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Terms of Use — Fiwfan.app
Fiwfan.app is a service that allows members to create unique personal profiles and directory listings online in order to find and communicate with old and new friends and clients. By using the Fiwfan.app Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the Fiwfan.app services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.
This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. Fiwfan.app may modify this Agreement from time to time and such modification shall be effective upon posting by Fiwfan.app on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Fiwfan.app's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service, and Fiwfan.app's Privacy Policy. You may also receive a copy of this Agreement by contacting us.
Please choose carefully the information you post on Fiwfan.app and that you provide to other Members. Your Fiwfan.app profile must not include any photographs that contain anything illegal, violent, or of offensive subject matter. Information provided by other Fiwfan.app Members (for instance, in their Profile or Directory Listing) may contain inaccurate, inappropriate or offensive material, products or services and Fiwfan.app assumes no responsibility or liability for this material.
Fiwfan.app reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility
Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of Fiwfan.app will not violate any applicable law or regulation. Your profile may be deleted without warning if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you must not authorise others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other Members.
2. Term / Fees
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the member Account page. Fiwfan.app may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to Fiwfan.app. If Fiwfan.app terminates your Membership in the Service because you have breached this Agreement, you shall not be entitled to a refund of any unused portion of subscription fees.
Even after membership is terminated, this Agreement will remain in effect, including sections 4, 5, 6, 7, 9 and 12 to 21 inclusive.
Fiwfan.app's Terms of Use and/or subscription fees that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that Fiwfan.app reserves the right to charge for the Service and has the right to terminate a Member's Membership should the Member breach this Agreement or fail to pay for the Service, as required by this Agreement.
3. Use of the Website by Members
Personal Member profiles are for personal use and must not be used for commercial solicitation.
Directory Listings are a paid commercial service and may include the contact details, business information and promotional material permitted by the applicable listing format.
You must not collect usernames, contact details or listing data by automated or other means, must not frame or link to the Website without authorisation, and must not place affiliate or third-party advertising outside a paid Directory Listing. Breach of this section may result in termination without notice. Appropriate legal action will be taken by Fiwfan.app in respect of any illegal or unauthorised use of the Website.
4. Proprietary Rights in Content on Fiwfan.app
Fiwfan.app owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of Fiwfan.app and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you must not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site
5.1 You understand and agree that Fiwfan.app may review and delete any content, messages, reviews, listing questions and answers, photos, directory listings or profiles (collectively, "Content") that in the sole judgment of Fiwfan.app violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
5.2 You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.
5.3 You represent and warrant that: (i) you are the author of the Content you post, or otherwise have the full right to grant the licence set out in section 6; and (ii) your Content does not violate the privacy rights, publicity rights, copyright, or other intellectual property rights of any person. The licence granted in respect of User Content is set out in section 6 and is not limited, qualified or terminated by this section 5. You agree to pay all royalties and fees owing to any person by reason of Content you post.
Fiwfan.app reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation removing the offending communication from the Service and terminating the membership of such violators.
5.4 The following is a partial list of the kind of Content that is illegal or prohibited on the Website. You must not post Content that:
(a) displays full frontal nudity, genitalia or sexually explicit conduct;
(b) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(c) harasses or advocates harassment of another person;
(d) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(e) promotes information that you know is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(f) promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files;
(g) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h) provides material that displays people under the age of 18, or solicits personal information from anyone under 18;
(i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(j) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(k) involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(l) for directory listings, uses any unfair, misleading or deceptive content intended to draw traffic to the profile.
5.5 You must use the Service in a manner consistent with any and all applicable laws and regulations.
5.6 You must not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service, otherwise than by means of a paid Directory Listing. You must not transmit any chain letters or junk email to other Members. Although Fiwfan.app cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. Fiwfan.app reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates the above, including without limitation removing the offending communication from the Service and terminating the membership of such violators. Moreover, to protect our Members, Fiwfan.app reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Fiwfan.app deems appropriate in its sole discretion.
5.7 You must not cover or obscure the banner advertisements on your personal profile page, or any page, via HTML/CSS or any other means.
5.8 You must not engage third parties to post fake reviews, comments or discussion on the site, and must not post untruthful content yourself.
5.9 You must not attempt to impersonate another user or person who is not a member of Fiwfan.app.
5.10 You must not use the account, username, or password of another Member at any time, and must not disclose your password to any third party or permit any third party to access your account.
5.11 You must not use one single listing to promote more than one person. You must not use a listing for group advertising.
5.12 You must not sell or otherwise transfer your profile or directory listing.
6. User Content
6.1 You retain ownership of copyright in reviews, photographs, and other content you submit ("User Content"). By submitting User Content, you grant Fiwfan.app a worldwide, perpetual, irrevocable, royalty-free, sub-licensable and exclusive licence to host, store, reproduce, adapt, publish, display and distribute that User Content in any media, in connection with the operation and promotion of the Service. This licence includes the exclusive right to enforce the copyright in your User Content against third parties, and you authorise Fiwfan.app to act as your agent for that purpose — including issuing takedown notices under the U.S. Digital Millennium Copyright Act and equivalent laws — and to bring or defend proceedings in its own name in respect of unauthorised use of your User Content. This licence and authorisation survive deletion of your User Content or termination of your account.
6.2 You additionally assign to Fiwfan.app all accrued causes of action in respect of any unauthorised use of your User Content occurring before the date on which you accept these Terms, together with the right to recover damages and other relief in respect of that use.
6.3 This section applies equally to Content submitted by Members, by reviewers, and by Advertisers in connection with Directory Listings, including verification photographs and any images supplied as part of the verification process.
6.4 Nothing in this section prevents you from using your own User Content for your own personal, non-commercial purposes.
6.5 Fiwfan.app retains upload records, file metadata, image metadata and server access logs relating to User Content as evidence of provenance and date of first publication, and may disclose them to platforms, hosts, registrars, courts and dispute-resolution bodies for the purpose of enforcing rights in User Content.
6.6 To the extent permitted by applicable law, you waive any moral rights in your User Content in favour of Fiwfan.app.
6.7 Notwithstanding section 19, the grant of rights in this section 6 and its enforcement are governed by the law of the jurisdiction in which enforcement is sought, to the extent necessary to give effect to it.
7. Database and Compilation Rights; Prohibited Extraction
7.1 Fiwfan.app owns the copyright in the selection, coordination and arrangement of the listings, reviews, categories, location taxonomy and tier classifications published on the Website, and asserts the database right under Directive 96/9/EC and the Databankenwet in respect of the substantial investment made in obtaining, verifying and presenting the contents of its database.
7.2 You must not, and must not permit any third party to, by automated or manual means: crawl, scrape, harvest, index (other than by a general-purpose search engine acting in accordance with the Website's robots.txt), extract, re-utilise, mirror, frame, cache for republication, or otherwise copy any substantial part of the Website, its database, its images or its listings; or repeatedly extract insubstantial parts in a manner conflicting with normal exploitation of the database.
7.3 You must not access the Website by automated means for the purpose of reproducing its content on any other service. Doing so is unauthorised and constitutes a breach of these Terms, irrespective of whether the material copied is separately protected by copyright.
7.4 Images published on the Website carry embedded copyright management information. You must not remove, alter or falsify that information, and must not distribute copies from which it has been removed.
8. Advertising
8.1 You understand and accept that Fiwfan.app makes no representation as to the effectiveness or otherwise of any Advertising.
8.2 You agree that Fiwfan.app has no responsibility to any Advertiser except for the delivery of the Advertising, and that its maximum liability to each individual Advertiser in the case of non-delivery cannot exceed the cost of the non-delivered Advertising.
9. Copyright Policy and Designated Agent
You must not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Fiwfan.app to terminate membership privileges of any member who repeatedly infringes copyright, upon prompt notification to Fiwfan.app by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
10. Anti-cheating Policy
You must not use any unauthorised third-party programs, including but not limited to "mods", "hacks", "cheats", "scripts", "bots" and automation programs, that interact with Fiwfan.app in any way, for any purpose — including, without limitation, any unauthorised third-party programs that intercept, emulate, or redirect any communication with Fiwfan.app. We will take appropriate disciplinary measures, including account termination and deletion, to protect the integrity and spirit of Fiwfan.app if we observe the prohibited activity.
11. Refund Policy
This section explains when you can request a refund with respect to advertising Services acquired from Fiwfan.app.
11.1 Unless this section specifically provides for a refund, all fees for all advertising Services are non-refundable, in whole or in part, even if your advertisement is suspended, cancelled or transferred prior to the end of the Service subscription.
11.2 New advertising Services may be refundable, at the sole discretion of Fiwfan.app, if you cancel the Service for a valid reason and the cancellation is processed within 3 days (72 hours) after the Service subscription has started.
11.3 In no event is the same Service eligible for more than one refund.
11.4 Service(s) must be cancelled before we can issue a refund.
11.5 No refund will be made if your Service(s) are suspended or terminated for cause.
11.6 If you are eligible for a refund after the Service subscription started, we may deduct the fees for the time the Service subscription was active from the refund amount.
11.7 Once you have purchased credits, there is no facility for a refund. Once credits have been applied to a specific listing, this operation cannot be reversed. Any deleted listings will automatically lose any premium or featured time remaining on them.
11.8 All refunds are processed in EUR. You, the customer, bear sole responsibility for any fluctuations in the exchange rate(s) between the time of payment and the time of refund.
11.9 Unless you request otherwise, refunds will be credited to your account balance. Purchases made using Fiwfan.app account funds can only be refunded as account credit. Purchases made by credit card may be refundable to the source of payment. Fiwfan.app is not responsible for any additional charges imposed by your credit card company in the case of a refund.
11.10 Any processing fee(s) will be deducted from a refund.
11.11 If you believe you are eligible for a refund, send us a message using our contact form. Refund requests will not be reviewed unless you include: the reason for the refund; transaction identifying information (e.g. account username, order amount, order date); and any additional information the Fiwfan.app team asks for in order to process your refund request.
12. Member Disputes
You are solely responsible for your interactions with other Fiwfan.app Members. Fiwfan.app reserves the right, but has no obligation, to monitor disputes between you and other Members.
13. Privacy
Use of the Website and/or the Service is also governed by our Privacy Policy.
14. Disclaimers
Fiwfan.app is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members, or by any of the equipment or programming associated with or utilised in the Service. Fiwfan.app is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Fiwfan.app assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorised access to or alteration of any user or Member communication.
Fiwfan.app is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service.
Under no circumstances shall Fiwfan.app be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service, or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Fiwfan.app expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Fiwfan.app cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
15. Limitation on Liability
IN NO EVENT SHALL FIWFAN.APP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF FIWFAN.APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FIWFAN.APP'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FIWFAN.APP FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Nothing in this Agreement excludes or limits liability which cannot lawfully be excluded or limited under applicable mandatory law.
16. Indemnity
You agree to indemnify and hold Fiwfan.app, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement, and/or arising from a breach of this Agreement, and/or any breach of your representations and warranties set forth above.
17. Payments by Credit or Debit Card
We use trusted, authorised processing gateways and payment service providers. Credit and debit card payments on our site are fully secured. We do not store your data and we do not see your complete credit card number. On your card statement the following text will appear: "Fiwfan.app". Your bank cannot see the purpose of payment. Some banks, credit or debit card issuers may charge you an international processing fee. This international service fee is controlled and charged by your bank or card issuer, not by Fiwfan.app or our payment processors.
18. Compliance with 18 U.S.C. section 2257
The owners and operators of this website are not the producer (as that term is defined in 18 U.S.C. section 2257) of any of the visual content contained in this website. Fiwfan.app does not allow portrayal of sexually explicit conduct, full frontal nudity or genitalia. All content is user-submitted and is subject to Fiwfan.app's Terms of Use, specifically sections 5 and 6. Therefore content which follows our Terms of Use is exempt from the provisions of 18 U.S.C. section 2257. In the case of a user violating our terms of service by posting sexually explicit material, the content will be removed immediately.
19. Governing Law
These Terms shall be governed by, and interpreted in accordance with, the laws of the Netherlands, subject to section 6.7.
20. Service Provider and Contact
You can contact us using the contact form.
21. Entire Agreement; General
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Fiwfan.app regarding the use of the Website and/or the Service. The failure of Fiwfan.app to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
