase of Internal Currency (minutes), You may be asked to supply certain information to allow us to process and authorize Your purchase, including, without limitation, Your name, address, card number, card expiration date, card security number, account numbers, and/or other information. You represent and warrant that (i) You have the legal right to use the form of payment that You use and that (ii) the information that You are providing with that form of payment is true and correct. You acknowledge that We may use a third party for the purposes of processing or facilitating any payment and that by submitting Your information to us You grant us the right to provide this information to such third parties.

   7. Internal Currency has no cash equivalent, monetary or other value. Internal Currency can be used solely within the Services and the Website. Internal Currency is a digital element of the Website's user interface with which Users can interact. Internal Currency does not constitute currency or property of any type. To ensure clarity:

      1. Internal Currency cannot and must not be sold or otherwise transferred to third parties, including other users, and cannot be used outside the Website.
      2. The Users must not purchase, sell, barter, or trade any of the Internal Currency, or offer to purchase, sell, or trade any of the Internal Currency. Users recognize that any such attempted transaction will be null and void. The Company has the exclusive right to offer and sell the Internal Currency to Users.
   8. Internal Currency from Your account may be partially or fully debited (withheld) in favor of the Company in case of violation of the terms of the Agreement. The amount of such retention is to be determined by the Company. To make it clear – if at any time We terminate Your right to use the Website and Services because of a breach of the Terms from Your side, You shall not be entitled to a refund of any portion of Your unused (or unreceived) Internal Currency.

   9. Refund Policy:

      1. We clearly mention on Our Website and in the Agreement which types of online Services Users may receive, which types of content will be available to Users and in which type of Chats Users can participate. It is explicitly clear which types of content will be available to Users and in which type of Chats Users can participate upon payment of different types of subscription and upon purchasing minutes.
      2. Therefore, the Website offers sufficient information about the content and nature of the services to Users, in order to be able to decide on proceeding with the purchase of the services. By making a purchase, the Users provide us with the consent to begin the performance of the Agreement and acknowledge that the Users may lose the right of withdrawal as described below.
      3. Users have the right of withdrawal within 14 days of concluding the contract for online digital content upon payment of such contract. However, once Users initiate the viewing of any piece of the content (participate in even one Chat) withdrawal from the purchase is no longer permissible, provided that the Company has fulfilled its obligations. Therefore, by using any of the Services, You waive the aforementioned right of withdrawal.
      4. If You did not start viewing any piece of content and wish to exercise your right of withdrawal, You can send us an email to Our contact email address, and We will assess the situation accordingly.
      5. Notwithstanding the above, We reserve the right, at Our sole discretion and on a case-by-case basis (for example, if the Company is solely responsible for faults), to provide a refund. You are responsible for ensuring that Your order is correct before purchasing minutes or making another type of payment on the Website.
      6. Any refunds issued will only be made using the original form of payment used when You made the original purchase.
   10. Special rules concerning the financial relationship between the Company and the owners of the Operator Accounts are set out in Appendix 1 to the Agreement, which forms an integral part of the Agreement.

7. COPYRIGHTS AND OWNERSHIP RIGHTS

   1. Company and/or its affiliates and suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all Company IP associated or displayed with the Services. Company IP is protected by international copyright laws and other intellectual property rights laws.
   2. We hereby grant You a limited, nonexclusive, revocable, non-transferable, and non-sublicensable license to access and use the Company IP for Your personal use solely for the purposes of regular access to the Services as defined herein on an “as is” and “as available” basis. You may not sublicense this license.

   3. Company reserves all rights to the Company IP and Services. This license does not give You any right to, and You may not:

      1. Circumvent or bypass any technological protection measures in or relating to the Services;
      2. Disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any Company IP or other aspect of the Services which is included in or is accessible through the Services;
      3. Publish, copy, rent, lease, sell, export, import, or distribute the Company IP or the Services, unless Company expressly authorizes You to do so;
      4. Transfer the Company IP, any software licenses, or any rights to access or use the Services;
      5. Use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network.
   4. Injunctive Relief. You acknowledge that any use of the Services contrary to these Terms, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Company IP and/or Services, may cause irreparable injury to the Company and its affiliates and under such circumstances Company and its affiliates will be entitled to an order of specific performance or an order of injunctive relief being issued against You restraining You from any further breach of these Terms.

   5. By creating and publishing the content (all videos, texts, and other data that You upload to or stream on the Website and Services) in the Chats, the User consents with the following:

      1. The Company is not a producer or director of the content as well as has not requested any of the content creation or publishing. The user bears individual responsibility for the content or other information that they create and/or publish.

      2. Users are solely responsible for the content and the consequences of posting or publishing it. In connection with the content, You represent and warrant that:

         • You own or have the necessary licenses, rights, consents, and permissions to use, and authorize us and other Users to use all intellectual property and other proprietary rights in and to the Content to enable the inclusion and use of the Content in the manner set out below; and
         • You have the written consent, release, and/or permission of each and every identifiable individual person in the content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the the content. As to avoid any doubts, You shall retain all ownership rights in the Content.
      3. The User grants other Users a non-exclusive right to use the content in the framework of the functions provided by the Services for the purpose of personal non-commercial use, except where such use infringes or may infringe the right owner’s interests protected by law. The content granted for personal non-commercial use only within the Services. For the avoidance of doubts, such license includes the following: (1) consent from Users to be depicted in the content, (2) consent from Users to allow for the public distribution of the content and to upload the content to Website and Services and, (3) if the content will be made available for downloading by other users, consent to have that content downloaded.
      4. The User allows the Company to use their own images (including video files with their participation) free of charge for marketing, advertising, and other non-commercial and commercial purposes and the user provides the Company with permission to use the content by various means of use, including the performance of derivative works. The Company has every reason to share the content with others. The Users also give the Company the right to use their name (and their nickname, if any) free of charge for marketing, advertising, and other non-commercial and commercial purposes.
   6. The rules set out in clause 7 of the Agreement apply to the owners of User Accounts and to the owners of Operator Accounts. In addition to the general rules set out in Clause 7 of the Agreement, specific rules relating to copyright rights between the Company and the owners of the Operator Accounts may be set out in Appendix 1 to the Agreement, which forms an integral part of the Agreement.

8. NO WARRANTIES. WARNINGS

   1. THE COMPANY AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. THE COMPANY DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WILL NOT OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
   2. You communicate in the Services voluntarily as a competent adult User. You decide whether to communicate or not, and You are responsible for Your own actions, for what You say, do and send using the Services.
   3. The Company is not responsible for the quality of the content created by Users, as well for the behavior of Users in the course of communication via Chats. Only Users can rate the content that they view in the Website and Services. You have the right to stop communicating with a User who does not suit You at any time.
   4. We are not responsible for the ideas and views expressed by Users in the course of communication. These ideas and views are not considered as the views of the Company or its representatives. None of the Users are entitled to speak on behalf of the Company.
   5. The Company is not responsible for the content of Users and act only as an intermediary. In case You found content that is prohibited, ambiguous, or violating the rights of third parties in the Website, immediately inform the Company so that appropriate measures can be taken.
   6. Certain content available via Our Service may include materials from third-parties. Third-party links on the Website may direct You to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
   7. YOU HEREBY ACKNOWLEDGE THAT NOTHING CONTAINED IN OUR WEBSITE AND SERVICES WILL CONSTITUTE FINANCIAL, INVESTMENT, LEGAL, AND/OR OTHER PROFESSIONAL ADVICE AND THAT NO PROFESSIONAL RELATIONSHIP OF ANY KIND IS CREATED BETWEEN YOU AND THE COMPANY OR OUR USERS. YOU HEREBY AGREE THAT YOU WILL NOT MAKE ANY FINANCIAL, INVESTMENT, LEGAL, AND/OR OTHER DECISION BASED IN WHOLE OR IN PART ON ANYTHING CONTAINED IN OUR WEBSITE OR SERVICES.
   8. THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CONTENT MADE AVAILABLE OR OFFERED THROUGH OUR WEBSITE OR IN CONNECTION WITH OUR SERVICES BY USERS OF OUR SERVICES. ALTHOUGH WE MAY PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE THROUGH OUR WEBSITE AND/OR SERVICES, AND ARE NOT LIABLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, COPYRIGHT INFRINGING OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER WHEN USING OUR WEBSITE AND/OR SERVICES.

9. TERMINATION OF THE TERMS. LIABILITY FOR BREACHES

   1. In the event of any breach by You of the Terms or any violation of any law or regulation, or any other event that the Company may deem necessary, including, without limitation, failure to meet Our requirements and/or lack of verification, the Company may take one (or more) of the following actions at its sole discretion and without liability to You, with or without prior notice:

      1. Issue a warning to the User about the breach of the Agreement and request the User to refrain from breaching the Agreement;
      2. Suspend Your access to all or a portion of Our Services;
      3. Prevent You from completing any actions via the Services, including closing any open Chats;
      4. Delete any content that You have made available on Our Website and Services;
      5. Ask the User to complete the additional verification as it appears on the Website interface in order to continue using the Services and participate in Chats;
      6. Terminate Your access to the Services, delete or deactivate Your User and/or Operator Account and all related information in such account;
      7. To publish on the Website any related informational message that the Company deems appropriate;
      8. To inform any relevant authorities;
      9. To commence and prosecute any legal proceedings.
   2. The Company reserves the right to monitor the content streamed through Chats. The Company retains control of the Platform with the ability to stop streaming (close any Chats) and/or remove any content being streamed in real time if necessary.
   3. Account termination due to inactivity. If there is no activity on your account for a consecutive period of 1 (one) year and You do not have any Internal Currency in your account’s balance (You do not purchase any of the available subscription (membership) options and/or You do not conduct one-time purchase of Internal Currency (minutes) option), the Company reserves the right, at its sole discretion, with or without notice, to terminate your access to the Services (and terminate the Agreement) and delete your account and all related information in such account. If Your account is terminated due to inactivity as defined herein, You will not receive any compensation.

   4. Closure of Your account at Your request in accordance with data protection legislation. Under the data protection legislation and in accordance with our Privacy Policy, you have the right to request the deletion of data that the Company holds about you. In the event that we receive a request from you to erase (delete) your personal information, such request will be considered as your notice to terminate the Agreement, which we will fulfill. Please note that once the request for deletion of the personal information is fulfilled, the following consequences will apply:

      1. if You are the owner of the User Account:

         • You will not be able to use our Services anymore;
         • You will not be able to withdraw, refund or exchange to fiat currency any Internal Currency (minutes and compensation) in your account (if any);
         • Subscriptions and payments (if any) will NOT be automatically cancelled. You will be required to cancel the subscription at your own discretion by contacting the corresponding third-party service providers that you have used to purchase such subscriptions and make such payments.

      2. if You are the owner of the Operator Account:

         • You will not be able to use our Services anymore;
         • Any Internal Currency (minutes and compensation) in Your account (if any) will not be available for withdrawal or exchange into fiat currency, and will be deducted from your account in favor of the Company;
         • The deletion of the Operator account will be also regarded as a unilateral termination of the Operator Agreement (Appendix 1 to the Agreement) by the Operator.

10. INDEMNIFICATION

    1. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and suppliers from any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from Your use of the Services, Your violation of these Terms, or the infringement or violation by You or any other User of any intellectual property or other right of any person or entity or applicable law.

11. LIMITATION OF LIABILITY

    1. The Services, material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on Your region or device. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and the Company is not liable for any disruption or loss You may suffer as a result.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, SUPPLIERS, OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY ITS AFFILIATES, SUPPLIERS, OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE COMPANY’S, ITS AFFILIATES', AND SUPPLIERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS WILL BE LIMITED TO THE MONTHLY PAID FEE. As some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
    3. UNDER NO CIRCUMSTANCES WILL THE COMPANY (INCLUDING ALL OUR AFFILIATES) BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE, PERSONAL INJURY, OR DEATH RESULTING FROM ANYONE’S USE OR INABILITY TO ACCESS OR USE OUR WEBSITE AND/OR SERVICES, OR ANY INTERACTIONS BETWEEN USERS OF OUR WEBSITE AND/OR SERVICES, WHETHER ONLINE OR OFFLINE.

12. OUR COMMUNICATIONS AND MARKETING INFORMATION

    1. You agree and consent to electronically receive all Communications that the Company may be willing to communicate to You in connection with Your use of Our Services. For the purposes hereof "Communications" shall mean all and any communication, agreement, document, receipt, notice, and disclosure, which may be from time to time addressed to User by the Company. You may withdraw You consent to receive electronic Communications by sending a withdrawal notice to us. If this is a case, You waive Your right to plead ignorance.
    2. Users may occasionally receive notifications about any similar services We offer. Users may also occasionally receive marketing communications from selected third parties about their services, provided that You have given Your prior consent. In both cases mentioned above, You retain the right to unsubscribe from such marketing communications at any time by clicking the link provided at the bottom of each communication. Please note that unsubscribing will not affect the delivery of essential system notifications or important account-related communications.

13. AMENDMENTS

    1. The User accepts that these Terms may be updated by the Company from time to time. If the User does not read and accept these Terms in its entirety he or she should not use or continue using the Services. The User accepts that in case the User has not read and accepted the amended Terms and continues to use the Services, the current version of the Terms will be applicable.
    2. We reserve the right to alter, amend, or modify these Terms from time to time, at Our sole discretion. We will provide You with notice of such changes by sending an email, providing notice on the homepage of the Website and/or by posting the amended Terms via Our Website and updating the "Last Updated" date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting on Website.
    3. It is Your responsibility to check Our Website periodically for changes. Your continued use of or access to Our Website or the Services following the posting of any changes to these Terms constitutes acceptance of those changes. Any updated or edited 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. If You do not agree to any amended Terms, You must discontinue using Our Services.

14. APPLICABLE LAW; ARBITRATION

    1. This Agreement shall be governed by the laws of the Republic of Cyprus.
    2. Binding Arbitration. If there is a dispute between the Company and the User (collectively referred to as "the Parties" and individually referred to as the "Party") arising out of or otherwise relating to this Agreement, the Parties shall negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct online negotiations, then, except as otherwise provided herein, the issue shall be submitted by either Party to binding arbitration in accordance with applicable arbitration rules. Claims subject to arbitration ("Arbitral Claims") shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state, or local law, statute, or regulation, excepting only claims by Us under actions (regardless of the underlying cause of action) seeking injunctions, attachment, garnishment, and other equitable relief. The arbitration procedures shall be conducted in the Republic of Cyprus, in a convenient location agreed to by the Parties, or in the absence of such agreement, the location shall be selected by the Arbitrator. The arbitration shall be conducted by a single arbitrator, who is knowledgeable in Internet and e-Commerce disputes.
    3. The Arbitrator shall have no authority to award any punitive or exemplary damages, certify a class action, add any parties, or vary or ignore the provisions of this Agreement. The arbitrators shall be bound by and apply Cyprus law to any dispute submitted for arbitration hereunder. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
    4. No waiver of the right to arbitration. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving Party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
    5. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if a dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with a Party’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this section shall be null and void.

15. MISCELLANEOUS

    1. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services.
    2. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
    3. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
    4. These Terms shall be written and executed in, and all other communications under or in connection with these Terms shall be in English. Any translation into any other language shall not be considered as an official version thereof and shall serve for informational purposes only. In the event of any conflict in interpretation between English text and such translation, English text shall prevail.
    5. You may not assign or transfer any of Your rights or obligations under these Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company may assign or transfer any or all its rights under these Terms, in whole or in part, without obtaining Your consent or approval.

Appendix 1 to the Agreement

TERMS AND CONDITIONS FOR THE CREATION AND OPERATION OF OPERATOR ACCOUNTS ("OPERATOR AGREEMENT")

This Terms and Conditions for the creation and operation of Operator Accounts ("Operator Agreement") is between the owner of the Operator Account ("Operator", "You") and the Company.

For the purposes of this Operator Agreement, the Operator and the Company may herein be collectively referred to as the “Parties” and each individually as a “Party”.

Unless otherwise expressly stated by this Operator Agreement, all definitions herein shall be understood, as they appear in the Terms.

WHEREAS the Company is the administrator of the Website and Services and the Operator desires to create, show, display, and broadcast content for Users by participating in Chats in accordance with the Terms and this Operator Agreement.

NOW, THEREFORE, in consideration of the foregoing premises and of the mutual covenants and agreements hereinafter contained, the Parties hereby agree as follows:

1. CONTENT

   1. By executing this Operator Agreement and by complying with the terms of this Operator Agreement and the Terms, the Company may allow the Operator to create, show, display and broadcast content for Users by participating in Chats and receive an Internal Currency (compensation) in exchange for such participation.
   2. Operator shall comply with all reasonable guidelines, requests, rules, regulations, and decisions of the Company. Operator acknowledges that the permission to appear on the Website and Services is at the Company’s discretion. Operator further acknowledges that Operator may not register the Operator Account until the Company provides final approval.

   3. During participating in Chats, the Operator must:

      1. Provide a content of good quality;
      2. Actually communicate with Users;

      3. Have a camera (including a web camera), microphone, and other equipment to enable communication with the User. The camera (including web camera) should always be switched on.

         The above is not an exhaustive list and is given by way of example only. The requirements for the content can be changed from time to time at the Company’s sole discretion, and Company may publish current requirements on Website.

   4. Subject to what is permitted under applicable law, the Operator is free to choose the type of content You produce, show, display, broadcast, or publish. You shall be solely responsible for Your own content and the consequences of posting or publishing such content.

   5. In connection with the content, You affirm, represent, and/or warrant that:

      1. You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, right to privacy, right to publicity, or other proprietary commercial or personal rights in and to any and all Your content to enable the inclusion and use of content in the manner contemplated by the Website and this Operator Agreement; and

         You have the consent of each and every identifiable person in Your content to use the name or likeness of each individual depicted therein to appear on the Website and Services.

   6. If the Company suspects that the Operator violates any third party right, including without limitation any copyright, trademark, or property right, Company can request written evidence of ownership of, or right to use, the content in question. If such written evidence is requested by the Company, the Operator agrees to provide it to the Company within five (5) working days after such request was sent. Operator’s failure to provide the Company with such required written evidence within that timeframe may lead to the immediate termination of the Operator Account. The Company may additionally proceed with the immediate suspension of any and all pending payment of compensation to the Operator.
   7. Operator acknowledges that the content may be deemed as special categories of data of a natural person who participates in the content and that the Operator is obliged to acquire such natural person’s explicit consent for the processing of such data, in accordance with the General Data Protection Regulation. By uploading any content, the Operator warrants that they have records of such explicit consent for every natural person participating in the content.

2. ELIGIBILITY

   1. Operator represents and warrants that the Operator and every person depicted in the content is at least eighteen (18) years old or at least of age of majority in its location, whichever is higher.
   2. As far as the possibility to create an Operator Account is a part of Our services provided through the Website, Your creation of the Operator Account and assent to this Operator Account also signifies Your consent to act in accordance with the Terms as defined above herein.
   3. In order to create an Operator Account, the Operator must comply with clauses 4.1., 4.2., and 4.4. of the Terms. The Operator must provide all necessary information and documents as defined in these clauses, in the Terms, in this Operator Agreement and during the registration process on the Website and Services.
   4. The Operator must act in accordance with all the rules and regulations defined in the Terms, and particularly the rules of behavior defined in clause 5.1 of the Terms.
   5. By creating an Operator Account, You are entering into this binding Operator Agreement with the Company and confirming that You have read, understand, and accepted this Operator Agreement and agree to be bound by its terms and conditions.
   6. Unless otherwise expressly stated in this Operator Agreement, all definitions herein shall be understood as they appear in the Terms.
   7. Operator certifies that Operator complies with the 18 U.S.C. § 2257, C.F.R. 28 Part 75 and therefore collects and stores all personal identification information concerning the Operator and all participants appearing in the Content in accordance with 18 U.S.C. § 2257, C.F.R. 28 Part 75 and other laws and regulations. Operator agrees to promptly provide the Company with all information and documentation that the Company deems necessary, upon request. Operator represents and warrants that the Operator will only provide truthful, accurate, and complete information and documentation to the Company.
   8. Operator may, at the Operator’s discretion, engage in providing content of adult nature. Operator is engaging in all such acts voluntarily, knowing that the Operator has the right to stop at any time without legal consequences.

3. COMPENSATION

   1. Operator acknowledges that the Operator may receive Internal Currency (compensation) for participation in Chats with Users. Operator further acknowledges that while the User is viewing the paid content provided by the Operator by participating in the Chat minutes are converted into compensation which the recipient (Operator) has the right to exchange into the fiat money.
   2. In order to be able to receive Internal Currency (compensation), the Operator should participate in Chats with Users and should communicate with Users. The Company reserves the right, at its sole discretion and based on its internal algorithms, to determine the amount of Internal Currency (compensation) that the Operator may receive based on the number of minutes the Operator has communicated with Users. One minute is equal to sixty seconds for the purpose of calculating Internal Currency (compensation) that the Operator may receive. No Internal Currency (compensation) will be credited to the Operator’s Account for every minute that is less than sixty seconds.
   3. Operators are allowed to withdraw Internal Currency (compensation) from the Website to their bank accounts or electronic (including cryptocurrency) wallets and receive money. Operators will have access to a statement that can be viewed on the Website and that will show the total compensation that is subject to withdrawal by the Operator. Payment will follow on a weekly basis provided, however, that payment will be made only when the minimum payout threshold has been reached. Any amount below minimum payout threshold will be carried over until the minimum payout threshold has been reached and will be paid on the next following payment date. For the avoidance of doubt, the minimum payout amount (threshold) is $50.00, however, it may vary for different payment methods and this information will be displayed to the Operator in the interface. In the event of force majeure, payment methods may change, and payment period may increase. The Company accepts no responsibility for any change in payment method or period that has occurred through no fault of the Company.
   4. The compensation shall be paid in accordance with the Company’s standard practices as may be established or modified from time to time. Company may require from the Operator to complete certain tax documents and may withhold all compensation accrued until such time as the Operator submits these documents to the Company. Company assumes no responsibility for paying any taxes, banking commissions, or currency fees on the Operator’s behalf and the Operator agrees and acknowledges that Operator assumes complete and sole responsibility for any taxes, banking commissions, or currency exchange fees.
   5. Unless otherwise agreed by the Parties of the Operator Agreement, the Operator shall only provide payment details that correspond to an account for which the Operator is the beneficiary. If the Operator provides incorrect payment details, any fees for chargebacks resulting from such incorrect payment details will be offset against any amounts otherwise payable to You. We shall not be held responsible or liable for any losses incurred due to the provision of incorrect payment details, including any payment that has been made to an incorrect recipient or lost in transit.
   6. Where the Company is confident of the Operator’s high level of participation on the Website, the Company reserves the right (but has no obligation) to additionally reward such Operator’s efforts by credit bounces to the Operator’s account. While considering about a bonus, We may count (a) Operator streams’ duration and average length of each Chat, (b) a number of the Users You communicate with, (c) cases where the Users report to Your content, and (d) any other criteria We can find important. This bonus is not Our present or any type of donation, but a payment for Your services of the Users’ involvement into the Website and Services. The amount and criteria of such payment will be solely determined by us in each separate case and displayed to You on Your account within the Website. None of the foregoing shall be interpreted as: (a) Our obligation to pay You any fees on a regular basis; and (b) Our obligation to pay You any funds where We do not directly notify You about that; and (c) Your right to determine either size or any means of a bonus as well as request the payment due to any of Your further activity on the Website.

4. GRANT OF LICENSE

   1. Operator hereby grants the Company the full rights and licenses to the content presented during the Chats and the full rights and licenses to use the Operator’s (or any depicted person’s) likeness, performance, or any other elements arising from the Operator’s content on the Website and Services, including, without limitation, the following perpetual rights to:

      1. Reproduce all or any part of the content and the Operator’s performances, acts, poses, and appearances of every kind and nature made or done by Operator in connection with the Chats.
      2. Record or otherwise reproduce the content and the Operator’s voice and all musical, instrumental, or other sound effects produced by the Operator in connection with the Operator’s content on the Website and reproduce, issue, sell, and transmit the same.
      3. Exhibit, sell, assign, transmit, reproduce, and license others to do the foregoing, whether by means of, without limitation, motion pictures, still camera photographs, radio, television, televised motion pictures, video discs, video cassettes, video tapes, printing, or any other means now known or unknown of the Operator’s Content on the Website.
      4. Use the Operator’s content, visual appearance, and name (including stage name) in connection with the advertising (including on third-party platforms) and exploitation of the Website and Services.
      5. Use Operator’s Content on the Website, visual appearance and name (including stage name) or any part thereof, as a portion of a motion picture or other work, and for the advertising thereof, and in connection with the sale of any by-products or merchandise relating thereto, and to reproduce and/or transmit the same by and in any media.
      6. Cut, edit, add to, subtract from, arrange, rearrange, shorten, and revise the Operator’s Content in any manner.
      7. Without limiting the foregoing, the Operator acknowledges and agrees that the Operator is hereby licensing to the Company all rights and titles to any films, recordings, photographs, other expressions, and other copyrights, which may appear as results of the Operator’s communications via Chats.
   2. Operator hereby grants the Company the perpetual rights to exploit and to license others to exploit the content, Operator’s name, description and biography and reproductions of Operator’s physical likeness and/or voice for the purpose of advertising and exploiting any product embodying the Operator’s appearance on the Website and the right to use any of the rights herein granted for advertising, marketing, and other commercial and non-commercial purposes or publicity (including endorsements) in connection with any product, commodity, or services manufactured, distributed, or offered by the Company.
   3. Operator grants the Company the right to use the Operator’s (or any depicted person’s) stage name, and any other stage names that the Operator has used in the past or may use in the future, including those which may be trademarked.
   4. Operator hereby waives any “moral rights” or any analogous rights, however denominated, in every jurisdiction. Operator agrees that all works created hereunder are and shall be deemed as “works made for hire”.
   5. In addition to the remuneration that will be paid to the Operator while converting the Internal Currency (compensation) of the Website and Services into the money, the Operator declares the refusal to receive royalties for creating and broadcasting content, which is displayed in Chats and in other parts of the Website.

5. APPEARANCE OF THIRD PARTIES

   1. Operator shall not permit any third party to appear in its content and in Chats together with Operator, unless such third party is also an Operator who has also been verified and approved by the Company to appear on the Website.

   2. In order for two or more Operators to participate in the Chat together (the “Collaborative Сhat”), the following procedure and rules must be followed:

      1. Each Operator participating in the Collaborative Chat must be approved and verified by the Company in accordance with the procedure described in the Terms.
      2. Each Operator participating in the Collaborative Chat must comply with the rules set out in the Terms and other internal rules at all times during the Collaborative Chat.
      3. There must be no third parties other than Operators in the Collaborative Chat.
      4. Each Operator participating in the Collaborative Chat agrees that the compensation for participation in the Collaborative Chat shall be received only by the creator (Operator) of the Operator Account who has initiated and broadcast the Collaborative Chat. Other Operators participating in the Collaborative Chat shall not receive any compensation for the Collaborative Chat from the Company or have any such claim against the Company. Each Operator participating in the Collaborative Chat agrees that the Company is not liable for any agreements and collaborations between the Operators and that it is the sole responsibility of the Operators to discuss all legal details and possible payments prior to the start of the Collaborative Chat. Operators agree and acknowledge that the Company is not responsible for arranging payments that may occur due to the Collaborative Chat between the Operators, and that the Company is not liable for any claims or damages that may occur thereto.
      5. The Company has the right to ask the Operators participating in the Collaborative Chat to confirm in writing that they wish to participate in the Collaborative Chat and that the compensation for participation in the Collaborative Chat will be received only by the creator (Operator) of the Operator Account who has initiated and broadcast the Collaborative Chat.
   3. If any third parties appear together with the Operator in the content, the Operator assures that such third parties have already provided documents and verified their age, have already provided their written consent to such appearance to the Operator and they agree to be bound by the terms of this Operator Agreement and the Terms. Also, the Operator assures that such third parties have already provided their written consent to (i) be depicted in the content; (ii) allow for the public distribution of the content and (iii) upload the content to the Website.

6. NO EMPLOYMENT OF BENEFITS

   1. Operator acknowledges that the Operator is not an employee of the Company despite the paid basis of the relationships. Operator is an independent contractor that is self-employed. Operator acknowledges that the Operator is not entitled to any benefits from the Company, including group insurance, liability insurance, disability insurance, paid vacation, sick leave or other leave, retirement plan, health plan, premium "overtime" pay, or any other benefit.
   2. You are also not a principal or agent, employer or employee, partner, founder or member of the Company. You independently determine Your actions on the Website and Services, and You are to bear all the responsibilities for them. The rules of communication established in the Website are not considered as job descriptions or other similar documents.

7. ELECTRONIC SIGNATURE

   1. The Operator agrees and acknowledges that by typing the Operator name during the registration of the Operator Account and/or by checking the appropriate box in the electronic version of the Terms and this Operator Agreement, the Operator agrees to be bound by the Terms and this Operator Agreement and this will have the same legal consequences and bindingness as if the Operator had physically signed this document in writing.
   2. The aforementioned action is considered as an electronic signature by the Operator. According to eIDAS, Regulation (EU) No 910/2014, any form of electronic signature may be used to sign an agreement, is admissible as evidence in EU courts and shall not be denied legal effect solely because it is in electronic form.

Appendix 2 to the Agreement

TERMS AND CONDITIONS OF REFERRAL PROGRAM FOR USERS ("RP TERMS")

PLEASE READ THIS APPENDIX 2 TO THE AGREEMNT WHICH IS THE TERMS AND CONDITIONS OF REFERRAL PROGRAM FOR USERS (THE “RP TERMS”) CAREFULLY BEFORE PARTICIPATING IN THIS PROGRAM. PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR ACCEPTANCE TO ALL RP TERMS AND TO ALL TERMS AND CONDITIONS OF THE AGREEMENT (https://flirtify.com/ru/terms).

The Company offers You an opportunity to earn rewards by inviting new Users to the Website. Your participation in Our Referral Program for Users (“Referral Program” and/or “Program”) can help You to earn rewards in case You follow the RP Terms.

We reserve the right to terminate the Referral Program at any time and for any reason. The Program is administered by the Company, which may outsource certain elements of administration to third parties.

These Terms are applicable to new User’s participation in the Referral Program. By participating in the Referral Program, User (“You”) agrees to use the Referral Program as outlined herein, and consistent with any other terms We may apply to the Referral Program. If You do not agree to these RP Terms in their entirety, then You are not permitted to participate in the Referral Program.

1. SCOPE OF REFERRAL PROGRAM

   1. The Referral Program shall apply to a User who decided to refer others to register on the Website, as a User or as an Operator, (hereinafter, the “Referrer”) and to the natural person that is referred by the Referrer to the Website (hereinafter, the “Invited User”). The Company reserves the right to change the scope, participants, and conditions of the Referral Program at its sole discretion and such changes may be reflected in the interface of the Website or in the RP Terms.

   2. The Referral Program allows each Referrer to earn rewards upon meeting the following conditions:

      1. Referrer shall register on the Website and shall become the owner of the User or Operator account as defined in clause 4 of the Website Agreement.
      2. After the Referrer’s successful and finalized registration, the Referrer will receive a Referral Link (which is unique and personalized) via personal account on the Website. Referral Link is a unique code that allows the Company to track that the Invited User was invited by the Referrer.
      3. Referrer may share the Referral Link with any natural person via any available sources of communication, e.g. social media, e-mails, websites, messenger apps, etc. Referrers must comply with all applicable laws and regulations and must refrain from any unlawful and/or unsolicited actions during the sharing of the Referral Link. The Referrer must comply with up-to-date electronic communication and direct marketing laws and regulations, which may include the laws of the jurisdiction where the intended Invited User resides. Any distribution of the Referral Link that could constitute unsolicited commercial email or spam under any applicable law or regulation is expressly prohibited and will constitute grounds for immediate termination of Your account and exclusion from Referral Program. The Company reserves the right to automatically disqualify suspicious Referrals without prior notice and at the Company’s sole discretion.
      4. The Invited User shall only be a natural person that is new to the Website since the launch date of the Referral Program and has never been registered on the Website. The Referrer shall not receive any income from the Invited User that was registered on the Website prior to receiving the Referral Link from the Referrer. The Referrer shall not receive any income from rejected or incomplete registration attempts by the Invited User.
      5. The Invited User must register on the Website and become User/Operator as defined in clause 4 of the Website Agreement via Referral Link of the Referrer. No rewards will be paid to the Referrer if the Invited User’s registration as a User/Operator was completed without the Referral Link. It is the Referrer’s obligation to provide the Invited User with the Referral Link, and We bear no responsibility if the registration as User/Operator was made without such Referral Link.
      6. The Referrer may receive up to ten percent (10%) of the income, which the Invited User, that is an Operator, will receive from the Company during the twenty-four (24) months after the registration as an Operator. The Company, at its sole discretion, reserves the right to define sources of income of such Operator that will count towards calculation of the Referrer's reward.
      7. The Referrer may receive up to ten percent (10%) of the subscription (membership) purchases made by the Invited User, who is an owner of the User Account, on the Website during the twenty-four (24) months following the User's registration. For the avoidance of doubt, any one-time purchase(s) of Internal Currency (minutes) by the Invited User will not be taken into account when calculating the Referrer's reward.
      8. The duration of the Referral Program is twenty-four (24) months after the registration of the Invited User as a User/Operator. The duration of the Referral Program starts from the date of the creation of the account by the Invited User. The Company reserves the right to change the duration of the Referral Program at its sole discretion based on various factors and circumstances.
   3. The Referrer’s earnings shall not exceed $50,000 (Fifty Thousand US dollars) for one Invited User for the whole duration of the Referral Program.

2. PAYMENT TERMS

   1. The Company is obliged to pay the Referrer a fixed income/spendings share percentage of the Invited User that becomes the owner of an Operator or User account, in case the conditions described in the RP Terms have been met.
   2. The precise amount payable shall be disclosed to the Referrer via special web page with the Referrer’s reward statistics.
   3. The Company reserves the right to cancel or change the payment methods available to Referrers, the timing of payments, the minimum referral fees required for payment, and any other payment terms in its own discretion, without prior notice. You acknowledge and agree that it is Your responsibility to review the Website periodically for any changes to the payment terms.
   4. The Company reserves the right to determine the manner in which payments shall be processed. Payments shall be usually made as described in the clause 3 of the Operator Agreement (including provisions on the need to reach the minimum payout amount (threshold) in order to receive payments) on a weekly basis if another term is not specified separately by the Company.
   5. You acknowledge and agree that the Company is not responsible for any currency conversion charges or fees You may incur, or for any fluctuations in the respective value, if any.
   6. It is Your responsibility to determine which, if any, taxes apply to the payments connected with the Referral Program, and it is Your responsibility to report and remit the correct tax to the relevant tax authority. You agree that the Company is not responsible for determining whether taxes apply to Your payments in connection with the Referral Program and does not act as Your tax agent.
   7. The Company reserves the right to monitor the actions of the Referrer in order to define whether the Referrer acts in accordance with applicable laws, regulations and/or internal procedures of the Company. In case the Referrer violates any laws, regulations and/or internal procedures of the Company, the Company may impose fines and other kinds of legal liability to the Referrer, including, without limitation, withholding of earned rewards of the Referrer.

3. ELIGIBILITY

   1. To participate in the Referral Program the Referrer must meet the following criteria:

      1. The Referrer must be at least eighteen (18) years old or twenty-one (21) years of age, depending on the age of majority in his/her jurisdiction. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS, OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
      2. The Referrer must finish the registration as a User according to the Agreement.
      3. The Referrer must have full power and authority to enter into this legal relationship, and by doing so will not violate any other legal relationships.
      4. The Referrer must ensure that the Invited User is at least eighteen (18) years or twenty-one (21) years of age, depending on the age of majority in their jurisdiction, according to Invited User’s relevant jurisdiction and that the Invited User is registered as a User/Operator.
      5. The Referrer and the Invited User must fully comply with the Agreement.
      6. The Referrer must not use any illegal content, ways, and/or actions to attract Invited Users to register on the Website. If We believe, at Our sole and absolute discretion, that the Referrer has violated these RP Terms and Agreement, Your account with the Company will be immediately terminated, and all rewards that would have otherwise been payable to You hereunder will be forfeited, as partial compensation of the damages caused by Your breach.
      7. The Referrer must not engage in any type of spamming. No spamming of any kind or in any form, whatsoever, is permitted in relation to Referral Program.

4. MISCELLANEOUS PROVISIONS

   1. In case any definition within these RP Terms is not defined, it shall be understood as it appears in the Agreement and/or the Operator Agreement.
   2. All terms and conditions of the Agreement shall be applicable to the Referral Program, unless otherwise specified in these RP Terms.
   3. Referrer’s participation in the Referral Program does not authorize the Referrer to act on Our business’, its parent’s or their respective affiliates’ behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership, or association between Referrer and the Company, its parent or their respective affiliates. By participating in the Referral Program, the Referrer acknowledges that he/she participates at his/her own risk and as an independent contractor, and that the Company is not directing how the Referrer fulfils its obligations hereunder.
   4. By participating in the Program, You agree to and will indemnify and hold harmless the Company, its parent, and their respective affiliates from and against any and all damages, costs, expenses, claims, or liabilities of any kind, including third-party claims, whether pending or threatened, including without limitation, attorneys’ fees and court costs, incurred by any of them arising out of or related to Your participation in the Program or breach of these RP Terms.
   5. The Company is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. The Company reserves the right to terminate the account(s) of any Referrer and/or Invited User and to request proper payment if the Referrer and/or Invited User attempts to use the Referral Program in a questionable manner or breaches any of these RP Terms or is in violation of any law, statute, or governmental regulation. All of the Company’s decisions are final and binding.
   6. The Company reserves the right to cancel the Referral Program or to change these RP Terms at any time and at its sole discretion. The Program is subject to modification or termination at any time without notice, at the Company’s sole discretion.