Article 1. Definitions
In these terms and conditions, the following terms are used with the
following meaning, to the extent of the nature or scope of the present
stipulations not otherwise.
- ChemistryCupid: the user of these general terms of use and conditions, established in
Breda
(Netherlands), registered in the Trade Register under Chamber of Commerce number
70933030.
- User: any person, not acting in the exercising a profession or
business, which has closed an agreement with
ChemistryCupid or is planning to close an agreement.
- Parties: the parties to the agreement:
ChemistryCupid and the user.
- Agreement: any between ChemistryCupid and the
user concluded agreement, which may concern:
- the agreement to use the web space that is created by registration by
the user on the website;
- the agreement to purchase credits so the user can enable certain
functionalities of the website.
Under agreement is also included any case understood the whole of
legally valid on the legal relationship between the user and
ChemistryCupid
applicable provision or statement, including the stipulated in these
general terms of use and conditions.
- Website: the website of ChemistryCupid where
the user concludes the agreements and on which, when registering the
user, the present general terms of use and conditions are provided to
him.
- Web space: for the user through his username and password
exclusive accessible part of the website.
- Content: all data, including photos and text messages, which are
sent by the user through the web space uploaded, disclosed and / or
distributed.
Article 2. General provisions
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These general terms of use and conditions apply to any offer of
ChemistryCupid addressed to the user, and each
concluded agreement.
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The text of these terms and conditions is provided before registration
on the website is completed by the user, in such a way to him made
available that it can be made available by him in a simple manner stored
on a durable data carrier.
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If ChemistryCupid does not always desires strict
compliance with these terms and conditions does not mean that these
conditions do not apply or that ChemistryCupid will
lose the right to order in future cases to require strict compliance
with these terms and conditions.
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Annulment or invalidity of one or more of these provisions does not
affect the validity of the other provisions. In an occurring the parties
are obliged to enter into mutual consultation in order to to make a
replacement arrangement with regard to the affected clause. The purpose
and scope of the original provision.
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The provisions of these general terms of use and conditions which by
their nature or scope are intended to also apply after termination of
agreements remain in full force even after their termination.
Article 3. Chatpals and Hosts
The user should take into account that
ChemistryCupid contains both real member profiles and
fictitious member profiles (called ChatPals) on the website and that
ChemistryCupid can deploy Hosts.
The Hosts can have fictional conversations, role play or have other
fictional communication with the user and other users of the website.
Hosts are deployed with the aim of stimulating interactions within the
website and having conversations with users. Hosts are also intended to
monitor user activities, communications and content in order to ensure
that these conditions are adhered to. The user agrees that all content
originating from such Hosts, information, texts and images are fictional
and are only intended as entertainment. All Hosts are fictitious. Any
resemblance to real persons, living or dead is pure coincidence. In
contrast to real member profiles, no arrangements can be made with
fictitious profiles and Hosts. You can identify the ChatPals by the logo
in the right hand corner of the profile picture in the profile.
Article 4. Offer and registration
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The user cannot derive any rights from any offer from
ChemistryCupid
that contains an obvious error or mistake.
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Registration by the user is required for the establishment of agreements
required on the website. The website may contain explicit erotic content
contain. Registration is only possible for persons who have reached the
age of 18 years. By registering general terms of use declares he is of
legal age. The user guarantees that he has reached the adult age
applicable in his jurisdiction.
ChemistryCupid does not accept liability for the
unlawful use of the website by minors.
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The user is not allowed to register in the name of another person. The
user indemnifies
ChemistryCupid from all third party claims in
connection with the statement that the user is in violation of the
provisions in the previous sentence acted.
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The agreement to use the web space is concluded on the moment when the
user's registration by email is through and the user has been confirmed
verified his account. After the conclusion of that agreement the user
can use his specified username and password to login the website to
access the web space profile to compile and change his personal profile
and will be able to use functionalities of the website.
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The user guarantees that all information provided by him upon
registration is correct, accurate, up-to-date and complete. Furthermore
the user declares that all data that he has at any other time provided
to
ChemistryCupid, is also correct, accurate, current and
complete.
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The creation of multiple profiles by the same user is not allowed.
ChemistryCupid
only allowes one profile and per IP address and e-mail adress to claimed
free credits.
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ChemistryCupid has the right delete the user on a
particular username for any reason.
Article 5. Usage Rules and Restrictions
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The use of the website by the user is entirely on its own risk. The user
should be aware of that
ChemistryCupid contains fictional member characters
(ChatPals). The user should also be aware that when he is involved in
communicating via the internet with people who are unknown to the user,
that these people are not necessarily who they say they are and that
these people are misleading, be deceptive or behave unlawfully. The user
himself is responsible for the interactions he may or may not have
through the website with other Users and Hosts. The users interactions
with other users or Hosts are to be handled with caution and use his
common sense. ChemistryCupid is not liable and
responsible for the acts and omissions of other users on the website.
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The user is prohibited from unlawful, violent, infringing, hateful or
discriminatory content via the website upload, distribute and / or
disclose.
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The user is, except expressly requested by
ChemistryCupid through the web space, not allowed to
directly or indirectly share personal data, such as telephone numbers,
(e-mail) addresses, URLs or other personal data on his profile so that
this is visible to fellow users on the website.
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The user is not allowed to access the website in any way for unlawful
acts, to commit criminal offenses and / or for acts contrary to general
applicable standards and values. This is meant non-exhaustive,
understood: committing infringement of intellectual property rights of
third parties (including, but not limited to: copyrights, trademark
rights, rights under European Directive 96/9 on the legal protection of
databases, patent rights and design rights, theft, the unlawful and / or
criminal distribution of secret or confidential information, unlawful or
criminal distribution of texts and / or image and sound material,
including racist expressions, (child) pornography, criminal data
traffic.
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The user is liable for all activities from his account on the website.
The user is bound to keep the credentials for accessing his account
secret. All actions performed on the user's account attributed to the
registered user. Only the user is responsible for his behavior as well
as for any content he transmits uploads, distributes and / or discloses
the website.
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The user is not allowed to track down login credentials from other
users, use them or collect them of the website.
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The user is strictly prohibited from using interchangeable messages to
slander, threaten, bully, berating, harassing, stalking or intimidating
other users.
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The user is not allowed to use the website for illegal or otherwise
unauthorized purposes. The user refrains from posting offensive content
that is spam, misleading, defamatory, obscene, threatening, political,
intimidating, violent, pornographic, racist or (otherwise) is prohibited
by law, including youth photos (photos of persons who are minors in the
relevant jurisdiction), group photos, photos featuring children, photos
of others people than the user himself who are recognizable in the
image, as well as photos of animals.
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The user is prohibited from uploading content through the website
contains incorrect or misleading information. Furthermore, it is
strictly prohibited for the user to cause deliberate malfunctions or
malfunctions cause to the website or servers of
ChemistryCupid
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The user is not allowed to access the website or the messaging system of
ChemistryCupid for the use of promoting services or
products of third parties, with or without a commercial purpose. The
user is also prohibited from which way, to refer to other web pages.
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The user is prohibited from invading the privacy of co-users.
Furthermore, the user is not allowed to provide personal data of
co-users to third parties.
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The user is not allowed to access the website, the servers or networks
of ChemistryCupid for exploitation use, obstruct or
disrupt the website and service, for example by worms, viruses, spyware,
malware or others sending destructive or disruptive codes.
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The user is solely responsible for his communications with other users
of the website, both online and offline. The user indemnifies
ChemistryCupid from any claims in in connection with
the behavior of any co-user of the website.
ChemistryCupid is entitled but not obliged to monitor
disputes between users and / or to play a conciliatory or corrective
role in it. The user is bound by his communication with fellow users of
the website use common sense. This also applies to uploading,
distributing and disclosing content, personal information and all other
data.
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ChemistryCupid is not responsible for the content
uploaded, disclosed through the website and distributed, not even with
regard to the content of fellow users. The user uses the website
entirely at his own risk.
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ChemistryCupid is always entitled, but not obligated,
to disclose any content that it believes infringes to remove, edit, or
delete certain content in these terms and conditions blocking and / or
monitoring. Of illegal and / or on the rights of fellow users or other
third party infringing content and other as To qualify abuse behavior,
users can file a complaint at ChemistryCupid If
ChemistryCupid considers a complaint justified, is it,
without prejudice to the other provisions of these general terms of use
and conditions, entitled to remove the relevant content in whole or in
part without ChemistryCupid in any way is liable to
the relevant user as a result of a such removal.
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The user always guarantees that he is the owner of the content placed or
distributed by him on the website, then however, that he is otherwise
entitled to publish this content on the website place. The user is not
allowed to take pictures of other persons on his profile. The user
guarantees that the publishing and using the content via the website
does not infringe to the rights of third parties, such as with regard to
privacy rights, copyrights, trademarks and / or other intellectual
property rights.
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The user is not allowed to make negative statements about it
ChemistryCupid to disclose on forums or for example
review sites, without these statements containing valid evidence.
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ChemistryCupid is not responsible for profiles from
users who contain content that violates the law.
ChemistryCupid does not have resources to permanently
monitor the content of users' profiles. With suspicion of a user's
violation of the law users requested ChemistryCupid to
be notified immediately. Then ChemistryCupid will all
be inside its possibilities make existing efforts to repeat this and, if
necessary, the relevant expressions of the website.
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The user is not allowed to create a fictitious account. Such accounts
will pass through
ChemistryCupid and will be deleted immediately.
ChemistryCupid reserves the right to self create
profiles on the website and post messages on behalf of these accounts
send to the user. The user understands and accepts that some profiles on
the website are fictitious and these have only been created to exchange
messages and flirts with. Physical arrangements with these fictitious
profiles are not possible.
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Escort/sex for money is excluded and banned on
ChemistryCupid.
Article 6. Refusal, blocking and deletion of profiles
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ChemistryCupid is entitled to change without notice
reasons to refuse, block and / or remove a profile from the website .
ChemistryCupid refuses, blocks, and / or removes, but
without being obliged to do so, a profile, if:
- the user acts in violation of these general terms of use and
conditions;
- the profile violates the law;
- the profile has a child pornographic or animal-erotic character or
refers to a location with such content;
- the profile has a violent character or refers to one location with
such content;
- the profile discriminates on the basis of race, sexual orientation,
gender, political affiliation, religion or belief;
- the profile contains malware and / or viruses or links to websites and
/ or digital sources of malware and / or viruses;
- the profile encourages, promotes illegal activities or the profile in
terms of ethics, layout, style or design is not included in the website.
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No refund will be given if a profile is blocked or deleted of purchased
credits. The fact that the profile of the user is blocked or removed
within the meaning of this Article, is attributable to the user. For
non-refundable purchased credits can
ChemistryCupid therefore cannot be held liable.
Article 7. Termination and deregistration
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The user can delete his profile in the prescribed manner. In case the
users delets his own account the credits he already obtained are never
eligible for a refund.
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An infringement by the user of the provisions of these general terms of
use conditions or an applicable statutory regulation, can go to
exclusive assessment of ChemistryCupid and in addition
to the provisions of Article 5, will result in blocking of the user's
account.
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ChemistryCupid is entitled to change the website to
whatever for any reason and without prior notice and at any time also
adjust or terminate the operation thereof, without opposing the user to
be liable in any way. In case ChemistryCupid ends
matches due to a circumstance that cannot be attributed to the user and
still credit is available to the user on the web space, the user at most
claim a refund of already paid by him before those credits paid. Refund
is in all cases, however no longer possible in case the user has been
used for a period of at least at least six months until the day on which
he is entitled to a refund has not logged into his account.
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In case of deregistration or termination as in the previous paragraphs
intended, all of the user's content will no longer be accessible.
ChemistryCupid rests after termination of agreements
do not have any obligation to retain. In case of deregistration or
termination, all licenses and others accrue to the user under rights
granted to these general terms of use and conditions with immediate
effect cancelled.
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In case of deregistration or termination as in the previous paragraphs
intended, all of the user's content will no longer be accessible.
ChemistryCupid rests after termination of agreements
do not have any obligation to retain. In case of deregistration or
termination, all licenses and others accrue to the user under rights
granted to these general terms of use and conditions with immediate
effect cancelled.
Article 8. Credits, payments and right of withdrawal
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Credits are required to exchange messages with fellow users.
Furthermore, credits are needed to send fellow users so-called flirts.
Credits can be purchased through the website through various payment
methods. Subject to the provisions of the other of these general terms
of use and conditions and in particular Article 3.6, (1 text message
equals
10 credits).
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Before entering into a credit purchase transaction,
ChemistryCupid will state the applicable price
including VAT and any additional costs. The current prices of credits
are additionally listed on the page on the website
Pricing .
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In principle, the user has the legal right to cancel the transaction
concerning credits without giving reasons to up to 14 days after
entering into that transaction. As far as one purchased credit package
is wholly or partially within the intended reflection period redeemed,
the right of dissolution expires.
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The user is only entitled to a refund of his purchased and unexpired
credit packages for the duration of the reflection period of 14 days
after the conclusion of the transaction.
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The user can use the right of withdrawal as referred to in the previous
two statement by using the by
ChemistryCupid offered model form for revocation
request to ChemistryCupid serve. Once
ChemistryCupid has been notified of the user's
intention to cancel the transaction will
ChemistryCupid
the dissolution as soon as possible by e-mail to the user confirm. The
price will be refunded within 14 days after termination of the
transaction, using the same payment method as with which the user
purchased the credits.
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ChemistryCupid is always entitled to change the prices
of credits without notice. Price changes however, have no influence on
already concluded transactions.
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Payments made by the user are without prejudice to the provisions in
paragraphs 3, 4 and 5, as well as Article 6.3 never for a refund
eligibility and (free) credits cannot be exchanged for money.
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In the unlikely event that credits are not credited to the account of
the user, while a payment has been made, makes that the user is of
course entitled to a proper crediting of the credits. In that case, the
user should contact the
Customer Service
page of ChemistryCupid.
Article 9. Liability and Indemnity
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Except for intent or willful recklessness
ChemistryCupid, is excluded of any liability for
damages incurred in connection with it use of the website. In particular
ChemistryCupid is not liable accordingly which is
specifically stipulated in the following paragraphs of this article and
the other of these general terms of use and conditions.
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Users determine which content is uploaded to the website, revealed and
disseminated. ChemistryCupid is not is obliged to
ascertain whether the users or third parties content disclosed through
the website unlawful, incorrect, incomplete or misleading. The user
cannot assume that ChemistryCupid approves or
recommends all content. ChemistryCupid does not accept
any liability for the data uploaded using the website, disseminated and
disclosed content. The user indemnifies
ChemistryCupid
of all his claims based on the statement that the means the website
uploaded and / or disclosed content unlawful, incorrect, incomplete or
misleading.
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For not realizing dates by the user,
ChemistryCupid carries no liability whatsoever.
Furthermore ChemistryCupid bears no liability for the
circumstance that the use of the website is not or not entirely linked
to the user expectations has expired. The user uses the website at your
own risk and bears any adverse consequences use of the website may
result, such as regarding personal relationships with partners,
employers, etc., but also some concerns financial damage and all other
cases of consequential damage. Any liability of
ChemistryCupid is relevant excluded.
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ChemistryCupid is at all times entitled to the website
to be adjusted on subordinate points and is not liable for damage
resulting therefrom for the user, except insofar as the user is
disproportionately disadvantaged in this respect with regard to paid
functionalities of the website, in which case the user can at most claim
a refund of the amount paid by him payments made.
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ChemistryCupid is not liable for damages due to
unauthorized use of login details on the website.
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ChemistryCupid makes every effort to ensure proper
operation and optimize the accessibility of the website. However,
ChemistryCupid does not guarantee that the features on
the website are unlimited availability and that all amenities on the
website function smoothly. All liability of
ChemistryCupid is out of the question.
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ChemistryCupid is at all times authorized to access
the website or to take parts thereof out of use or have them taken out
of service if this is to her judgment is desirable with regard to
maintenance, upgrades, remediation malfunctions, adaptation or
improvement of the website or servers of
ChemistryCupid or third party. All liability of
ChemistryCupid due to inaccessibility or reduced
accessibility or usability of the website or parts thereof is excluded.
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ChemistryCupid is not responsible for this programming
errors of the website. Furthermore ChemistryCupid,
except intentionally and deliberately recklessness on its part, not
liable for viruses or other malicious components that pass through the
website or servers of ChemistryCupid or third-party
harm to the hardware or software of the user.
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If the website contains references, for example by means of hyperlinks
to the websites of third parties
ChemistryCupid is never liable for the content of
these websites.
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ChemistryCupid makes every reasonable effort website
and the other systems of ChemistryCupid too protect
against any form of unauthorized use by third parties.
ChemistryCupid is never liable for this violation of
the user's (intellectual property) rights third parties, as well as for
damage resulting from loss or damage to content or sending content due
to insufficient security.
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The user is liable towards
ChemistryCupid for any damage caused as a result of an
infringement of the provisions of this general terms of use and
conditions, it through the systems of
ChemistryCupid spreading viruses, worms et cetera, as
well as for damage resulting from other actions that the affect the
proper functioning of the website or parts thereof. The user is
furthermore liable for all costs incurred
ChemistryCupid because of such circumstance, for
example because he is in or must defend or have counseled out of court.
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If and insofar as the user violates the provisions of this general terms
of use and conditions or any statutory provision, indemnifies the user
ChemistryCupid from all of this resulting damages and
claims from third parties.
Article 10. Intellectual property
All database, copyrights and other intellectual property rights ownership
of the software offered, the domain name of
ChemistryCupid, the website and parts of it, including
the name “ChemistryCupid”, the design, operation, images
and sounds of the website belong to ChemistryCupid, in
so far as these rights are not with the user or third parties. The user is
prohibited from using the material which has the rights of
ChemistryCupid or her licensor, to reproduce, modify, in
any way reproduce, provide to third parties, distribute, exploit or to
make derivative works thereof other than necessarily related stands with
the use of the website.
Article 11. Complaints
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In case of user complaints about
ChemistryCupid, the user can submit these via the
Customer Service
page or via e-mail:
support@chemistrycupid.com.
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ChemistryCupid strives to resolve complaints within
two working days after receipt to answer substantively. If a complaint
requests a longer processing time will be completed within two working
days with a confirmation of receipt and an indication of when the user
can expect a more detailed answer.
Article 12. Newsletters, offers, etc.
ChemistryCupid is entitled to the e-mail address of the
user to use to keep the user informed of offers, new services from
ChemistryCupid or new developments with regard to the
services provided by ChemistryCupid. If the user does
not want to receive such messages any longer, he can rely on the messages
mentioned in these messages the prescribed manner for receipt thereof.
Article 13. Final provisions
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ChemistryCupid is at all times authorized to edit the
contents of to amend these general terms of use and conditions. The
modified general conditions also apply to already established agreements
subject to a term of thirty days after publication thereof.
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Before appealing to the courts, the parties are obliged to make every
effort to resolve the dispute by mutual agreement settle.
Latest version date: 17 February 2021