СHEROTIC TERMS OF USE
Last revised 18th August 2022
PLEASE READ THESE TERMS CAREFULLY AS YOU AGREE TO BE BOUND TO THEM BY ACCESSING OR USING OUR SERVICES OFFERED THROUGH OUR SITES. IF YOU DO NOT AGREE TO THESE TERMS DON`T ACCESS OR USE OUR SERVICES.
If you have any questions or comments, you may contact Сherotic by email through [email protected].
This Terms of Use Agreement (the "Agreement") is a legal agreement that governs our relationship with users and others that interact with iMedia888 GmbH and our subsidiaries and affiliates ("Сherotic," "we," or "us") in connection with the use of Сherotic websites (the "Sites") and our Services as defined below. Сherotic currently makes services available through our Sites and applications including our mobile applications. Сherotic may offer additional services or products or modify or revise any of the existing Services and this Agreement will be valid for those as well unless otherwise indicated. We also reserve the right to cease offering any of the Services. You agree that Сherotic shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.
All visitors to our Sites, whether registered or not, are "users" of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a "Member".
This Agreement and any policy or guideline of the Services may be modified by Сherotic in its sole discretion at any time, with or without notice. Any modifications or changes will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services after the posting of changes or modifications will automatically lead to your acceptance of such changes or modifications; therefore, it´s upon your responsibility to frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.
1.USE OF THE SITE
a) Requirements for usage
Сherotic is a meeting place for adults only, so you must be at least 18 years old in order to become a member on our Sites and make use of our Services.
You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using Сherotic you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
b) Content rules
On Сherotic you are allowed to post all kind of things including photographs, emails, messages and other content (“Content”)
You are NOT allowed to POST or SEND content though which:
1. contains language or expletives which could be deemed offensive or is likely to harass, upset or annoy any other person;
2. is pornographic or otherwise may offend human dignity;
3. is insulting or threatening, or which promotes or encourages racism or sexism,;
4. encourages any illegal activity including, without limitation, terrorism or inciting racial hatred
5. is defamatory;
6. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
7. involves the transmission of “spam”or “junk” mail;
8. contains any spy ware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any soft- or hardware and any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Сherotic or otherwise;
9. itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights).
In addition to the above you shall not display any personal data such as banking information on your individual profile page (“Profile”) whether in relation to any other person or to you as this may cause damage to you. If you do so, it is at your own risk.
You also may not use other people´s personal information for commercial purposes, to spam or to make unlawful threats. In case of abuse of others´ information, we reserve the right to terminate your account.
Whenever you upload content to Сherotic it is available and accessible for the general public.
If you don´t want others to have access to such content you should not upload it to Сherotic. We reserve the right (without obligation) without giving you notice, to remove or edit, block or limit access to any content that you upload or submit to Сherotic without any incurring liability to you. We neither have any obligation to display, check the accuracy or truthfulness of your content submitted to Сherotic nor are we obliged to monitor your use or the use of other users of Сherotic.
When you submit Content to Сherotic you warrant that you are the exclusive owner of it and you agree to waive any rights relating to it. Hereby you also grant Сherotic non-exclusive, royalty free and perpetual worldwide license to use such Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future). This may also be sub-licensed to our affiliates and successors without any further approval required from you.
All non-users content (including all text, graphics, trademarks, logos, sound and artworks) are owned, controlled or licensed by us and are protected by trademark, copyright and other intellectual property law rights.
In relation to the Content on Сherotic you don´t have any rights and you agree that you will not use any Content in any manner, which may infringe any third party’s rights other than in relation to Content submitted by you to us. This means – without limitation to the foregoing - that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of our site or the Content contained on it (other than the Content submitted by you) to anyone else.
2. PAID SERVICES
a) General
If you purchase any virtual coins (the "Paid Services"), you authorize Сherotic and our designated payment providers to store your payment card information and other related information required to process your payment. With your purchase you also agree to pay the applicable fees for the Paid Services. All of our fees and charges are nonrefundable and there are no refunds except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at our sole and absolute discretion. The Fees for the Paid Services shall be paid in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All our prices for Paid Services are subject to change without notice.
b) Payment Method
We offer our clients various payment methods, which include, without any limitation payment by credit card, by debit card, by direct debit or by certain mobile payment methods also through local mobile carriers. The charges for the Paid Services will be debited from the payment method you have selected for the purchase and you agree to make payment to Сherotic using that Payment Method. If your payments declined by your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method.
OUR TERMS OF USE AGREEMENT WILL BE AVAILABLE ON WWW.СHEROTIC.COM DURING THE DURATION OF THE CONTRACT.
c) Virtual Currency
Сherotic offers a set of features which require coins to use them. The coins may be given for free in exchange for activities done by the user or can be purchased. When you redeem coins, purchased coins will be redeemed first before any promotional or earned coins will be used.
Your coins will be stored in an account for you and any purchased coins expire six months after you purchased them. They can´t be transferred to any other user or third party, cannot be redeemed for cash and are non-refundable except (i) as required by law or (ii) at our sole and absolute discretion. We may, without further notice to you, redeem all paid coins from your account in case you turn inactive which is defined as no login for one year. The same applies in case you deactivate your account on Сherotic. Furthermore, we may limit or even suspend your access to coins if we suspect, in our sole discretion, fraudulent, abusive or unlawful activity associated with your account.
If we post coins to your account for an activity that is subsequently voided or canceled or that involves a returned item, then we will remove those coins again from your account. In case you believe that we haven´t posted coins correctly to your account, please contact our customer service by email at [email protected].
d) Incorrect Payments and Errors
In the unlikely event that you submit to us a payment for Paid Services that does not match the price for the Paid Services you have selected, we shall have the right to (1) return or refund all or some of the amount of your payment, (2) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment, (3) apply all or some of the amount of your payment to the purchase of our virtual currency or (4) apply your payment in any combination of (1) to (3).
3. MOBILE SERVICES
You may access and use certain features of our Services on certain mobile devices, (the "Mobile Services"). Your access and use of the Mobile Services is subject to the terms and conditions of this Agreement, including without limitation the terms and conditions regarding the use and submission of User Content, as well as any Additional Terms presented to you for your acceptance when you sign up to use our Mobile Services. The usage of Mobile Services implies additional cost from your carrier you have to pay for.
DOWNLOADABLE APPLICATIONS
By using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms and conditions of the End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.
4. FREE TRIALS AND PROMOTIONS
From time to time, we may offer promotions like special priced Coin-Packages (a "Promotion"). As an example, we may provide you with our virtual currency without charge.
5. SPECIAL ANNOUNCEMENT
Сherotic makes every effort to ensure that only users who adhere to Сherotic's Terms of Use are in the contact lists. In order to present this with high quality, Сherotic uses various technical and manual checking mechanisms to identify users / members with inappropriate behavior or unfair interests and to exclude them immediately if necessary.
The user / member is also aware that Сherotic uses so-called animators to motivate users / members for interactive communication. These are real people. However, the user / member is aware that he cannot meet the animators used in real life. Both users and members can contact the animators at any time, either write to them themselves or be contacted by them and communicate with them via the portal.
Сherotic is therefore a moderated service. The animators serve to increase the activities via the portal and thus the revenues of the operator. For this purpose, animators who are employed by the operator, a variety of profiles of fictitious people and pretend to be these fictitious persons. Therefore, real people are not behind all our profiles. It can be assumed that all profiles are fictional profiles run by animators. The fictional profiles include personal information that entertainers devise and contact information that matches the profile. All statements, as well as all of the fictitious profiles given personal data are inventions of the animators. Due to the fact that contact details are given for a profile, it cannot be concluded that a really existing person hides behind the profile. Real meetings are generally not possible with the entertainers. The same applies if the possibility of a call or the sending of pictures or SMS via the SMS function is offered for a profile. A male profile can be run by a female presenter, a female profile by a male presenter.
Furthermore, Сherotic sets the entertainers u. a. also for a check on the compliance with the rules of use as well as the general handling of the members among each other and in order to ensure the user / member expected quality to the portal. The animators are not marked separately in the system
6. DISCLAIMERS/GUARANTEE
СHEROTIC PROVIDES THE SITES, ALL PROPRIETARY MATERIALS AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
СHEROTIC DOES NOT WARRANT THAT (A) YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. СHEROTIC DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO THE AVAILABILITY AND CONNECTIVITY OF THE SERVICES.
СHEROTIC DOES NOT HAVE ANY OBLIGATION TO SCREEN OR VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, WE DISCLAIM ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
СHEROTIC DOES NOT: (i) GUARANTEE THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY INFORMATION OF THE SERVICES, OR (ii) ENDORSE, ADOPT OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OF THE SERVICES OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN СHEROTIC. WE WILL NOT BE RESPONSIBLE - UNDER NO CIRCUMSTANCES - FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL СHEROTIC OR ANY OF ITS EMPLOYEES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT ANY LIMITATION DIRECT, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM СHEROTIC, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO СHEROTICS’ RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL СHEROTIC´S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS AND (2) USD50.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL СHEROTIC BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT ANY LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
7. DISPUTES AND INDEMNIFICATION
a) Disputes
Our main goal is to resolve any disputes quickly and amicably and we would like to encourage you to contact us and explain your complaint prior to initiating any legal action or making a chargeback. You agree that any dispute arising from this Agreement or about or involving the Services will be governed by the laws of Federal Republic of Germany, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and Сherotic agree to submit to the sole and exclusive jurisdiction of Germany in such legal action or proceeding.
b) Indemnity
You agree to defend, indemnify and hold Сherotic, its subsidiaries and affiliates, and each of their staff and partners harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney's fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any User Content or Submission you provide or transmit through the Services, (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules or regulations.
8. TERMINATION
This Agreement is effective upon your first use of the Services and shall remain effective until it is terminated in accordance with the terms of this Agreement.
a) Termination by US
We may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses) notwithstanding anything to the contrary in this Agreement. At our sole discretion, we also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time. In the event of a termination or suspension of your access to any of the Services for cause, such as due to any breach of this Agreement, flagged conduct or content or third party complaints, you agree that all fees then paid to Сherotic by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your subscription will immediately be due and payable. All decisions as to the refund ability of the fees are in Сherotic´s sole discretion.
b) Termination by You
In addition to any right you may deactivate or terminate your account at any time and for any reason. Therefore lease send us an email to [email protected]. Except as otherwise provided by law or in this Agreement, you will not be entitled to any refund of the fees you have paid to Сherotic.
9. ADVERTISERS AND OTHER THIRD PARTIES
Our Services may contain promotions and advertisements from third parties or may otherwise provide information about or links to third party products or services. Your business dealings or correspondence with such third parties roar participation in promotions of such third parties and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third parties. Сherotic is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that Сherotic shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.
10. MISCELLANEOUS
If any provision of this Agreement is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Сherotic to exercise or enforce any right or provision in this Agreement shall not operate as a waiver of such right or provision.
11. LANGUAGE OF THE AGREEMENT
The original language of this agreement is GERMAN. Where Сherotic has provided a translation of the GERMAN version of this Agreement, you agree that the translation is provided for your convenience only and that the GERMAN language version of this Agreement will govern your relationship with Сherotic. If there is any contradiction between what the GERMAN language version of this Agreement says and what a translation says, then the GERMAN language version will take precedence.
Thank you for reading our Terms and Conditions and now have fun with our premium service: Сherotic!