Terms of use
The terms of this agreement (the “Agreement”) shall govern the relationship between I/you (as Guest and/or Member) and Sirius Media B.V., a Netherlands law-governed private limited liability company with a registered address at De Boeleaan 7, 1083 HJ, Amsterdam, Netherlands, registered with the Dutch Chamber of Commerce under number +31(0)207051300 (“Website Operator”), regarding the use of services on the “www.kinkyerotixxx.nl” website. In this Agreement, “www.kinkyerotixxx.nl” refers either to the Website Operator or the the www.kinkyerotixxx.nl website as operated by the Website Operator subject to the applicable context.
Definitions
Member/Customer/Subscriber – The visitor who signs up to the services of the site or uses the Dial-In Anonymously option.
Guest – The visitor who enters on and/or visits the www.kinkyerotixxx.nl website without registering to the services of the site or uses the Dial-In Anonymously option.
Adult Service Provider (ASP)/ Performer/Model – A physical person older than 18 (or 21), depending on the jurisdiction, who provides shows, chats or interacts with Members and Guests of the site.
Credit Balance – At www.kinkyerotixxx.nl, Members have the opportunity of obtaining Credits to pay for premium services, by purchasing packages. Payments are securely processed by our payment processors, and the purchased Credits consequently appear on the Member’s account as a balance.
Dial-In Anonymously – Accessing the paid services of www.kinkyerotixxx.nl via a dial in option. No registration is required. A dial-in customer might be excluded from certain Member promotions due to its anonymity.
Group Chat – An uninhibited option to interact with Adult Service Providers in a form of writing on-screen text messages. Multiple Members can interact at the same time with the ASP and see each other’s messages.
Private Chat – In a Private Chat, Members are permitted to write/ chat with ASPs, in exclusion from the other users. The ASP can have multiple private chats at the same time.
1-ON-1 VIP – In a VIP Session, Members are permitted to write or even talk (voice communication) with ASPs face-to-face, in exclusion from other Members. The ASP has a dedicated session without other chats.
User(s) – Any person entering or visiting the www.kinkyerotixxx.nl website, including but not limited to Members, Customers, Subscribers, Guests and ASP’s.
1. By entering and/or registering on the website you give your consent to and accept the following:
www.kinkyerotixxx.nl is an online adult interactive website (including nude and non-nude erotic and sexual content). Therefore, its access by minors is prohibited. The access to www.kinkyerotixxx.nl is not recommended to persons who might be sensitive to adult entertainment content, any eventual access of www.kinkyerotixxx.nl by such persons will be their sole responsibility.
The adult entertainment provided on the website is rendered by female and male individuals over the age of 18 spread worldwide, who are commonly designated as Adult Service Providers (ASP).
The Adult Service Providers (ASP) chat and carry out live webcam shows, in front of their camera, for subscribers all over the world, who have selected them according to live streams, images, offline (teaser) and paying videos.
2. Services and warranties
www.kinkyerotixxx.nl is constantly adding new services in order to accommodate its subscribers' requirements.
Prior to selecting the services intended, it is important to consult the content, price list and means of payment (credit cards, debit cards, iDeal, etc.) established for such services for your country. This information is available on the website.
The publication of different content on the website does not mean that www.kinkyerotixxx.nl supports the author or takes the responsibility for such content.
www.kinkyerotixxx.nl makes, to the extent permitted by law, no warranties or representations as to the information, services or products provided through or in connection with the service. Subscribers' and/or Guest's use of the service is at their own risk.
www.kinkyerotixxx.nl seeks, at all times, to provide each subscriber with the best contents and services available. However, it cannot give warranty of merchantability, fitness for any purpose, or non-results of the use of the content in terms of their correctness, accuracy, timeliness, and reliability or otherwise.
Neither www.kinkyerotixxx.nl nor any party involved in creating, producing, or delivering the service or content is liable for any direct, incidental, consequential, indirect, or punitive damages arising from the access to, use of, or interpretation of, the services, products or information provided by or through www.kinkyerotixxx.nl, without prejudice to the terms established below in the present Agreement.
3. Principles
www.kinkyerotixxx.nl has no intention to support immoral interests; therefore, strict rules have been set forth.
www.kinkyerotixxx.nl services are intended for persons over the age of 18.
Persons under the age of 18 (21 in some regions) are also not allowed to be Adult Service Providers (ASP). Consequently, all Adult Service Providers (ASP) were 18 years of age or older (21 in some regions) during the time of photography, as per proof of age held by the custodian of records. Under no circumstances does www.kinkyerotixxx.nl present Adult Service Providers (ASP) as children.
All Adult Service Providers (ASP) must fulfill three major requirements:
- signing of an agreement declaring, namely, the genuineness of personal data and age provided;
- providing of a scanned copy of his/her photo ID;
- providing of a photo taken of the Adult Service Provider (ASP), holding his/her photo ID next to his/her face.
The accounts of the Adult Service Providers (ASP) are immediately and permanently suspended if they violate www.kinkyerotixxx.nl principles.
At www.kinkyerotixxx.nl there is a zero tolerance policy related to child pornography (written or visual). In case of the slightest suspicion, the account in question is immediately and permanently closed and the appropriate authorities may be contacted.
www.kinkyerotixxx.nl reserves the right to apply immediate and permanent suspension in case a screen name is offensive, refers to minors or upon the slightest suspicion of forgery.
4. Subscribers
In order to subscribe at www.kinkyerotixxx.nl it is mandatory to be at least 18 years old, in compliance with the local regulations applicable to the subscriber.
By registering on www.kinkyerotixxx.nl and by accepting this Agreement, the Subscriber hereby expressly consents to the supply of services from this website during the withdrawal period and the Subscriber expressly acknowledges that he/she is expressly losing his/her right to any withdrawal/cancellation right as regards the supply of said services. The above express consent is acquired in accordance with the Directive on Consumer Rights (2011/83/EC) as of 25 October 2011, transposed in The Netherlands by the Law of 12 March 2014.
By registering on www.kinkyerotixxx.nl and by accepting this Agreement, subscribers agree to indemnify, pay the costs of defense and hold harmless www.kinkyerotixxx.nl, its officers, directors, affiliates, attorneys, shareholders, managers, members, agents and employees from any and all claims, losses, liabilities or expenses (including reasonable attorneys' fees) brought by third parties arising out of or related to their conduct, statements or actions, as well as breach of any term, condition or promise contained herein and unlawful conduct in the framework of this agreement.
In case of Subscriber's unlawful conduct or breach of the present Agreement, www.kinkyerotixxx.nl may terminate, without notice, subscriber's account and/or anything associated with it. www.kinkyerotixxx.nl shall not be held responsible for any possible loss as a result of such termination nor for any credit compensation or refund. www.kinkyerotixxx.nl shall be entitled to suspend relevant Member(s)’ account(s) and Members from the use of the Website and/or terminate unilaterally Member(s)’ account(s) with immediate effect, if www.kinkyerotixxx.nl believes that a Member does not or did not meet the requirement(s) stated in these Terms and Conditions. In case of termination of the present Agreement caused by a breach, unlawful misconduct or suspicion that a Member did not meet the requirement(s) stated in these Terms and Conditions, www.kinkyerotixxx.nl shall be further entitled to discretionarily ban any related credit cards and/or payment means (without time limit) associated with such account(s) that it is/are to be terminated when circumstances do justify such measures.
The present agreement shall be effective as from the date when the Guest enters www.kinkyerotixxx.nl and/or the Subscriber registers on www.kinkyerotixxx.nl and accepts this agreement and shall remain in force until duly terminated by either party in full compliance with the terms and conditions expressly set forth in this Agreement.
5. Fees, Credit Compensation, Refund and Unlawful Conduct
The subscribers may purchase credit packages to spend in the available areas of Adult Entertainment; therefore, the selection of services must be preceded of the consultation by the Subscriber of the correspondent content, price list and means of payment made available on the website.
Purchased credits are used on a per-minute basis by a Subscriber in chats with ASPs.
Purchase credits can also be used for tips, toy tips and messaging.
For billing information and support, please liaise using relevant contact details that pertain to the Website Operator that you are registered with, such details as further indicated under 11 Contacts below.
For banking expenses information, each subscriber should consult directly his/her bank.
www.kinkyerotixxx.nl will not take responsibility for any difficulty occurring outside www.kinkyerotixxx.nl.
Any complaint must be placed, within 24 hours counted from the occurrence, at www.kinkyerotixxx.nl - Customer Service. Given the complexity and particularities of the procedure to determine the righteousness of the complaints placed after the referred 24 hour period, these shall only be acknowledged in cases of force majeure.
www.kinkyerotixxx.nl - Customer Service team may, whenever deemed necessary, carefully investigate reports and other data at its disposal, resorting to any existing means for such effect.
In accordance with the Subscriber’s express waiver of withdrawal/cancellation right pursuant to clause 4.2 to the present Agreement, no refund or cancellation request will be accepted in the case the Subscriber has begun to consume the credit package purchased. Some refunds are however possible subject to the conditions set forth in the following clauses.
Due to the payment system applied by the Website Operator and third-party payment processors and provided that cash refund conditions are met, cash refunds shall only apply for the same amount as that originally paid upon a certain credits package purchase provided that the related credits balance has not been used or spent, even partially. As a result, no partial cash refund of credit packages bought is ever possible. This therefore means that whenever a credits package balance is partially used (including credit rewards), a refund may only take place in the form of credits (and not cash) up to existing prior credits balance, subject to eligibility conditions. Eligible cash refunds, will be processed using the same payment method applied to the credits package originally purchased and for which the refund is requested. As a result of a cash refund, the corresponding amount of credits will then be deducted from your account's balance. You shall remain aware that certain payment methods do not allow any refund due to underlying technical restrictions pertaining to their use.
Amounts spent on related services, such as Tip, Messenger, offline/private messages, and/or Video/Voice Calls, are not subject to refund/compensation.
Notwithstanding the above, www.kinkyerotixxx.nl will not be liable for any defamatory, offensive or illegal conduct of any Guest/Subscriber, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by the Subscriber to www.kinkyerotixxx.nl.
Under no circumstances, including, but not limited to, negligence, shall www.kinkyerotixxx.nl or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the service, without prejudice of the established in the present clause.
The website and all of its features must be used at all times in line with their purpose and intended use. Any dishonest behavior, action, maneuvers of any kind, inclusive of attempt(s), with special regard to the circumvention of applicable rules (whether written or implied) may lead to the immediate suspension or termination of the Member’s account. Please note that the Website Operator is entitled to act accordingly on the basis of conclusions drawn from circumstantial or factual information brought to its attention either through website monitoring or by any other means within the scope of legality. Cases of dishonest or fraudulent behaviors related to online transactions are deemed a high priority. Such cases may be outsourced to dedicated and reputable service providers, within the framework of the applicable data privacy regulation.
The subscriber accepts that in case of any fraudulent transaction www.kinkyerotixxx.nl has a right to use all available information at its disposal during any kind of legal procedure. Including, without the claim of completeness, browser history, IP and email addresses and any other traceable activity. During such legal procedures www.kinkyerotixxx.nl might involve other, professional investigator parties and share certain information in order to comply with law requirements, vindicate its rights and represent the best interests of its Customers. The Subscriber will stay liable for investigation or collection costs related to any fraudulent transaction.
www.kinkyerotixxx.nl grants full cooperation to legal authorities investigating fraudulent transactions and other matters falling under legal jurisdiction and responds to subpoenas and court orders. For this reason subscribers may only use their own payment methods on our websites.
Please take into consideration that www.kinkyerotixxx.nl reserves the right to round payments to be paid as a compensation/refund, and therefore, www.kinkyerotixxx.nl shall be entitled to apply rounding.
Please note if being a new user is a condition for receiving any rewards then a new account registration on www.kinkyerotixxx.nl is not considered to be a new user. Bonus/Free credits are only available for one time for new purchases of first time users on only one of the websites operated by the Website Operator. Credits or other rewards are not available with phone purchases. Rewards are not part of the purchased credit package, and therefore refunds are NOT possible after spending/using them on our website.
Please note that if a one-time promotion offer is advertised on any credit package, then such promotion shall apply only once per existing or new user where applicable, regardless of the number of registered accounts (existing and/or newly created) any such user may have and/or regardless of any other circumventing methods he/she may use. Otherwise, the purchase will be processed without the discount and the amount of credits obtained will be limited to the equivalent without the promotion. Please also note that neither discounted credits purchased, nor any credits from accounts which have promo credits can be transferred to any other user or Member account.
All currency and transaction related costs are included in the displayed price of credit packages. www.kinkyerotixxx.nl reserves the right to modify the prices incurred from the fluctuations of currency exchange rates.
Please note that the abusive exercise of the credit card and/or e-mail address validation may lead to the termination of this agreement by the website operator with the user.
The Website Operator may launch referral programs from time to time. The Website Operator reserves the right to modify and/or suspend any referral program, at any time, without prior notice.
Free Private Minutes. The Website Operator may launch promotional offers from time to time, where you may receive free minutes of Private Chat to be used with Models. Further specific conditions may apply depending on the promotional offers.
6. Subscriber's and/or Guest's Declarations
I am fully aware that www.kinkyerotixxx.nl transmits Adult entertainment content to its Guests/Subscribers.
I am fully aware that viewing adult content is only allowed for viewers of at least 18 years old or 21 in some regions.
I expressly declare that, on the present date, I have reached the necessary age to view adult content in accordance to my local regulations. I declare that I have full legal capacity and mental capacity to enter freely into the present Agreement and to use/view related services without restriction. I declare that I shall not use the present services if my capacity may be altered for any reason.
I believe that, as an adult, I have the inalienable right to read/view any content I deem advisable.
Reading and/or viewing content on the website does not in any way infringe the norms or law of my neighborhood, village, city, county, state or country.
I am fully aware that all contents and materials provided on www.kinkyerotixxx.nl, included but not limited to live camera streams, images, graphics, applications and texts are duly protected by the applicable legislation, being all rights reserved. Therefore, they shall be for my own exclusive personal use.
I am fully aware of and agree that www.kinkyerotixxx.nl can grant full cooperation to legal authorities investigating fraudulent transactions and other matters falling under legal jurisdiction as well as responds to subpoenas and court orders.
I acknowledge that www.kinkyerotixxx.nl and its affiliates cannot be held responsible for any legal ramifications that may arise as a result of fraudulent entry into, or use of, this website and/or material contained herein.
I also acknowledge that www.kinkyerotixxx.nl or any of its related, affiliated companies cannot be held responsible for any damages or losses originating from any contact with Adult Service Providers (ASP).
I understand and accept that under no circumstances shall www.kinkyerotixxx.nl or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from any false disclosures that may arise, violation of the rights of subscribers, prostitution, pedophilia, child pornography, illegal abuse, exploitation or traffic of women and/or children.
I agree and acknowledge that intellectual property rights (including but not limited to right to use, adapt, translate, etc.) to any content (e.g. chat, messages, pictures, videos, etc.) created, published or otherwise made public to me on www.kinkyerotixxx.nl belong to www.kinkyerotixxx.nl or the ASP.
I hereby expressly declare not to use www.kinkyerotixxx.nl services to promote any content and/or product that belongs to competitors of the Website Operator. Any attempt to use on www.kinkyerotixxx.nl the competitors’ official sites’ brand names and/or trademarks and/or any other reference to www.kinkyerotixxx.nl competitors, including misspellings thereof, will be considered as unfair trade and marketing practice and will be prosecuted to the fullest extent allowed by law. I hereby acknowledge and agree that the violation of this clause may implicate the immediate termination of my account.
I expressly authorize www.kinkyerotixxx.nl to monitor and record my online activities on the website limited to messages in private chats, comprising my requests for www.kinkyerotixxx.nl services, emails, votes, tips and/or surprises sent/given to Adult Service Providers and similar.
I acknowledge and agree that any material recorded or any original work made under this Agreement and/or when using www.kinkyerotixxx.nl services (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of www.kinkyerotixxx.nl.
I hereby expressly waive any rights and declare to withdraw any claim that any use by www.kinkyerotixxx.nl violates any of my rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
I declare and acknowledge that I am not acting on behalf of a legal person but as an individual consumer and in no event the purchase of services under this Agreement could be considered as being part of my professional activity.
7. Subscriber's and/or Guest's Duties
I agree not to copy, reproduce, republish, download, transmit and/or make available to the public any of the content/materials of www.kinkyerotixxx.nl, without the prior written consent of www.kinkyerotixxx.nl.
I am fully liable for any false disclosures and responsible for any legal ramifications that may arise from viewing, reading, or downloading of material and images contained within this website.
I will never expose minors to the content of the website and will take on full precautions to avoid any type of exhibition or access of the minors to the website, namely, for example, by not including the website in their list of favorite sites to visit. I will be solely responsible in case any minor would access www.kinkyerotixxx.nl through my account or by using my credit card details.
I assume full responsibility to maintain the security of my account and password.
I will not give out personal information, provide or support escort services and/or prostitution.
I will not arrange personal appointments with any Adult Service Provider (ASP), since it is prohibited, and will not exchange my telephone number with an Adult Service Provider (ASP)/Subscriber or in any other way try to have any physical contact with an Adult Service Provider (ASP)/Subscriber. In any event, I acknowledge that www.kinkyerotixxx.nl would not be liable should by breaching these Terms & Conditions I would try to have a physical contact with an Adult Service Provider (ASP)/Subscriber. I am aware that in case it is proven that I arranged personal appointments with an Adult Service Provider (ASP) or attempted to do so, I can be banned from the Website and my account will be closed without any right of compensation.
I will not use obscene words, threaten or quarrel with, or violate the rights of visitors, ASPs, www.kinkyerotixxx.nl support persons or management of the website, since it is prohibited.
Text content sent or forwarded and the chosen username will not be offensive, will not suggest pedophilia, adolescence, bestiality or zoophilia, or refer to elimination or consumption of any bodily waste. In addition, the username that you choose when registering on the website shall never contain any personal information about you (such as your real name) or information that may allow another person to connect it to your real identity (such as your public username you use for social platforms, like Facebook, Twitter, etc.). In case you decide to choose a username which can lead to your identification, please note that you are fully responsible for such action and that we cannot be held responsible of any identification another user of our site can make).
I will not create an account for others, transfer it and/or allow others to use the account, or to create a fictitious Account. I will also not choose a username that is misleading, gives the impression of being an official representative of Sirius Media B.V. or one of its services (such as but not limited to names such as 'helpdesk', 'support', 'customer care', or names that cause confusion with the brand name of Sirius Media B.V.), or that violates our guidelines. Sirius Media B.V. reserves the right to block, suspend or terminate such accounts without prior notice.
I will not use remarks and usernames that are unacceptable by the standards of good taste, suggesting violation of the law or deceiving others.
I will inform, immediately, www.kinkyerotixxx.nl of any unlawful conduct of the ASPs, as well as of any unlawful use of trademarks, brands and/or registered music.
If for any reason my data is no longer correct or complete, I must adjust this data in such a way that it is up to date again. I will not provide incorrect or incomplete information about myself and if Sirius Media B.V. determines that the information provided is incorrect or incomplete, Sirius Media B.V. may terminate or suspend the account. I agree that I am responsible and, where applicable, liable for actions performed through the use of my Account, even if these actions are actually performed by a third party.
8. Subscription Cancellation
The subscribers have the option to unsubscribe at any time from www.kinkyerotixxx.nl services.
If you want to cancel your subscription and close your account, please select 'Delete account' under the 'My Settings' of your account. Following the confirmation of your decision, your Subscriber status will change to 'Cancelled' and we will erase your personal information stored in our system except as required by applicable law, our legitimate business interests, or any other permitted purpose as explained in our Privacy Policy.
www.kinkyerotixxx.nl reserves a right to suspend or cancel any subscription in case of breach of any term of this Agreement or any unlawful conduct of the Subscriber in the framework of this Agreement and to contact any relevant authorities, including but not limited to initiating any criminal complaint and contacting state prosecutor.
9. Personal Data and Privacy Policy
When you navigate on our website, when you decide to register as a Member, and/or to use the features of our website, you will share and/or we will collect some personal information about you. Please carefully read our Privacy Policy, which explains how we collect, use and share your personal information and the choices you have regarding the use of your personal data.
As a Member, I have not and will not provide any false information and/or documents to www.kinkyerotixxx.nl. Therefore, I recognize that www.kinkyerotixxx.nl has the right to, immediately and unilaterally, terminate the present agreement upon the slightest suspicion of forgery.
www.kinkyerotixxx.nl employees’ access to any personal information of www.kinkyerotixxx.nl subscribers is restricted and they are bound by confidentiality obligations. www.kinkyerotixxx.nl Employees might be subject to disciplinary measures, including the termination of their contracts and in serious cases even criminal prosecution should they fail to meet these strict obligations.
10. Spam
www.kinkyerotixxx.nl does not spam messages and will not tolerate spam, distancing itself from any actions related to spamming.
The following is considered to constitute a spam:
- Relaying email from a third party's mail servers without the permission of that third party.
- Sending, relaying or causing to be sent false, deceptive information or that is otherwise against the business interest of www.kinkyerotixxx.nl.
- Using or causing to be used www.kinkyerotixxx.nl computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
- Disrupting the normal flow of dialogue by posting messages in quick succession, multiple times, using capital letters only or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges.
Spamming through www.kinkyerotixxx.nl system or disturbing its subscribers is a violation of Terms and Conditions of the site.
www.kinkyerotixxx.nl does everything in its power to protect its subscribers from deleterious effects of spamming.
The use of all legal proceedings is considered in case of spamming inflicting a loss on www.kinkyerotixxx.nl.
Notwithstanding the above, www.kinkyerotixxx.nl, within the terms of the present agreement, may send promotional emails about its own and about its partner-websites and every email will contain the option to unsubscribe from the mailing list.
Registered subscribers may occasionally receive newsletters in relation to www.kinkyerotixxx.nl. The messages sent to subscribers are transactional or relationship messages. Subscribing to and unsubscribing from these newsletters takes a single click. Any promotional messages will be only sent if the Subscriber has expressed its consent for receiving such promotional marketing services.
In case subscribers would like to report spam, it is recommended sending an email to info@siriusmediabv.nl. www.kinkyerotixxx.nl Support Team investigates all reports as soon as possible.
11. Contacts
Sending of an email to info@siriusmediabv.nl.
Sending of a letter to the Website Operator:
Sirius Media BV
De Boelelaan 7
1083 HJ Amsterdam
The Netherlands
12. Miscellaneous
This Agreement sets forth the full and complete understanding between the Guests/Subscribers and www.kinkyerotixxx.nl with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal.
Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination.
If any portion of this Agreement is deemed unenforceable by a Court of competent jurisdiction, it shall not affect the enforceability of the other portions of this Agreement.
The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees.
If www.kinkyerotixxx.nl changes the terms of this Agreement, www.kinkyerotixxx.nl will post an updated set of terms and conditions on the website and/or will post a change notice and/or send subscribers an email notice of the changes in advance of implementing the changes.
If any modification is unacceptable to you, you shall cease using the www.kinkyerotixxx.nl website and its services and be able to terminate your subscription (if any). If you do not cease using the www.kinkyerotixxx.nl website and its services, you will be conclusively deemed to have accepted the change.
You are not entitled to transfer or assign any of your rights and obligations under this Agreement, including your username and password, to another person without the prior written consent of the Website Operator. The Website Operator may transfer or assign its rights and obligations under this Agreement without limitation.
The English version shall prevail of all legal statements, statutory declarations made by www.kinkyerotixxx.nl, including the present Agreement. www.kinkyerotixxx.nl does not accept any kind of legal claims, or other complaints for the misunderstandings as a result of any mistranslation. You are not entitled to transfer or assign any of your rights and obligations under this Agreement, including your username and password, to another person without the prior written consent of the Website Operator. The Website Operator may transfer or assign its rights and obligations under this Agreement without limitation. You are not entitled to transfer or assign any of your rights and obligations under this Agreement, including your username and password, to another person without the prior written consent of the Website Operator. The Website Operator may transfer or assign its rights and obligations under this Agreement without limitation.
This Agreement and the relations arising out from it between www.kinkyerotixxx.nl and the Guests/Subscribers will be governed by the law of The Netherlands.
Any disputes arising between www.kinkyerotixxx.nl and the Guests/Subscribers will be settled amicably and only when this solution is not efficient, the competent jurisdiction for the disputes arising from this Agreement will be the courts of The Netherlands.
13. Digital Services Act
Content removal:
- The Website Operator has implemented measures to counter the presence of illegal and unauthorized content on the Website. We provide Users with an effective mechanism to report illegal content, service or goods and actively cooperate with designated ‘trusted flaggers’ to ensure prompt identification and removal of such content in compliance with the European Regulation 2022/2065, also known as the Digital Services Act (“DSA”).
-
Illegal and unauthorized content includes but is not limited to child sexual exploitation and abuse material; terrorist content; hate speech; gambling activities; content generated based on the likeness of another person; unauthorized use of intellectual property and image rights; online fraud and crime, etc.
For illegal content removal please send an email to info@siriusmediabv.nl and provide the following information:
As much identifying information about the reported content as possible, including but not limited to:
- URLs of the content you are reporting.
- Your legal name.
- Your e-mail address.
- Identifying information about the user that is responsible for the reported content.
- A short description detailing your problem with the reported content.
- The exact date and time you encountered the reported content on the website.
- Any other information which you believe is relevant to your issue and may be helpful for us.
All reports are confidential, and the person responsible for the reported content will not know who reported them.
Please allow up to 7 days for us to respond to your inquiry.
For copyright infringement send an email to info@siriusmediabv.nl and provide the following information:- Your legal name.
- Your e-mail address.
- a description of the copyrighted work or other intellectual property that you claim has been infringed.
- a description of where the allegedly infringement and related material is located on Sirius Media B.V. sites, preferably by providing a URL.
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
For national judicial or administrative orders authorities with orders to act against illegal content send an email to info@siriusmediabv.nl and provide the following information:- Orders to act against illegal content.
- Name of issuing authority and/or person.
- Your email address.
- URL of reported content.
- Additional information about the reported content.
- Legal basis for the order.
- Statement of reasons explaining why the reported content is illegal.
- Information about redress mechanisms.
- Authority to be notified about outcome.
For national judicial or administrative orders authorities with orders to provide information send an email to info@siriusmediabv.nl and provide the following information:- Name of issuing authority and/or person.
- Your email address.
- Recipient(s) of the service on whom information is sought.
- Legal basis for the order.
- Statement of reasons explaining the objective for the request, its proportionality and necessity.
- Information about redress mechanisms.
- Authority to be notified about outcome.
For trusted flaggers send an email to info@siriusmediabv.nl and provide the following information:- Name of issuing authority and/or person.
- Your email address.
- Additional information about the reported content.
- Legal basis for the order.
- Statement of reasons explaining why the reported content is illegal.
Content Moderation:
- The Website Operator employs content moderation measures to ensure compliance with its policies and standards, including support staff and technologic tools facilitating the discovery and removal of unauthorized content. Content uploaded, posted, or shared by Users may be subject to review and removal if found to be in violation of these policies and/or this Agreement.
- Users acknowledge that the Website Operator may use automated tools and manual review processes to monitor and moderate content. However, the Website Operator does not guarantee the accuracy, completeness, or timeliness of its moderation efforts.
Measure and protection against misuse:
- The Website Operator is committed to provide legitimate content and addressing every single complaint with sincerity and care taking into account all factual circumstances of each case.
- In the event of any system misuse, the Website Operator will take decisive action to mitigate such occurrences.
- Upon the discovery of any misuse report from Users, the Website Operator will promptly issue notification letters when legally required. The Website Operator reserves the right to issue sanctions (including partial or complete suspension or deletion of the account) to Users not complying with this Agreement or the applicable law or if notices/complaints sent are manifestly unfounded, without prejudice of a first warning when legally required.
-
Misuse includes, but is not limited to, the following behaviors:
- Submitting manifestly unfounded notices or complaints about illegal or improper content, especially when done repeatedly over a specific period;
- Generating a significant volume of reports that contain insufficient or invalid information, in comparison to the total reports made within a designated timeframe;
- Submitting, sharing or endorsing in any way illegal content;
- Engaging in or promoting harassment, hate speech, bullying, or any form of abusive behavior in interactive areas of the www.kinkyerotixxx.nl;
- Deliberately bypassing geographic or other restrictions to access or distribute content not intended for a user's region.
-
Our decision to issue sanctions will consider each case individually, assessing the extent, gravity, and intention behind the misuse, based on the total and relative frequencies of such activities and their consequences.
For example (without prejudice of a specific and case-by-case analysis):
Users engaging in illegal requests or sharing unauthorized content through the chat/video feature or using the chat/video feature to harass, bully, or send inappropriate messages to others may receive an initial warning will be issued for first time violations. Continued misuse will result in suspensions (that could range from one (1) day for minor infractions to a hundred and eighty (180) days for severe or repeated violations). In extreme cases, such as repeated sharing of illegal content or severe non-compliance with our rules, the User's account may face permanent deletion.
For each case, we will notably consider:
The nature and content of the messages or interactions, particularly focusing on their legality and adherence to our rules.
The frequency and context of the reported behavior, distinguishing between isolated incidents and systematic abuse.
The impact of the behavior on recipients and other Users, including potential harm or distress caused.
- The Website Operator reserves the right to take appropriate actions in response to misuse report and ensuring a safe and respectful environment for all users. We will take necessary measures to address instances of misuse in accordance with this Agreement.
Recommender system transparency
- The Website Operator is committed to delivering the highest level of service to its Users to ensure a great experience. Therefore, all recommendations provided to Users are carefully selected based on key criteria, including but not limited to user preferences, historical interactions, and content relevance.
Contact us
- To ensure direct and rapid communication with us in a user-friendly manner, you can send an email to our single point of contact for all recipients of our service at: info@siriusmediabv.nl. You can contact us by using English and/or Dutch.