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Terms and conditions

Terms and conditions

Preface:

The MasturbateTogether profiles are completely free. You can become a member for free and remain a member for free. Also, sending and receiving messages is completely free of charge. There are no hidden costs or paid memberships. The only thing that is not free is the advertisements from sponsors that lead to other sites outside of MasturbateTogether, but the webcam chat and profiles of MasturbateTogether itself are 100% free.


Terms and Conditions:

These terms and conditions apply to the visit and use of this Website and other services offered by us. Please carefully review these terms and conditions before visiting the Website and/or using our services.


If there are one or more points in our terms and conditions that you cannot agree with or if you experience any inconvenience in reading these terms and conditions, please immediately terminate the visit to this Website.


This or future visits to this Website and/or the use of our services imply that you fully and unreservedly accept these terms and conditions.


Definitions
  • 1.1 MasturbateTogether.com, operating under the trade name: "Safe Web Surfing" with its office in The Netherlands, registered in the Chamber of Commerce under registration number 59614315, VAT identification number NL853570656B01, hereinafter also referred to as "Safe Web Surfing",  further considered operator, owner, and administrator of this Website.
  • 1.2 Account: The account created by the User, which grants the User access to the Member database;
  • 1.3 Website: a medium for displaying information via the Internet.
  • 1.4 User: The person who visits this Website and/or uses the services or products provided by "Safe Web Surfing" via their Account, also referred to as ‘you’ or ‘your’.
  • 1.5 Member database: Access to the part of the website for which the user has created an account. This part is partly shielded from public access. The user has the possibility to shield privacy-sensitive information from public view. Read more in the Privacy Statement.
  • 1.6 Public section: the part of the website for which a user does not need to log in with a password, email address, and/or username.
  • 1.6 Content: all information made accessible by Users through the Website, including but not limited to: comments, likes, photos, videos, and actions in front of the camera via, for example, a computer;
  • 1.7 Messages: the digital, shielded communication that the User can exchange with other users of the Website if they have full access to the Member database and which are visible to the User in their Account.
  • 1.8 IP rights: all intellectual property rights, such as copyrights, trademark rights, database rights, neighboring rights, and related rights such as know-how and so-called one-line performances.
  • 1.9 Moderation: the reviewing, listening, reading, editing, or deleting of Content created by the User by the employees/volunteers of "Safe Web Surfing".
2. Scope and Nature of these Terms
  • 2.1 These terms and conditions apply between "Safe Web Surfing" and User.
  • 2.2 These terms and conditions apply to the use of a website or service of "Safe Web Surfing".
  • 2.3 Order of applicability: these terms and conditions, unless the law or European regulations, to the extent not yet incorporated into local legislation, mandatorily apply.
  • 2.4 In the event that provisions of these terms and conditions are possibly void or voidable, the remaining provisions shall remain in force, and the respective provision shall be converted into a valid provision that closely approximates the original intention.
3. The Website
  • 3.1 The purpose of this Website is to allow the user (at their own risk) to exchange content with other users of the websites of "Safe Web Surfing". Whether via the Member section or the Public section of the website of "Safe Web Surfing".
  • 3.2 The main purpose of the Website is to connect the User with other users, who can then communicate with each other via the Member database or the public section. The purpose of the Website does not include facilitating face-to-face contact between the User and other users of the Website; however, it is not forbidden for the User to make such arrangements with other users. "Safe Web Surfing" in no way guarantees that such contact can actually be established via the Website.
  • 3.3 Use of the Website and services offered through the Website is open to any person who has reached the minimum age of 18 years. If you have not yet reached the age of 18, object to the content of this Website and/or if the User of the offered Website or services is in a geographical area where access to the Website or use of offered services is prohibited, please immediately terminate the visit to this website.
  • 3.4 The User can create an Account by completing the registration process. When completing the registration process, the User must provide current and complete information about themselves.
  • 3.5 It is not permitted for the User to create an Account for others, transfer it to others, and/or allow others to use the Account, or to create a fictitious Account. If, for any reason, the User's data is no longer correct or complete, the User must update their data to make it current again. If the User provides incorrect or incomplete information about themselves and if "Safe Web Surfing" determines that the information provided is incorrect or incomplete, "Safe Web Surfing" may terminate or suspend the Account.
  • 3.6 The User is solely responsible for keeping their username and password for their Account confidential. Only the User is liable for the use of the account by third parties, regardless of how these third parties gained access to the account. If there is suspicion of misuse of the account, the User shall immediately notify "Safe Web Surfing".
  • 3.7 "Safe Web Surfing" can never be held liable for the use or misuse of the Account.
  • 3.8 Illegally accessing this Website and/or the Member database is punishable. In case of suspicion of abuse, "Safe Web Surfing" will immediately file a report.
  • 3.9 "Safe Web Surfing" endeavors to make the Website available with care and in a professional manner to the best of its ability. The Website is always made available on the basis of a best effort obligation. The User accepts that the Website only contains the functionalities and other characteristics as found within the Website at the time of use (on an "as is" basis). "Safe Web Surfing" expressly excludes all express and implied warranties, commitments, and indemnities of any kind regarding the Website.
  • 3.10 "Safe Web Surfing" is at all times entitled, without prior notice and without incurring any liability or obligation towards the User, to modify and/or (temporarily) terminate (the content of) the Website and to carry out maintenance on the Website without prior notice.
  • 3.11 The User is responsible for the purchase and/or proper functioning of the infrastructure and reliable telecommunications facilities (including internet connection) necessary to use the Website.
4. Content and Use of the Website
  • 4.1 The User acknowledges and agrees that Content they make available through the Website may be used by other Users. You acknowledge that "Safe Web Surfing" has no influence on the compliance with these terms and conditions by other Users.
  • 4.2 You are not allowed to post your own Content and Messages:
  • a. that is discriminatory in terms of appearance, race, religion, gender, culture, origin, or in any other way deemed offensive or inappropriate;
  • b. that incites violence against and/or harassment of others;
  • c. that leads to or is the result of exploitation or abuse of others, including prostitution;
  • d. that is contrary to good morals or good taste, violent, or contains a link to prostitution;
  • e. requesting personal data from minors and/or making personal data of others available;
  • f. that promotes or commits illegal activities;
  • g. that is based on untruths and/or misleading;
  • h. containing viruses, trojan horses, worms, bots, or other software that can damage, make unusable, or inaccessible an automated work, or that is intended to bypass technical protection measures of the Website and/or the computer systems of "Safe Web Surfing";
  • i. that unreasonably or disproportionately burdens the infrastructure of the Website or impedes the functionalities of the Website;
  • j. consisting of assuming a false identity and/or falsely suggesting that you are affiliated with "Safe Web Surfing";
  • k. involving chain letters, junk mail, or spamming and/or requesting passwords or other personally identifiable information for commercial or illegal purposes;
  • l. that is contrary to these terms and conditions, the Privacy Statement, or any applicable laws and/or regulations;
  • m. that infringes upon the rights of "Safe Web Surfing" and/or third parties, including but not limited to IP rights or rights regarding the protection of privacy;
  • n. that is in any other way unlawful; or that may harm the interests and good name of "Safe Web Surfing".
  • 4.3 If you believe that certain Content infringes upon your (IP) rights, the rights of "Safe Web Surfing" and/or a third party, or is otherwise unlawful, you will promptly report this to "Safe Web Surfing", as described in article 8.
  • 4.4 In case of violation of the provisions of these terms and conditions, actions that are contrary to the law and/or in case of fraud, the Account will be immediately blocked without prior warning. The costs associated with detecting the abuse or fraud will be charged to the User. This does not affect "Safe Web Surfing"'s right to recover all damages and legal costs incurred from the User.
5. Warranties and Indemnities
  • 5.1 The User understands and accepts that the Website is only a means to connect the User with other users of the Website and to share Content, and "Safe Web Surfing" therefore does not provide any guarantee regarding any result, such as the establishment of a relationship or the occurrence of a face-to-face meeting between the User and another User.
  • 5.2 The User understands and accepts that "Safe Web Surfing" cannot influence (the content of) Accounts and Content of other users of the Website, other than after receiving a notification as referred to in article 9, and that these Accounts only reflect the opinion of these respective Users themselves. The User is liable for any damage caused by their contact (past or present), the conclusion of an agreement, or any other action taken with a User.
  • 5.3 The User is liable towards "Safe Web Surfing" and indemnifies "Safe Web Surfing" in full against all claims from third parties, as well as the damage and costs incurred or made by "Safe Web Surfing" as a result of (i) a attributable failure in the performance of an agreement with "Safe Web Surfing" by the User, (ii) any action by the User when using the Website, or (iii) an unlawful act committed by the User. All costs incurred by "Safe Web Surfing" and damages suffered in any way related to such claims shall be reimbursed by the User.
  • 5.4 The User warrants to "Safe Web Surfing" that they are entitled to use the Website and that they will act in accordance with these terms and conditions and all applicable laws and regulations.
  • 5.5 The User understands and accepts that "Safe Web Surfing" uses, among other websites of third parties, to send visitors to its Website, whether or not for a fee. These third parties responsible for placing these hyperlinks are themselves liable for the content of the website and the manner in which this third party directs the User to the Website by means of hyperlinks.
6. Liability
  • 6.1 The User is fully responsible and liable for all use they make of the Website and all actions carried out through their Login Credentials - including posting Content and Messages - as well as for all (consequences) of decisions and/or legal actions they make/perform through the Website and indemnifies "Safe Web Surfing" from all claims of third parties in this regard.
  • 6.2 The liability of "Safe Web Surfing" for an attributable failure in the performance of any agreement with the User, an unlawful act, or any other act or omission by "Safe Web Surfing", its employees, volunteers, or third parties engaged by it, is limited to the compensation of direct damage. The liability of "Safe Web Surfing" for direct damage per event (where a series of related events is considered as one event) is limited to the total amount that the User has paid to "Safe Web Surfing" under the agreement in the six (6) calendar months preceding that event (ex. VAT). However, the total liability of "Safe Web Surfing" is in no event higher than €500,= (ex. VAT).
  • 6.3 "Direct damage" exclusively means:
  • a. material damage;
  • b. reasonably incurred expenses that the User would have to make to ensure that the performances of "Safe Web Surfing" are in accordance with the agreement with "Safe Web Surfing";
  • c. reasonably incurred expenses by the User to determine the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of the agreement with "Safe Web Surfing";
  • d. reasonably incurred expenses to prevent or limit damage, to the extent that the User can demonstrate that these expenses have led to a limitation of the direct damage within the meaning of the agreement with "Safe Web Surfing".
  • 6.4 "Safe Web Surfing" is not liable for any damage other than direct damage as described in article 5.3, including consequential damages arising out of or in connection with any agreement with "Safe Web Surfing", including, without limitation, loss of profit, loss of revenue, loss of expected savings, and other similar financial losses such as loss of goodwill or reputation or other incidental, indirect damages, or damages by way of penalty or example, of any kind, whether or not User has notified "Safe Web Surfing" of such potential damage, compensation, or loss.
  • 6.5 A condition for the creation of any right to compensation is always that the User reports the damage to "Safe Web Surfing" in writing within 60 days after its occurrence. The right of the User to claim compensation under any agreement with "Safe Web Surfing", based on tort or otherwise, expires in any event one (1) year after the event on which the claim or proceeding is based.
7. Force Majeure
  • 7.1 There is no attributable failure in the performance of the agreement by "Safe Web Surfing" if force majeure occurs.
  • 7.2 Force majeure includes, among other things, illness of employees/volunteers and/or absence of crucial employees for the provision of the Website, interruptions in the supply of electricity, strikes, riots, government measures, fire, natural disasters, floods, failures of suppliers of "Safe Web Surfing", failures of third parties engaged by "Safe Web Surfing", disruptions in internet connection (whether or not due to a DDoS attack), hardware failures, disruptions in (telecommunication) networks, and other unforeseen circumstances.
  • 7.3 If force majeure lasts for at least thirty (30) days, "Safe Web Surfing" is entitled to terminate the agreement, without being obliged to pay any damages in respect of such termination.
8. Privacy
  • 8.1 "Safe Web Surfing" takes the utmost care in protecting the personal data of Users. For additional information, we refer you to the Privacy Statement on this Website.
  • 8.2 If the User processes personal data of other users and/or a third party during the use of the Website, the User is at all times responsible for this processing. User guarantees that this processing always takes place in accordance with the applicable laws and regulations, and User indemnifies "Safe Web Surfing" from any claim by a third party in this regard. In any case, User will never use the contact details of other users of the Website for sending mailings or other unwanted messages, other than Messages via the Website.
9. Complaints Handling
  • 9.1 All complaints related to the use of the Website, quality, or any other complaint, will be seriously handled by "Safe Web Surfing".
  • 9.2 The User must submit a complaint in writing via email to info@MasturbateTogether.com to notify "Safe Web Surfing".
  • 9.3 "Safe Web Surfing" will attempt to resolve the complaint within 10 working days. "Safe Web Surfing" will inform the customer about this in writing via email.
10. Notification of Unlawful Information
  • 10.1 "Safe Web Surfing" is not liable for any damage in connection with the (unlawful) use of the Website, including the publication of Content. "Safe Web Surfing" is only obligated, under the conditions as indicated below, to remove unmistakably unlawful material or cease unmistakably unlawful activity upon receipt of a notification.
  • 10.2 The presence on or accessibility via the Website of alleged unlawful material or alleged unlawful activity can be reported to "Safe Web Surfing" via the designated 'abuse' button. The notification must:
  • a. contain the description and location on the Website of the material/activity that, in your opinion, infringes;
  • b. contain a statement that, in your opinion, your (IP) rights are being infringed and specify why;
  • c. contain contact information where "Safe Web Surfing" can contact you, such as your name, address, telephone number, and email address;
  • d. contain a statement, supported by evidence, that the information in your notification is accurate and complete and that you are the rights holder with regard to the relevant (IP) rights; and
  • e. be signed by the rights holder or the person demonstrably authorized to act on behalf of this person.
  • 10.3 "Safe Web Surfing" reserves the right to forward the notification to the User responsible for the Content to which the notification relates.
  • 10.4 "Safe Web Surfing" reserves the right not to comply with a request to block material or cease an activity if it has valid reasons to doubt the accuracy of the notification or the legality of the evidence provided, or if a balancing of interests requires it. In this context, "Safe Web Surfing" may, for example, require a court decision from a competent court in the Netherlands.
  • 10.5 "Safe Web Surfing" shall in no way be required to be a party to any dispute between the notifier and any third party.
  • 10.6 The notifier indemnifies "Safe Web Surfing" against any claim by third parties in connection with the blocking or removal of material or cessation of activities. The indemnification also includes all damage and costs incurred by "Safe Web Surfing", may incur, or that "Safe Web Surfing" is required to make in connection with such a claim, including, but not limited to, reimbursing costs for legal assistance.
11. Intellectual Property Rights
  • 11.1 The Intellectual Property rights associated with the Website, including the information made accessible such as the texts, look-and-feel, Account template, video, audio, and visual or photographic materials, excluding Content and Messages, exclusively belong to "Safe Web Surfing" and/or its licensors. Nothing in these terms and conditions constitutes a transfer of any IP right.
  • 11.2 Subject to the conditions set forth in these terms and conditions, "Safe Web Surfing" grants the User a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable right to access and use the Website.
  • 11.3 The User retains the Intellectual Property rights related to the Content and Messages. By posting Content and Messages, the User automatically grants "Safe Web Surfing" a free, worldwide, irrevocable, sublicensable, and transferable license to use (including publish and reproduce) this Content and Messages as required in the context of offering the Website.
  • 11.4 It is not permitted for the User to sabotage or circumvent in any way the technical and/or organizational restriction measures installed or otherwise integrated by "Safe Web Surfing" on the Website.
  • 11.5 User expressly agrees not to download, copy, modify, apply reverse engineering to, disclose, or use materials on which Intellectual Property rights of "Safe Web Surfing" rest for any purpose other than those mentioned in these terms and conditions, unless "Safe Web Surfing" has given permission for such use or Dutch law mandatorily allows such use.
12. Duration and Termination
  • 12.1 The agreement regarding the use of the Member database is entered into between the parties for an indefinite period. The User may discontinue the use of the Member database and delete the Account at any time, thereby terminating the agreement.
  • 12.2 In addition to other remedies available to "Safe Web Surfing", "Safe Web Surfing" is at all times, if it deems grounds to be present, without giving reasons and without prior explanation, entitled to (temporarily) restrict, suspend, or deactivate User's activities in connection with the Member database, temporarily or permanently delete the Account, remove Content and Messages, issue a warning, terminate the service, and refuse to provide services, in particular - but not limited to - if:
  • User acts in violation of these terms and conditions;
  • a. "Safe Web Surfing" believes that User's actions may cause harm or liability to himself, other users of the Website, third parties, or "Safe Web Surfing" itself.
  • b. "Safe Web Surfing" shall not be liable in any case.
  • 12.3 Upon termination of the agreement between the parties, for whatever reason, the User's right to use the Member database immediately ceases, and access to the Member database is immediately denied. "Safe Web Surfing" will remove the Account and/or Content and Messages posted by the User within a reasonable period upon termination. However, "Safe Web Surfing" retains the right to use all Content posted by the User on the Website as determined in article 10.3. After the end of the agreement, "Safe Web Surfing" will, upon the User's first request, delete, erase, or anonymize all Content posted by the User on the Website. "Safe Web Surfing" is not obliged to provide the User with any Content after termination of the agreement, and/or to convert it.
13. Miscellaneous
  • 13.1 "Safe Web Surfing" has the right to modify the services published on its Website at any time and thereby adjust the provisions of these terms and conditions, update them, or make them more complete. It is your personal responsibility to regularly check these terms and conditions. If you continue to use the Website after the effective date of the changes, you thereby indicate that you agree to and accept these changes. Significant changes for the User will be communicated to the User via a notification on the Website. If the User does not agree to these changes, he must contact "Safe Web Surfing" and/or terminate his Account.
  • 13.2 "Safe Web Surfing" disclaims any liability for any harmful consequences that may arise from changes made to the content of the Website or the terms and conditions.
  • 13.3 "Safe Web Surfing" may assign the rights and obligations arising from these terms and conditions and will notify you thereof.
  • 13.4 Where parts of these terms and conditions may be void or voidable, the remaining parts shall remain in force, and the relevant part shall be converted into a valid part that most closely approximates the original intention.
  • 13.5 Dutch law applies to these terms and conditions and the use of the Website.
  • 13.6 All disputes arising from or related to these terms and conditions and the use of the Website shall be subject to the judgment of the competent Dutch court.