These Terms of Services (the “Agreement”, “Terms”) is a binding contract between Plamfy LTD (79 Spyrou Kyprianou Ave, Protopapas Bldg, 2nd floor, office 201, 3076 Limassol, Republic of Cyprus, registration number: HE424172) (“we”, the “Company”) and you ("you", the “user”) as a user of the Plamfy websites, its applications and the widgets, mobile apps, and other services (collectively — the “Application”). The Terms describe the various aspects that affect the use of the Application. The Agreement sets up your relationship with the Company and sets out the general terms and conditions for communication between users of the Application (the “users”).
Once you use any part or element of the Application, you are deemed to have agreed with the Terms and bonded by the Agreement as of the Effective date. In case you do not agree with any condition of the Agreement, immediately close the Application and stop any use of it. Whether you have any questions regarding the Agreement after you have read it properly, contact us at [email protected].
IMPORTANT NOTICE ON TERRITORY RESTRICTIONS: None of citizens or residents of (a) Iran, Syria, North Korea, Sudan, Cuba, or Crimea Region, and (b) any territory and jurisdiction where it would be illegal in accordance with law applicable to you (by reason of your nationality, domicile, citizenship, residence or otherwise) (jointly, the “Restricted Jurisdictions”), may access, view, or otherwise use the Application. We do not wilfully provide any services, including but not limited to, access to the Application, related materials or any other portion of our Application as it is outlined herein to persons mentioned foregoing, as well as do not willfully accept payments from the Restricted Jurisdictions.
IMPORTANT NOTICE ON AMENDMENTS TO AGREEMENT: This Agreement and its integral parts may be modified by the Company in its sole discretion at any time. The Company shall provide notice of any such modification by posting the revised version of the Agreement on/in the Application. Please find out more details in Section 1.5 hereof.
1.1. Ownership and Initial License. All the proprietary rights to the Application belong to the Company. In accordance herewith, the Company (licensor) grants you (the licensee) the limited, revocable, non-transferable and non-sublicensable worldwide license (right) to use the functions of the Application as well as its software interface so that in the process of your communications there is an opportunity to share and reproduce within the Application data that you and other users have published in the Application. The Agreement is concluded for the entire duration of the Application use of the user.
1.2. No Right to Sublicense. In accordance herewith, you are not granted with the rights to sublicense any part, element, or portion of the Application. You are not entitled to transfer your rights hereunder to any third parties.
1.3. No Right to Alienate. You must not sell, sublicense, grant, gift, or otherwise alienate your rights hereunder in whole or in part, as well as purchase or otherwise receive any rights to, in, or within the Application in whole or in part from other users as a reward, payment, or another fee.
1.5. Amendments Hereto. We indicate at the top of this page when this Agreement was last updated. Any changes or modifications will be effective immediately upon posting the revisions on the Application, and your use of the Application after such posting will constitute acceptance by you of the revised Agreement. You should frequently review this Agreement and all its integral parts to understand the terms that apply to your use of the Application. If you do not agree to the amended terms, you must stop using the Application.
2.1. Non-Proper Data For Natural Persons Only. If you entered into the Agreement, you may act only as a natural person. You may and must not register an account within the Application when being a legal entity; thus, no legal entity may be a party to the Agreement.
2.2. Prohibited for Sex Offenders. By using the Application, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. If any such representations or warranties turn out to be false or misleading in any way, your access will be terminated immediately without refund of any unused or used funds in your account.
2.3. Requirements to User. You have the right to use the Application when you comply with the following terms at the same time: (a) you are fully mentally capable; (b) you are not under the influence of alcohol, drugs, or pills; (c) you are over 18 years old and have reached the age of majority established in a country of your residence; and (d) you access the Application from the territory other than the Restricted Jurisdictions. The Company is entitled to establish any ancillary requirements for users (location, age, etc.). The user must not use the Application before they reach full legal capacity, as well as they comply with other requirements.
2.4. Creation of Account. In order to use the Application, the user shall create a user profile in the Application according to its functionality. We reserves the right, at our sole discretion, decide where to approve the registration on a case-by-case basis. The user acknowledges circumstances and accepts the following registration rules:
2.5. Non-Proper Data. The provision of inaccurate/false information during the registration or use of the Application may affect the quality of use of the Application and be a reason for refusing you to register an account/blocking of the account. It is strictly prohibited to use photos of other people or any other objects as your Account Photo. Accordingly, such an Account Photo will be perceived as misleading and may be deleted by the Company.
2.6. Reaction on Violation. The Company in its sole discretion may (but is not obliged to) implement access-prevention mechanism and restrict access to the Application of underaged users and visitors from the Restricted Jurisdictions. The Company reserves the right to terminate any of the user’s accounts immediately upon our suspicion of the user to access the Application from the Restricted Jurisdictions or otherwise violate the Terms or its integral parts. The company is also entitled to reject your registration or terminate your account where, including but not limited to:
3.1. Application. The Application is a platform where the users can communicate. Such the communication is available through texting, interchange of video and audio messages, communion in video and text chats. The Company does not provide the users with any services or guarantees concerning the confidentiality, quality, and functionality of the Application, get involved as an intermediary into the users’ communication, nor moderate any content the user may share with other users in a private conversation, as long as they comport with the Terms and no user claim for another user’s actions or content.
3.2. Use of Application. It is forbidden to use the Application for anything not related to the communication, for instance, for accumulating information about the users, publishing advertisements or other commercial data, etc. When communicating, your behavior shall not be dangerous, illegal, abusive and shall comply with the Agreement. They contain a list of actions that are prohibited by the Company. By communicating through the Application, you agree to follow the Agreement.
3.3. Restrictions. It is prohibited to use the Application to offend, injure, defame, or insult another person whether they are the users or not. You agree to indemnify the Company for all expenses that will be incurred in the essence of a claim against the Company. Where the Company founds out the user co violate the Agreement, the Company has every reason to block the user temporarily or permanently or/and immediately terminate the Agreement. The Company solely sets out the term of the temporary blockage. You also consent:
3.4. Safety of Communication. Within the Application users may share their personal information with other users. The Company does not guarantee that it is safe for you to have direct contact with other users of the Application. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. If you believe that any user of the Application is bulling, harassing you, or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us so that we may take appropriate action to block further use of the Application by any user who is using the Application and information obtained from it for improper purposes. If another user appears before you naked or half-naked on camera, or sends you any type of nudity or any pornographic material, you shall:
3.5. Indemnity. The user hereby releases and agrees to defend, hold harmless, and indemnify the Company, and/or our subsidiaries, affiliates, directors, officers, employees, agents, successors, partners and assigns from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense and any other liability (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification), arising from or related to: (a) any act or omission of the user, including, without limitation any breach of the Agreement, including or allegation or claim of negligence, strict liability, willful misconduct or fraud of the user; or (b) the user-generated content.
4.1. User-Generated Content. Communication between the users within the Application is performed by video and text chatting. The users may upload texts, videos, and other allowed content to their accounts. All videos, broadcasts, texts, and other data that you upload to or stream on the Application we may refer as the “Content”, “user-generated content”, “Materials”, or “User’s Materials”. You must not to use the Application to make available in any way or otherwise provide access to the Content that:
4.2. Ownership to Content. We are not owners, rightsholder, moderators, or other type of operators of the Content, so we have no control over the Content and make no promises of high quality, accuracy, appropriateness, or legality of them. As to avoid any doubts, the Company makes no warranties, express or implied, as to the Content or its the accuracy and reliability. Nonetheless, the Company reserves the right to prevent the user from submitting the Content and to edit, restrict, or remove the user-generated content for any reason at any time. By creating and publishing the Content, including broadcasts, the user consents with the following:
4.3. Moderation of Content. We may but not obligated to filter, monitor, or moderate the User’s Materials since it is out of the Company’s responsibility. The Company assumes no responsibility whatsoever in connection with or arising from the Content. If at any time We choose, in our sole discretion, to monitor the Content, the Company nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting the Content. Further, the Company does not endorse and has no control over the Content submitted by the users. If that content is deemed illegal (this includes any Material that does not comply with actual Terms or any laws), the Company is entitled to provide all necessary information to relevant authorities. Other suspected criminal activity of the users may also be reported immediately to relevant authorities.
4.4. Private Communication. Please pay special attention to the fact that we do not moderate communication between our users in private chats. You understand that other users may exhibit specific types of offensive and indecent behavior. You shall stop to use the Application immediately if you think such behavior could lead to any mental or nervous disorders, disrespect for your religious understanding, or otherwise be inappropriate for you. If you decide to continue using of the Application, you agree to bear all possible risks and responsibilities associated with interacting with other users.
4.5. Back-Upping. We are entitled to automatically keep archived and backed-up copies of the Content and the app content for a certain time if this is necessary due to technical exclusions and peculiarities, which are due to the optimal functioning and operation of the Application.
4.6. Reporting of Violation of Copyright Or Other Intellectual Property Infringement. If you are a right holder and believe that your copyrighted content has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you may send Us a notice of claim of copyright infringement pursuant to The Digital Millennium Copyright Act of 1998 (DMCA), 17 USC §512(c). Your claim should include: a) a description - of the copyrighted content or other intellectual property that you claim has been infringed and where is it located; b) a statement - that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, that you are the owner or authorized to act on owner’s behalf, and that information in your notice is accurate; c) identification - your address, telephone number, email address and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. Please provide claims of copyright or other intellectual property infringement at [email protected] We will consider the information you provide and other information we may obtain, and we may, in our sole discretion, remove content that we determine may infringe on your rights, suspend, disable or terminate the accounts of users whom we believe may be infringing the intellectual property rights of others. In case if your content has been taken down by a Company under the above rules, you may file a counter-notification pursuant to DMCA Section 17 USC §512(g), which should meet the same requirements that are prescribed above and should be sent at [email protected].
4.7. App Content. All files that can be accessed via the Application, including design components, images, text, video, illustrations, music, software, the coins and presents, and other files and their assemblies, which constitute the user interface (jointly — the “app content”), are the objects of IP rights of the Company and are being distributed by us under license to improve your user experience. We are a sole proprietor of such intellectual property and intellectual property rights to the app content. The following terms shall apply:
4.8. Restrictions. Except cases outlined hereunder and under any other relevant laws, no app content shall be published, republished, distributed, downloaded, processed, transferred, sold, or downloaded, or otherwise used in part or in full without the permission of us. The reproduction, accumulation, copying, storage, systematization, as well as the transfer of the app content for making the database for commercial and/or non-commercial purposes and/or use of the app content in part or whole regardless of the method of use is not allowed without the Company’s consent. The Company prohibit any use of the Application and the app content for the purposes to create derivative works, compilation and decompilation constructions, parse on the parts or reconstruction of the Application.
4.9. Prohibited Activity toward Application. The user must not:
4.10. Special Terms for Licensed Content. Meanwhile, being a piece of code and images, coins, presents, and diamonds are the app content and intellectual property of the Company and are distributed by us under license in order to improve your user experience (the “Licensed Content”). The Company is the sole proprietor of such intellectual property and intellectual property rights to such intellectual property. By purchasing coins, the user acquires a limited, revocable, non-transferable and non-sublicensable worldwide license to access and use the coins as a part of the Service in order to interact with unique elements of the user interface, to communicate with other users in a more effective way. By collecting the very first point of diamonds, you acquire a limited, revocable, non-transferable and non-sublicensable worldwide license to access and use diamond icons as a part of the Application in order to show other users your rating points and be shown in the rating list. When your account is deleted (whether by you or by us), blocked or the Application is not used for a period of for more than 12 months, you will be deprived of the license. You have no right to request any reimbursement or refund for the period during which you do not use the Licensed Content.
4.11. Nature of Licensed Content. The Licensed Content has no cash equivalent, monetary or other value and it does not constitute currency or property of any type. The Licensed Content cannot and must not be sold or otherwise transferred to third parties, including other users or other users, cannot be used outside the Application and cannot be exchanged for cash, any goods or services or any other thing which has any value for any person. Neither the user nor other users have proprietary, ownership, or monetary interest to the Licensed Content, which remains the Company’s intellectual property. For the avoidance of doubts, the Licensed Content does not have an equivalent value in any real currency and does not act as a substitute for any real currency either. Neither the Company nor any other person or entity has any obligation to exchange the Licensed Content for anything of value, including, but not limited to, real currency. The Company reserves the right to modify the Licensed Content at its sole discretion. Such amendments may have an impact on the Licensed Content making it more or less common, desirable, effective, or functional. The Company is entitled to terminate or strike off a license and immediately restrict the Licensed Content to be used for any or no reason, in its sole discretion, and without advance notice and no arising liability.
4.12. Prohibited Actions with Licensed Content. Any other use of the Licensed Content is strictly prohibited. You must not purchase, sell, barter, or trade any of the Licensed Content, or offer to purchase, sell, or trade any of the Licensed Content (including for money or any other type of consideration or items of value whether inside or outside of the Application). The Company and users recognize that any such attempted transaction will be null and void. To avoid any doubts, you are prohibited to execute or solicit in: (a) exchange of Licensed Content for money, donation, or any other value; (b) request of money, donation, or any other value for the Licensed Content; (c) providing of or request of any items, including without limitation, merchandise, services, including, without limitation, commercial dating, favors, private conversation, etc. that any person can associate with any monetary value in exchange of the Licensed Content.
5.1. Additional Requirements. Being the user-generated content, broadcasts of the users shall comply with general terms and requirements outlined hereby. Still, some additional requirements and prohibitions are applied to them:
5.2. Company’s Responsibility. We are entitled to identify the User Content as inappropriate at its sole discretion and delete/block it or make it otherwise unavailable at any time. We use reasonable security measures to protect your broadcasts or their records against unauthorized copying and distribution. However, the Company does not guarantee that any unauthorized copying, use or distribution of your streams or their records by third parties will not take place.
5.3. Presents and Diamonds. Any presents that are gifted to you by another user in the Application (or received by you) are added to your account. Respectively, the relevant number of diamonds will be calculated to the broadcaster’s account according to number and type of received presents. Diamonds are honor points which show your overall contribution to the Application development. The Company may encourage users to communicate with other users by rewarding their efforts. When a user reaches a certain level of diamonds, a user may claim for a reward. Please note that:
5.4. Notice on Reward. The Company makes no representation or guarantee that the number or intangible value of any presents will correlate in any way to the value of the diamonds received by you, or to the reward you may receive from the Company. The amount of reward delivered to you for your efforts or otherwise, if any, is determined by the Company in its sole discretion. The user may claim for a reward via the relevant section of the application and only when they have enough points of diamonds. The Company may implement rules about frequency of the reward requests and maximum amount of the reward that may be paid. The Company may process a request within 7 business days following the date of request. The user may not place a request until all the previous request is completed. The Company is entitled to decline or pause a reward fulfillment to prevent suspected fraud activity. The Company is entitled to identify the fraud by using measures and criteria set up at its sole discretion. You may also lose your right for reward (whether accrued or to be accrued) if you violate any of the conditions of the Agreement, applicable law or if you delete your account. The Company is entitled to appoint a third party to process a reward payment. If such payment is received by you from a third party, the Company’s payment obligation hereunder shall be considered properly fulfilled. The users shall be responsible for and bear their own taxes, fees, costs, and expenses resulting from the negotiation, preparation, execution, and performance of any of the Company’s documents and the transactions contemplated hereby, including, without limitation, fees and disbursements of legal counsels, financial institutions, including banks, payment systems etc. The Company is not obliged to make a payment if the total amount to be paid to you due to rewarding mentioned above is less than $25 (or $50 in some cases provided by the Company), and may instead accrue such payment obligation until such time as its overall obligation to you equals or exceeds $25 (or $50, as outlined above). None of the provisions set forth above shall constitute:
5.5. Use of Agencies. If you choose to get diamonds and reward through agent and not directly, you will be able to register to the Application through any person or entity which is authorized by the Company to serve as an agent for users who broadcast (the “Broadcaster Agent”). It is clarified that we are under no obligation to authorize any person or entity as the Broadcaster Agent. In addition, it is clarified that the terms and conditions which shall apply on the relationship between the Company and any Broadcaster Agent shall inure for the benefit of the Company and such Broadcaster Agent and shall not create any right of users who broadcast, other than as explicitly set forth in this Agreement. Accordingly, upon your registration to the Application, you will be presented by your Broadcaster Agent a list of certain time-based and performance-based targets, the achievement of such targets may entitle you to receive from your Broadcaster Agent fixed reward in the amounts and upon the terms to be determined by your Broadcaster Agent (the “Broadcaster Targets Payments”). Once you register through your Broadcaster Agent, the following rules shall apply:
6.1. Coins, Presents, and Diamonds. The Application is generally free to download and use. Still, we may offer paid access to app content like coins, presents (covered by ‘Licensed Content’), broadcasts, etc. The coins and presents are digital elements of the user interface the user may interact with. You may use coins to send presents to other users. The diamonds are not objects offered for purchase. This means that you may not either buy or otherwise use diamonds due to their non-negotiable nature. The users may not obtain a refund for the Licensed Content owing to its online digital nature. The Licensed Content is fully consumed by you right after you purchase access to it and it is shown to you through the Application
6.2. Payment Method. The Company may, from time to time, offer various payment methods, including without limitation payment by credit/debit card, by certain mobile payment providers, etc. You authorize the Company to charge you for the paid features through any payment method(s) you select when purchasing the paid features (the “Payment Method”) and you agree to make payment using such Payment Method (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method, such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the “Payment Method Provider”). If we do not receive payment from 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 features reaffirms that we are authorized to charge your Payment Method.
6.3. Payment Processed via Stores.The Paid Service may also be purchased through your accounts with certain third parties, such as your App Store account or your Google Play account (“Third Party Account”). If you purchase any paid features through a Third Party Account, billing for these paid features will appear through your Third Party Account. You should review the Third Party Account’s terms and conditions, which we do not control.
6.4. No Refunds. All fees and charges are nonrefundable and there are no refunds or credits for any partially used paid features of the Application except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at our sole and absolute discretion. You can also find more relevant information on our refund approaches toward some types of the paid features within respective sections hereof. Fees for the paid features may be payable in advance, in arrears, per usage or as otherwise described when you purchase the paid features. All prices for the paid features are subject to change without notice (except as otherwise described herein).
7.1. Qualified Referral. The Company encourages all users to recommend the Application to other people (the “Referral Program”). To become the Qualified Referral, the person referred shall:
7.2. Referral Bonus. The user may be eligible to get bonus for each Qualified Referral under the Referral Program equaled to 10% of all diamonds collected by each Qualified Referral. The bonus applicable to your Qualified Referral will be displayed in the Application.
7.3. Terms of Referral Bonus Collection. By participating in the Referral Program, the user represents and warrants that (a) the user has a personal relationship with the person referred; (b) the user will comply with all applicable rules and regulations in the user’s participation in the Referral Program. The following is a non-exhaustive list of restrictive activities that will disqualify the user from earning bonuses through the Referral Program:
7.4. Refusal of Referrals. The Company reserves the right to review all referrals, Qualified Referrals and to deny, withhold or cancel any bonuses under the Referral Program that the Company finds, in its sole discretion, as fraudulent, unethical, suspicious, or otherwise inconsistent with Referral Program, the Agreement, or any other applicable rules or regulation.
8.1. General Principles. We provide you with access to the Application in accordance with the principles “as is” and “as available”. This means that we cannot guarantee (and we do not guarantee) that access to the Application will be uninterrupted, timely, and the Application will not contain errors. We cannot guarantee that the Application will function properly on all devices and under all special conditions. However, we will make every reasonable effort to ensure the proper functioning of the Application.
8.3. Limitation of Liability. To the extent permitted by law, in no case we and any other our related persons (employees, contractors, shareholders, agents, representatives, referrals, partners, advertising, promotional agencies and other agencies providing other services, any other representatives and legal advisers) are not responsible for any inaccuracies or omissions in information materials and any special, indirect and other damages, lost profits caused or in any way related to the use or inability to use the Application or the information materials, any harm, damage, demands, and other actions that may occur at any stage of using the Application, in particular:
8.4. No Responsibility. We are not also responsible, including, but not limited to, for following cases:
8.5. Indemnity. You agree to protect, indemnify and ensure the safety as well as hold harmless us and our referrals against any claims, lawsuits or statements, including the payment to legal advisers, if this arises from your use of the Website (platform), your violation or non-compliance with the terms of this Agreement, Terms, violation of third-party rights and any other your actions or inaction.
8.6. We and any other related persons (employees, contractors, shareholders, agents, representatives, referrals, partners, advertising, promotional agencies, and other agencies providing other services, any other representatives, and legal advisers) are not responsible for any unethical, unauthorized, illegal, or unlawful use of the Application. You take full responsibility for any disciplinary and legal consequences arising from the illegal, unethical and/or infringing use of the Application.
9.1. Notifications. From time to time, we will send you notices that are related to the functionality of the Application and its fresh capabilities. It is your responsibility to monitor help chats and email from time to time to avoid losing any serious data provided by us.
9.2. Termination by Company. The Agreement and all its integral parts are valid until you or we terminate our cooperation. Despite any herein, we reserve the right, without any notice and at our sole discretion, to terminate the Agreement, suspend or terminate your right to access the Application, or suspend/terminate your account (block or freeze). The Agreement may also be terminated by us if you violate any terms hereof.
9.3. Termination by User. You may terminate the Agreement by notifying us 10 calendar days prior to the planned termination date via email at [email protected] or by deleting your account using the Application.
9.4. Results of Termination. Once the Terms are terminated, your access to the Application is limited and your account will be deactivated. If, after termination, you continue to use the Application as a user or initiate a re-registration, it will mean that you have agreed to the terms hereof again and a contractual relationship has arisen. Where stipulated by the Agreement, you may be prohibited from using the Application.
10.2. Version of Agreement. This version of the Agreement supersedes any other agreements between you and us regarding the subject matter of the Agreement, as well as all previous versions of the Agreement. If any provision hereof (paragraph or provision of such a paragraph) is invalidated, this does not affect other provisions of the Agreement and must be changed, edited or interpreted in such a way as to contain more actual and relevant meaning for the purposes of the Agreement.
10.3. Statuses of Parties. Nothing in this Agreement is intended to establish any form of partnership, recruitment, or joint venture between you and us. You and we are not agents, neither you nor we can enter into contracts or any other documents/transactions on behalf of each other or as representatives of each other. Nothing in this Agreement creates obligations for third parties. No third party is bound by this Agreement.
10.4. Headings. The headings in this Agreement are intended to make this Agreement easier to understand. The headings do not affect the content and meaning of the provisions placed under the specific headings. Headings are not to be used to interpret the terms of this Agreement.
10.5. Electronic Agreement. This Agreement is an electronic agreement. The electronic form hereof has the same legal effect as if it were signed using a physical signature.
10.6. Applicable Law and Dispute Resolution. This Agreement and your use of the Website (Platform) are governed by the laws of the Republic of Cyprus (“Cyprus”), excluding its conflict of laws rules. Your use of the Application may also be governed by other local, state, national or international laws. For any matter related to the interpretation or execution of this Agreement, the parties expressly refuse to submit to any courts that may have jurisdiction over the subject matter and agree to submit to the exclusive competence and jurisdiction of the courts of the City of Nicosia, Cyprus. You hereby unconditionally accept personal jurisdiction in such courts and waive any other protection our failure to comply with any term of this Agreement does not constitute a waiver of your right to enforce that or any other term of this Agreement.