Terms and conditions

Article 1. Definitions

In these terms and conditions, the following terms are defined as follows, to the extent that it does not follow otherwise from the nature or purport of the present stipulations.

1. Trafficshare B.V.: the user of these terms and conditions, located at Platinaweg 25, 2544 EZ in Den Haag (Netherlands), registered in the Commercial Register under Ch. of Comm. no. 70108420.
   • VAT identification number: NL858145297B01
   • T:
   • E:
2. User: each natural person, not pursuing professional or commercial activities, who has concluded or intends to conclude an agreement with Trafficshare B.V..
3. Parties: the parties to the agreement: Trafficshare B.V. and the user jointly.
4. Agreement: each agreement formed between Trafficshare B.V. and the user, which may relate to:
   • the agreement to use the webspace which is formed by registration by the user on the website;
   • the agreement to purchase coins, spotlights or a subscription to make it possible for the user to make use of certain functionalities of the website. Agreement is further meant to be understood as, in any case, the entirety of the stipulation or statement declared to be applicable on the legal relationship between the user and Trafficshare B.V., which also includes what is stipulated in these terms and conditions.
5. Website: each website of Trafficshare B.V. on which the user can conclude agreements with Trafficshare B.V. and on which, upon registration of the user, the present terms and conditions be made available to the user.
6. Webspace: the part of the website exclusively accessible for the user by means of user name and password.
7. Content: all data, also including photos and text messages, which are uploaded, disclosed and/or distributed by the user using the webspace.

Article 2. General provisions

1. The website is a chat service which works with purely fictitious profiles. The website is not intended for bringing about physical appointments. The website has as purpose to flirt with fictitious profiles, for which flirting is meant to be understood as the exchange of erotic chat messages. The user owes so-called coins per chat message to send chat messages. Trafficshare B.V. offers coins in packages. The current price of coin packages can be found on the website, for example with the display of the coin balance of the user. In addition, the user may conclude a premium subscription, in the context of which the user can make use of extra functionalities of the website. Furthermore, the user can purchase so-called spotlights. Spotlights show the profile of the user more often in the overview and the chance of likes is up to 15 times as much.
2. These terms and conditions apply to each offer of Trafficshare B.V. addressed to the user, and each formed agreement.
3. The text of these terms and conditions is made available to the user in such a manner, before the registration on the website by the user is completed, that it can be stored on a durable data carrier in a simple manner.
4. If Trafficshare B.V. does not continuously require strict compliance to these terms and conditions, then this does not mean that these conditions do not apply or that Trafficshare B.V. loses the right to require strict compliance to these conditions in the future.
5. Annulment or nullity of one or more of the present provisions does not affect the validity of the other provisions. Whenever relevant, parties are obligated to enter in joint consultation in order to find a substitute arrangement when it comes to the affected stipulation. For this the purpose and the purport of the original provision is observed as much as possible.
6. The provisions of these terms and conditions which are intended by their nature or scope to also apply after termination of agreements also remain in full force and effect after their termination.

Article 3. Offer and registration

1. The user may not derive any rights from any offer of Trafficshare B.V. which comprises an obvious error or mistake.
2. Registration by the user on the website is required for the formation of agreements. The website contains explicit erotic content. Registration is solely possible for persons who have reached the age of 18 years and are therefore adults. By registering the user states to be of age.
3. The user is not allowed to register in the name of another person. The user indemnifies Trafficshare B.V. of all claims of third parties in relation to the argument that the user has acted in violation with the provision in the previous sentence.
4. The agreement to use the webspace is formed at the time that the registration of the user by Trafficshare B.V. is confirmed by email and the user has verified their account. After formation of that agreement, the user may login using their given username and password to gain access to the webspace, compose and change their profile and to be able to make use of the other offered functionalities of the website.
5. The user guarantees that all data given with the registration is correct, accurate, current and complete. Furthermore, the user states that all data which the user provides to Trafficshare B.V. at any other time, is also correct, accurate, current and complete.
6. The creation of multiple profiles by the same user is not allowed. There is only eligibility for free coins for one profile and per IP address.
7. Trafficshare B.V. is entitled to let the right of use of the user to a certain user name lapse, for any reason whatsoever.

Article 4. Conditions for use and limitations

1. The user is not allowed to upload, distribute and/or disclose unlawful, violent, infringing, hateful or discriminatory content through the website.
2. The user is not allowed, except to the extent this is expressly asked for by Trafficshare B.V. through the webspace, to directly or indirectly add personal data, such as telephone numbers, (email) addresses, URLs or other personal data to their profile, so this would be visible to fellow users through the website.
3. The user is not allowed to use the website in any manner whatsoever for unlawful actions, committing criminal offences and/or for actions which are in violation with prevailing standards and values. This includes, non-exhaustively: violating intellectual property rights of third parties (including, but not limited to: copyrights, trademark rights, rights pursuant to the European Directive 96/9 pertaining to the legal protection of databanks, patent rights and rights to designs, theft, the unlawful and/or criminal dissemination of secret or confidential information, the unlawful or criminal distribution of texts and/or image and sound material, including racist statements, (child) pornography, criminal data traffic.
4. The user is liable for all activities which are performed through the account on the website. The user is obligated to keep the login data for access to the account confidential. All actions which are performed on the account of the user are attributed to the registered user. Solely the user is responsible for their conduct as well as for all content which the user uploads, distributed and/or discloses through the website.
5. The user is not allowed to retrieve, use or collect registration data of other users of the website.
6. The user is strictly prohibited to defame, threaten, bully, scold, harass, stalk or intimidate persons by means of mutually exchanged messages.
7. The user is not allowed to use the website for illegal or otherwise unauthorised purposes. The user is obligated to comply with all laws, rules and regulations imposed by virtue of the government which apply to the use of the website and the uploading, disclosure and distribution of content by the user.
8. The user is prohibited from uploading content on the website which contains incorrect or misleading data. Furthermore, the user is strictly prohibited to intentionally cause failures or defects when it comes to the website or servers of Trafficshare B.V..
9. The user is not allowed to use the website or the message system of Trafficshare B.V. for the promotion of services or products of third parties, whether or not with a commercial purpose. The user is also prohibited, in any manner whatsoever, to refer to other web pages.
10. The user is prohibited to violate the privacy of fellow users. Furthermore, the user is not allowed to provide personal data of follow users to third parties.
11. The user is not allowed to impede or disrupt the website or the servers or networks of which Trafficshare B.V. makes use of for the operation of the website and service, for example by sending worms, viruses, spyware, malware or other destructive or disruptive codes. Use of the website is solely allowed for purposes for which it has been put into use for the user by Trafficshare B.V..
12. The user is responsible for their communications with other users of the website, both online and offline. The user indemnifies Trafficshare B.V. from claims relating to the conduct of any fellow user from the website. Trafficshare B.V. is in that context entitled, but not obligated, to monitor disputes between users among themselves and/or to play a conciliatory or corrective role in this. The user is obligated to use common sense in their communication with fellow users of the website. This also applies when it comes to uploading, distributing and disclosing content and personal and all other data.
13. Trafficshare B.V. does not bear responsibility for the content which is uploaded, disclosed and distributed through the website, also not as it relates to the content of fellow users. The user uses the website entirely at own risk.
14. Trafficshare B.V. is always entitled, but not obligated, to delete, edit, block and/or monitor content which, at its discretion, violates what is stipulated in these terms and conditions. Users can submit a complaint to Trafficshare B.V. of illegal content and/or content that violates rights of fellow users or other third parties and other conduct that can be misuse. If Trafficshare B.V. considers a complaint to be well-founded, then Trafficshare B.V. is entitled, without prejudice to what is stipulated in the remainder of these terms and conditions, to delete the content in question in whole or in part without Trafficshare B.V. being in any way liable towards the user in question as a result of such a deletion.
15. The user always guarantees that the user is the owner of the content which the user places or distributes on the website, or that the user is otherwise entitled to place this content on the website. The user is not allowed to post photos of other persons on their profile. The user guarantees that the publishing and using of content through the website does not violate the rights of third parties, such as it relates to privacy rights, copyrights, trademarks and/or other intellectual property rights.
16. The user is not allowed to disclose negative statements about Trafficshare B.V. on, for example, forums or review sites, without that these statements comprise sound evidence.
17. Trafficshare B.V. is not responsible for profiles of users which comprises content which is in violation with the law. Trafficshare B.V. does not have the means to permanently verify the content of profiles of users. Upon suspicion of violation of the law by a user, users are requested to immediately inform Trafficshare B.V.. Trafficshare B.V. will then perform all efforts within its capabilities to prevents its repetition and, if necessary, delete the statements in question from the website.
18. The user is not allowed to create a fictitious account. Such accounts will be immediately deleted by Trafficshare B.V.. Trafficshare B.V. reserves the right to create profiles on the website and to send messages to the user on behalf of these accounts. The user understands and accepts that the profiles on the website are fictitious and these are solely created to exchange messages and flirts. Physical appointments with the person in fictitious accounts is not possible.
19. The user agrees that the profile that the user displays on the website, may also be shown on other websites of Trafficshare B.V..
20. Domain names, texts and other content shown on the website, are only illustrative. The user may not derive any right whatsoever to the statement that the referred to domain names, texts and other content imply that any services designated with this are actually offered and granted. In any case, no escort services and other paid sex are offered through the website.

Article 5. Refusal, blocking and deletion of profiles

1. Trafficshare B.V. is entitled to refuse, block and/or delete a profile from the website without giving any reason. Trafficshare B.V. refuses, blocks, and/or deletes a profile, although without being obligated to do so, if:
   • the user acts in violation with these terms and conditions;
   • the profile is in violation with applicable laws and legislation;
   • the profile has a child pornographic or animal erotic character, or refers to a location with such content;
   • the profile has a violent nature, or refers to a location with such content;
   • the profile discriminates on grounds of race, gender, political affiliation, religion or belief;
   • the profile comprises malware and/or viruses or links to websites and/or digital sources with malware and/or viruses;
   • the profile incites, promotes or encourages illegal activities or the profile does not suit the website considering ethics, layout, style or design.
2. If a profile is blocked or deleted, there is no refund of purchased coins or cash. The circumstance that the profile of the user is blocked or deleted as referred to in this article is not attributable to the user. Trafficshare B.V. may therefore not be held liable for the failure to refund purchased coins or paid amounts of cash.

Article 6. Termination and deregistration

1. The user can delete their profile in the prescribed manner. In the event that the user terminates agreements with Trafficshare B.V. at own initiative, any already acquired coins or spotlights and paid amounts are never eligible for refund.
2. A violation by the user on what is stipulated in these terms and conditions or an applicable legal regulation, may result in blocking the account of the user, at the sole discretion of Trafficshare B.V. and in addition to what is stipulated in article 5.
3. Trafficshare B.V. is entitled to adjust the website, for any reason whatsoever and without prior notification and at any time, or terminate its operation, without being held liable towards the user in any way. In the event that Trafficshare B.V. terminates agreements as a result of a circumstance not attributable to the user and there is still coin or spotlight balance for the user available on the webspace, the user is eligible to no more than a refund of amounts paid for those coins or spotlights. The same applies for the duration of a subscription not enjoyed, but for which a payment was already made. However, refund is in all cases no longer possible if the user has not logged into their account for a period of at least six months up to the day that the user invokes a claim for a refund.
4. In the event of deregistration or termination as referred to in the previous paragraphs, all content of the user will no longer be accessible. No obligation to retain whatsoever resides on Trafficshare B.V. after termination of agreements. In the event of deregistration or termination, all licences and other rights granted to the user pursuant to these terms and conditions come to lapse with immediate effect.

Article 7. Coins, subscriptions, spotlights, payments and right of withdrawal

1. The prices of coins, spotlights and subscriptions are expressly specified when entering into the transaction or the subscription. These can be paid for through the website using a payment method selected by the user. Upon registration, some coins may be made available free of charge, but this is solely the case if this is expressly indicated by Trafficshare B.V..
2. The user may withdraw a transaction concerning coin packages, spotlights or a subscription without giving any reason up to 14 days after its formation. To the extent that a purchased coin package or spotlight is used within the referred to reflection period in whole or in part, the right of dissolution lapses. The user is therefore only eligible to a refund of coins or spotlights purchased by the user and not yet used. In the event that a subscription is withdrawn, the user owes an amount to Trafficshare B.V. proportional to the already enjoyed duration of the subscription.
3. The user can make use of the right of withdrawal by submitting a request for withdrawal with Trafficshare B.V. by email or making use of the model form offered by Trafficshare B.V.. As soon as Trafficshare B.V. is notified of the intention of the user to dissolve the transaction or the subscription, Trafficshare B.V. will confirm the dissolution to the user as soon as possible by email. Refund takes place within 14 days after dissolution of the transaction or the subscription, through the same payment method as the user used when entering into the transaction or the subscription.
4. Trafficshare B.V. is always entitled to change prices without prior notification. However, price changes do not affect transactions and subscriptions already effected.
5. The user is not eligible to use of paid services of Trafficshare B.V. prior to the payment owed for that being paid.
6. Payments made by the user are never eligible for refund, without prejudice to what is stipulated in the previous paragraphs of this article, as well as article 6.3, and coins (free of charge) cannot be exchanged for cash.
7. In the unlooked-for event that coins are spotlights are not credited to the account of the user, while a payment did take place, the user is, of course, eligible to the proper crediting of the coins or spotlights. In that case, the user needs to contact the customer service of Trafficshare B.V..

Article 8. Liability and indemnity

1. Except in the event of intent or deliberate recklessness of Trafficshare B.V., each liability of Trafficshare B.V. for damage and loss suffered in relation to the use of the website is ruled out. In particular, Trafficshare B.V. is not liable in accordance with what is concretely stipulated in the previous paragraphs of this article and the remainder of these terms and conditions.
2. Trafficshare B.V. bears no liability whatsoever for not realising dated by the user. Furthermore, Trafficshare B.V. bears no liability for the circumstance that the use of the website did not go or did not entirely go to the expectations of the user. The user uses the website at own risk and bears any adverse consequences which may follow from the use of the website, such as relating to personal relationships with partners, employers, etc., but also when it comes to financial damage and all other cases of consequential damage and loss. Any liability of Trafficshare B.V. in the matter is ruled out.
3. Trafficshare B.V. is at all times entitled to adjust the website, whether this is on minor points or not, and is not liable for damage and loss which follows from it to the user, except to the extent that the user is disproportionately disadvantaged in this regard pertaining to certain functionalities of the website, in which case the user is eligible to, at most, a refund of payments made by user in the matter.
4. Trafficshare B.V. is not liable for damage and loss as a result of unauthorised use of login data on the website.
5. Trafficshare B.V. makes an effort to optimise the correct functioning and accessibility of the website. However, Trafficshare B.V. cannot guarantee that the facilities on the website are available unlimited and that all facilities on the website function without problems. Any liability of Trafficshare B.V. in the matter is ruled out.
6. Trafficshare B.V. is at all times competent to put the website or parts thereof outside of commission if this is desirable, at its discretion, for the purpose of maintenance, upgrades, troubleshooting, adjustment or improvement of the website or servers of Trafficshare B.V. or third parties. All liability of Trafficshare B.V. as a result of inaccessibility or decreased accessibility or usability of the website or parts thereof is ruled out.
7. Trafficshare B.V. is not liable for programming errors of the website. Furthermore, Trafficshare B.V., except for intent and deliberate recklessness on its side, is not liable for viruses or other harmful components which do harm to the hardware or software of the user through the website or servers of Trafficshare B.V. or third parties.
8. If the website contains references, for example by means of hyperlinks, to the websites of third parties, then Trafficshare B.V. is never liable for the content of these websites.
9. Trafficshare B.V. makes an effort within reason to secure the website and the other systems of Trafficshare B.V. against any form of unlawful use by third parties. However, Trafficshare B.V. is never liable for violation of (intellectual property) rights of the user by third parties, as well as for damage and loss as a result of loss or damage of content or the sending of content as a result of insufficient security.
10. The user is liable towards Trafficshare B.V. for all damage and loss caused by user as a result of a violation to the provisions in these terms and conditions, the spreading of viruses, worms et cetera through the systems of Trafficshare B.V., as well as for damage and loss as a result of other actions which affect the proper functioning of the website or parts thereof. The user is further liable for all costs which Trafficshare B.V. has to incur as a result of such a circumstance, for example because the user has to defend himself or herself or be represented judicially or extrajudicially in this matter.
11. If and to the extent that the user violates what is stipulated in these terms and conditions or any statutory regulation, the user indemnifies Trafficshare B.V. of all damage, loss and claims of third parties that follow from it.

Article 9. Intellectual property

All databank rights, copyrights and other rights of intellectual property on the offered software, the domain name of Trafficshare B.V., the website and parts thereof, also including the name “Trafficshare B.V.”, the design, functioning, images and sounds of the website, belong to Trafficshare B.V., to the extent that these rights do not reside with the user or third parties. The user is prohibited to duplicate the material on which the rights of Trafficshare B.V. or its licensor reside, or to modify, reproduce in any way, provide to third parties, distribute, exploit or make works derived from it, other than what is necessary in relation to the use of the website.

Article 10. Complaints

1. In the event of complaints of the user about Trafficshare B.V., the user may submit these through the contact page on the website, by email () or by telephone (Monday to Friday from 9.00 to 17.00 hours) at telephone number . There are no costs involved in this, except for the usual call charges in case the user submits the complaint by phone.
2. Trafficshare B.V. attempts to answer complaints substantively within two working days after receipt. If a complaint requires a longer processing time, then a confirmation of receipt is given within the period of two working days and an indication of when the user can expect a more detailed answer.
3. Trafficshare B.V. takes every complaint seriously and strives to find a suitable solution. If the complaint of the user cannot be solved in joint consultation, then the user may submit the dispute to the disputes committee through the ODR platform (www.ec.europa.eu/consumers/odr/).

Article 11. Newsletters, offers etc.

Trafficshare B.V. is entitled to use the email address of the user to inform the user of offers, new services of Trafficshare B.V. or new developments when it comes to the service provision of Trafficshare B.V.. If the user no longer wishes to receive such messages, they can unsubscribe from receiving these in the manner prescribed in these messages

Article 12. Final provisions

1. Trafficshare B.V. is at all times competent to amend the content of these terms and conditions. The amended terms and conditions also apply to already formed agreements with due observance of a period of thirty days after its notification
2. The Dutch law applies exclusively to the agreement and all legal relationships that follow from it between parties.
3. Before appealing to the court parties are obligated to make an optimal effort to resolve the dispute in joint consultation.
4. If this document is available in multiple languages, then its Dutch version is binding for people in the Netherlands and Belgium and for people in other countries, the English version is binding.