1. Acknowledgement and Acceptance of Terms & Conditions
No person under the age of 18 is permitted to visit this App (hereinafter “App”) App (hereinafter “the App”).
A special note about underage individuals
Individuals under eighteen years of age are not eligible to use our Apps. We ask that such do not submit information to us. The App is intended for consenting adults, over the age of 18 (eighteen), or individuals that have reached the age of majority in their applicable jurisdiction, whichever is older. Persons under the age of majority are not eligible to register for, use and/or purchase the Apps and/or products featured on the App or to become a member.
1.1 The App can only be used after you have registered. Registration is free. You thereby enter into a non-fee based contractual relationship with us, which is governed by these Terms.
1.2 We also offer more extensive Apps under a subscription which is fee-based, if you wish to communicate with other members and use the App in full. We always notify you accordingly before you use any fee-based Apps, indicating which fees are applicable and the respective amount. We will charge your payment method (such as credit card or other debit card) for any fee-based subscription. You choose how long you want to subscribe to the App for. You can use the fee-based Apps after paying the appropriate fee. The subscription period paid for by you shall extend automatically for a period equal to the original subscription unless cancelled by you through your profile settings. Once the payment of the subscription fee is affected, we will notify you by means of a payment confirmation email of the said subscription. We will notify you if the prices of the subscriptions increase, and if required, seek your consent to continue. You can use the fee-based Apps after paying the appropriate fee and only after the said fee has been validly debited from your account. Eventually, you will be charged within twenty-four (24) hours prior to the start of the next subscription period due. If we cannot charge your payment method which you would have provided us, we will attempt to charge your payment method for the next thirty (30) days following the first decline of payment. If we fail to charge your payment method for payment.
In the event of an unsuccessful recurring payment, an administrative fee of up to $2.00 (or the equivalent in your local currency) may be applied in order to keep your subscription active until the full subscription fee can be processed successfully.
1.3 Your membership is intended only for your personal use. You are not allowed to authorize others to use your membership or your account on the App. That means you’re not allowed to share your access data with any third party or forward your access data to any third party. We offer the App exclusively for private purposes. By registering, you undertake to use this App exclusively for private purposes and not for commercial ones.
2. Registration and App Use
2.1 The App can only be used once registration has taken place.
2.2 By registering, you agree to these Terms and warrant that you are of age, i.e. at least 18 years old.
2.3 Apps accessed over mobile devices might be restricted depending on the add-ons and features of your mobile browser and not all features may be available.
2.4 You must ensure the truthfulness of the details given during the registration and later during purchase and payment.
2.5 We reserve the right to block your access to the App if you use the App in a manner that is illegal or breaches the obligations laid out in these Terms. However, blockage of access for the above reasons shall have no effect on your obligation to pay for the App purchased.
3. Terms and Conditions of Use
3.1 The App’s primary purpose is to provide an adult entertainment experience. The App enables members to connect with each other, exchange pictures, stories, fantasies, and contact and engage in conversation with other members, our representatives, and our automated system.
3.2 You understand and agree that there is no guarantee that you will find a date, a companion or an activity partner, or that you will meet any of our members in person. The App merely provides an adult entertainment experience to its members.
3.3 You understand that you are responsible for all details you provide. You must ensure that the details you provide are truthful and describe you personally. You undertake to refrain from willfully presenting data from third parties as yours. Willfully false details or details made with fraudulent intentions, in particular providing the bank or credit card details of a third party without their consent, will carry legal consequences.
3.4 You undertake to keep the details provided to us up to date, in particular your contact details and payment information.
3.5 You are solely responsible for the content that you publish or display on the App, or transmit to other members, and by posting content to any public area of the App, you automatically grant, and you guarantee that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, worldwide license to use such information and content, and to grant and authorize sublicensing of this content. We reserve the right to use content from profiles, including the member username, photos and videos, for featuring them in promotional material. The App has joined the Charm network which pools resources and members of several Apps to provide you with a larger selection of members to communicate with. Any content you post may be visible on other sites on the network.
3.6 We do not verify the accuracy or truth of any information published by members. Whilst we are entitled, but not obliged, to investigate the content of profiles, including uploaded images, for compliance with the law in general, with these Terms and with the rules specified by us on the relevant web pages and, if necessary, to reject, modify or even delete the content in question. By using this App you accept that any member profiles, messages and communication may not be genuine and the App is for entertainment purposes only.
3.7 You undertake to furnish no information that you are not explicitly requested to provide. In particular, this applies to names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers.
3.8 You undertake to treat other customers’ data (in particular names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers), e-mails and other forms of correspondence that you obtain in connection with your use of the App with confidentiality; you also undertake to refrain from making these accessible to third parties without the consent of their originator. It is also forbidden to pass on the data of non-customers as part of the App.
3.9 You warrant that you have no commercial intentions and will refrain from using the information entrusted to you for commercial purposes or purposes that breach the contract. You undertake to send messages to other customers for no purpose other than that of personal communication and in particular not for the purposes of advertising or tendering goods or Apps. You also undertake to refrain from sending "chain mail" or similar.
3.10 You shall not misuse us and in particular shall refrain from using the App in order to distribute defamatory, objectionable or otherwise illegal material (e.g. but not limited to material that infringes third party personality rights such as photos of third parties); threaten or harass others and/or violate their rights;
to pledge or demand money or payment in kind.
3.11 You also undertake not to upload any data containing a virus (infected App) or any other kind of malware to the App; not to upload any data to the App containing App or other material that are copyright protected or protected by other commercial property rights unless you are the owner of the rights in question or have obtained the consent necessary to use the App or materials from the holder of the rights; not to use the App in such a way that the availability of the App to other customers are negatively affected;
not to intercept e-mails or make any attempt to do so.
3.12 If you do not comply with any one of the obligations set out in the paragraphs above, this may lead to us terminating the contractual relationship and access to the App being immediately blocked. Any pecuniary claim by us against you remains unaffected by this. Furthermore, we reserve the right to initiate civil or criminal proceedings against you.
3.13 If you use the App in conjunction with business interests or use the details and data entrusted to you for commercial purposes, you shall be obligated to pay a contractual penalty of upto 15,000 $ for each proven contravention or the highest amount permitted by law, without prejudice to any claim for damages.
3.14 You undertake to hold us harmless against all proceedings, loss, demands or claims for damages that may arise during your registration for and use of the App. In particular, you shall indemnify us against any liability and all obligations, expenses and claims resulting from losses due to malicious gossip, insult, defamation and violations of personality rights by other customers, due to non-provision of Apps for customers or due to the violation of intellectual property rights or other rights by you. Furthermore, you shall indemnify us against all liability and claims arising from a breach of these Terms by you.
3.15 You are expected to open and respond to the messages that you receive at regular and appropriate intervals and, if necessary, file these on your own computer or another storage medium.
3.16 All incoming messages of users of the free App are stored in the internal mailbox on the site for 30 days. All incoming messages for paying subscribers are stored in your internal mailbox on the site for 3 months. We reserve the right to review and delete any messages, comments, photos, video and whole profiles (the "content") that in our sole judgment violate these Terms or may be offensive, illegal, or that might violate the rights or put in danger safety of other members.
4. Legal Responsibility for the Content Posted by You
a) You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the APP or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post as part of the APP, or transmit to the Company or any other user (either on or off the APP), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the APP and grant the licenses set forth below.
b) You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of a APP. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the APP or the Company.
c) By posting Content as part of the APP, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
d) In addition to the types of Content described in Section 5 above, the following is a partial list of the kind of Content that is prohibited in the APP. You may not post, upload, display or otherwise make available Content that:
i. that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. advocates harassment or intimidation of another person;
iii. requests money from, or is intended to otherwise defraud, other users of the APP;
iv. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" , "phishing", "trolling" or similar activities);
v. promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
vi. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
vii. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
viii. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
ix. provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
x. provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
xi. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xiii. provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
xiv. disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
xv. solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
xvi. publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
xvii. APP that present excessively objectionable or crude content will be rejected or blocked.
xviii. APP containing pornographic material, defined by Webster's Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings", will be rejected.
xix. APP that contain user generated content that is frequently abusive/pornographic will be rejected.
xx. APP must comply with all legal requirements in any location where they are made available to users. It is the developer's obligation to understand and conform to all local laws.
xxi. APP that solicit, promote, or encourage criminal or clearly reckless behavior will be rejected.
The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the APP and terminating or suspending the account of such violators.
a) Your use of the APP, including all Content you post through the APP, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer APP or allow you to use the APP in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
b) You agree that any Content you place on the APP may be viewed by other users and may be viewed by any person visiting or participating in the APP.
5. Prohibited Activities
The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the APP or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the APP but involve users you meet through the APP. The following is a partial list of the type of actions that you may not engage in with respect to the APP. You will not:
a) impersonate any person or entity.
b) solicit money from any users.
c) post any Content that is prohibited by Section 8.
d) Harassing any person.
e) express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
f) use the APP in an illegal manner
g) access the APP in a jurisdiction in which it is illegal or unauthorized;
h) ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
i) use any bots, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the APP or its contents.
j) collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the APP.
k) interfere with or disrupt the APP or the servers or networks connected to the APP.
l) email or otherwise transmit any material that contains App viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer App or hardware or telecommunications equipment.
m) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the APP
n) "Copy" or "mirror" any part of the APP, without the Company's prior written authorization.
o) use meta tags or code or other devices containing any reference to the Company or the APP (or any trademark, trade name, APP mark, logo or slogan of the Company) to direct any person to any other App for any purpose.
p) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the APP any App used on or for the APP, or cause others to do so.
q) post, use, transmit or distribute, directly or indirectly in any manner or media any content or information obtained from the APP other than solely in connection with your use of the APP in accordance with this Agreement.
6. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the APP in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) a description of the copyrighted work that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on the APP
d) your address, telephone number and email address;
e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
g) Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at [email protected]
7. Report Concern
If you wish to report any violation of this Agreement by others, including Members, you may do so by using the "Report This Profile" button or similar button or link on the APP or by contacting us [email protected]
From time to time, Charm may offer additional products and services for purchase through the App Store ("in app purchases"). If you choose to make an in app purchase, you will be prompted to enter details for your account ("your IAP Account"), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In call cases, please refer to the terms of your application platform which apply to your in app purchases. Charm do not have any obligation to terminate your subscription or membership, but you can claim a refund or cancel the subscription through App Store at any time.
8. In App Purchases