Terms of Use ConsumerApps B.V. / Femdom-App
ENGLISH TRANSLATION OF THE DUTCH ‘GEBRUIKSVOORWAARDEN’ OF CONSUMERAPPS B.V. | FEMDOM-APP
IF THERE IS ANY DISCREPANCY BETWEEN THE DUTCH VERSION AND THIS ENGLISH VERSION, THE DUTCH VERSION PREVAILS
Valid from: July 24, 2024
ConsumerApps B.V. in Amsterdam for the services in this Agreement also trading under the name Femdom (hereinafter: “Femdom” or “the Entrepreneur”), is the developer, operator and owner of the Femdom app (hereinafter: the “Femdom-app” or the “App”) and provider of related services, including but not limited to use of the Femdom-app (hereinafter: the “Service”).
These Terms of Use, together with Femdom’s Terms and Conditions and Privacy Policy, apply to the Agreement between Femdom and the User of the Femdom-app.
The Terms of Use, the Terms and Conditions and the Privacy Policy determine the conditions for accessing and using the Femdom-app and using the services and products offered by Femdom.
Definitions
- “Agreement”: these Terms of Use (including the Safety Tips and Community Guidelines), the Terms and Conditions, the Privacy Policy and the material presented on the Femdom-app, which are specifically referenced in this Agreement, whereby each can be regularly updated by Femdom to its own discretion;
- “The Service”: all functionalities of the Femdom-app and tools made available in the Femdom-app, all privileges from subscriptions or memberships, and all other services provided by Femdom or its partners for the purpose:
promoting and intensifying contact between BDSM like-minded people, specifically in the area of Female Domination (“FemDom”)
- “Intellectual Property Rights”: inventions whether or not patented, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, masking rights, know-how, ideas, designs, software, functionalities, logos, expressions and other rights to trade secrets, and all other intellectual property rights, derivatives thereof and forms of protection of a similar nature anywhere in the world;
- “Femdom-account” or “Account”: the personal environment of a User of the Femdom-app accessible through a combination of username and password that gives the user paid or unpaid access to certain shielded services;
- “User”: a person who has created an Account in the Femdom-app;
- “Femdom-ID”: the data with which a User identifies himself within Femdom in order to be able to use the Femdom-app;
- “Femdom User Data”: data, information, files or material that the User has provided to Femdom or was sent to Femdom while using the Femdom-app;
- “Femdom-app”, or “App”: the Female Domination App downloadable in Google Play store for installation and use on a modern smart phone with Android operating system.
Privacy and Security Policy
The current privacy and security policy can be found at www.femdomtheapp.com/privacy.
Using the Femdom-app
A Femdom-ID is personal through, at least, a personal mobile phone number of the User and the personal e-mail address of the User and may not be shared.
Femdom may terminate the password, Femdom-account or use of the Femdom-app at its sole discretion if the User breaches or otherwise fails to comply with the Agreement.
The User agrees and accepts that Femdom is not obliged to retain the Femdom User Data and that Femdom can delete this data if the User has acted contrary to the terms of the Agreement and the User has not corrected this violation within 15 days from date the User has been made aware of this.
Femdom can charge a User a fine of up to 5,000 euros (in words: five thousand euros) for breaching the agreed conditions.
- Acceptance and amendment of Terms of Use, Terms and Conditions and Privacy Policy
The Femdom-app is a mobile phone app to promote and intensify contact between like-minded people in the BDSM world. The App is specifically intended for use by Female Dominants on the one hand and submissives of any (form of) gender on the other hand (“Female Domination” or “FemDom”). To this end, the User (Dominant or submissive) creates an Account in the Femdom app. After creating an Account, the Femdom app makes matching suggestions to the User for like-minded people. Users can thus initiate BDSM-related interaction with each other to varying degrees of privilege and intensity.
The Femdom app can be downloaded and installed from the Google Play Store. The use of the Femdom app is activated by creating a personal Femdom account, through an initial identification of the User. This Agreement is effective once a User has created a Femdom account in the App and is valid for as long as a User has a Femdom account.
A person creating a Femdom-account explicitly agrees with that to Femdom’s Terms of Use, Terms and Conditions and Privacy Policy, which can be found at www.femdomtheapp.com/termsandconditions and www.femdomtheapp.com/privacy.
In the unhoped-for event of a discrepancy between the Terms and Conditions of Femdom and these Terms of Use, the Terms of Use of Femdom will prevail.
The services offered by Femdom, including all updates, improvements, new features and/or the addition of any new web resources, are subject to the Terms and Conditions, the Terms of Use and the Privacy Policy. If a User cannot agree to the terms of the Agreement, he/she must refrain from using the App or the Service and delete the App from his mobile phone.
Femdom is entitled to make changes to the Terms of Use, the Terms and Conditions and the Privacy Policy. The most recent version of these terms and policies will be posted in the Femdom-app under Settings and on the aforementioned Femdom website. The most recent version is always the applicable version; the date from which the conditions apply is always at the bottom of each page of the various conditions (‘valid from:’). If changes are material and may affect the rights or obligations of Users, Femdom will notify the User in advance of these changes by reasonable means, including notification via the Femdom-app and/or by email. If the User continues to use the Femdom-account after the changes take effect, he/she explicitly agrees to the revised Agreement.
- Requirements
The User must be at least 18 years old to create a Femdom-account on the Femdom-app and to use the Service. By creating a Femdom-account and using the Service, the User declares that the User is at least 18 year old. The User also declares and guarantees that when using the App/Service, he/she will comply with all applicable laws, rules and regulations, that he/she has never been convicted and/or suspect for a sexual offense or a criminal offense (or a crime of comparable seriousness) and that he/she has never been refused a Certificate of Good Behaviour of any kind.
Users are solely responsible for all activities that they do or that they let occur with them during or as a result of using the Femdom-account. Users must comply with all applicable laws at all times when using the Femdom-app. Users must immediately notify Femdom of suspected breaches of law, Terms and Conditions, Terms of Use, Privacy Policy or security, of any unauthorized use of a password or Femdom-ID or Femdom-account, or if they suspect copying of content. A User is forbidden to impersonate another User.
- The Account
The Femdom-app can only be used on a modern mobile phone, a so-called smartphone. The telephone and telephone number are important identifiers for Femdom and are inextricably linked to the Femdom-account that is created and used by the User. When creating a Femdom-account, the User will to agree to the terms of this Agreement and the Terms and Conditions, and the User is informed about and will agree to the Privacy Policy. When creating an Account, the User is asked to enter a five-digit PIN code, in order to protect personal details for other Users upon login. To use Femdom, the User must log in using the telephone number with which he/she registered for the Femdom-account and the PIN code entered. If the User is logged out and wishes to log in again, an extra six-digit code will be sent to the registered telephone number that must be entered to continue. This is for security reasons (“two factor authentication”). The User is responsible for keeping the credentials used to log into the Femdom-app confidential, and the User is solely responsible for all activities that take place in the name of those credentials. If the User thinks that someone has accessed his/her Femdom-account, they should report this immediately to members@femdomtheapp.com.
Femdom Vision
One unique aspect of the Femdom app is that – provided for an occasional Pitch, that will be explained below – Female Dominants will always start the conversation and not submissives. In the concept of ‘speak only when you are spoken to’. In this line of thinking, the app is controlled by Female Dominants that with this, for a large part determine the experience of the App.
App Functionality
With a Femdom-account, Dominants can:
create a User and BDSM profile, view the profile details of submissive candidates (and eventually possibly of other Users), determine the order in which submissive candidates are displayed on screen (for example, by order of corresponding fetishes, by age or by distance between respective residences), send instant messages to submissive candidates (and eventually to other Users) and read so-called ‘Pitches’*) from submissives who try to put themselves in the spotlight with these, and respond to them. To intensify interaction, Dominants can send commands to be carried out by submissives, hand out punishments to be fulfilled by submissives, buy/send giftcards, send self-groomed gifts or accept and (anonymously! via Femdom) receive self-groomed gifts from other Users, and see and approach Users who are in the vicinity of the Dominant. For the latter, the User must (temporarily) turn on the Location service of the smart phone for the benefit of the Femdom app during the use of this part of the App.
For all these services, Users – after some initial free Credits – can purchase Credits through the App to pay for the above services (in-App payments through Google Play Store).
With a Femdom-account, submissives can:
create a User and BDSM profile, view the profile details of the top ten matching Dominants (based on the corresponding matching percentage) or of Dominants who have previously sent a chat message (and in time, possibly from other Users), and as a consequence (i) send a so-called ‘Pitch’*) to put themselves in the spotlight with the Domina in question or (ii) send chat messages to Dominants who have sent an initial chat message or responded to a Pitch (and in time, to other Users). To intensify interaction, submissives can/should carry out commands sent by Dominants, fulfil punishments handed out by Dominants, buy/send giftcards, send own-groomed gifts for other Users or accept and receive (anonymously! via Femdom) own-groomed gifts from other Users, and see and approach Users who are nearby in the area of the submissive. For the latter, the User must (temporarily) turn on the smart phone’s Location service for the benefit of the Femdom app during the use of this part of the App.
For all these services, Users – after some initial free Credits – can purchase Credits through the App to pay for the above services (in-App payments through Google Play Store) at small and fair prices.
*) to avoid the usual spamming of Dominants by submissives, a Pitch can only be sent every ten days by a submissive to another Dominant User from their top ten matching Dominants and only once every three months to the same Dominant User, and are a bit more costly to buy. Dominants who receive a Pitch from a submissive have to realise that in fact these are quite special attempts and are asked to treat such Pitch and the submissive who sent it with the required dignity and interest.
In-App Payments and administration of Credits
For further development of the App and for business continuity of the company, the Entrepreneur offers functionalities in the App against payment, in the form of ‘in-App payments’. Users can choose to purchase one or more products or functionalities for a fee if they wish to maintain or expand their interaction with other Users. The greater the quantity of products a User purchases at one time, the cheaper each product or functionality will be. Payments are settled through Google Play Store in the usual way for in-App purchases. Users are also given the opportunity to buy-off the frequent acquisition of products through one once-off payment for the entire remaining lifespan of the App. Products not used immediately are displayed as “Credits”; the User’s balances of Credits for different products is accurately tracked in the App, as well as a record of all transactions made by User.
Anonymity guaranteed
Users choose whether or not to remain anonymous. When logging in, it is recommended to choose a nickname as Username, not the (full) proper name. Other Users will NEVER see the login details of a User – such as telephone number and email address – from Femdom or from the Service. In principle, all traffic via the App can take place intensely but in complete anonymity. Users choose at a given moment whether and when they give up anonymity for another User and reveal their identity. Femdom knows to some extent the details of the identity of each User with an Account, because the Account details are verified in various ways upon registration (phone and email address). Users with misconduct or disrespect can be reported, detected and/or excluded from the App or the Service in this way.
- Changing the Service
Femdom always strives to improve the App and/or the Service and provide additional features that its Users find interesting or useful. This means that new product features or additions may be added from time to time, or features may be removed. If these actions have no material effect on the rights or obligations of Users, they will not be notified of these actions in advance.
- Termination of the Account
An Account can be closed at any time by a User and for any reason. The User must select Close Account in the App for this and confirm closure of the Account. The User is NOT ENTITLED to ANY refund for ANY in-app purchases or balances of Credits.
DELETING THE APP FROM THE PHONE is NOT THE SAME as Closing the Account. If a User deletes the App from the phone, the Account will still be there, for when the App is installed again and the User logs in using the last used log in credentials.
When the Account is set to Closed, the User’s data will remain available for TEN DAYS on the servers of Femdom (or its partners), the so-called “Reflection period”. During the Reflection Period, Users indicating wanting to close the Account can re-activate their Femdom-Account, and restore all original profile data, content and interactions. During the Reflection Period, other Users can still see the Profile of this User, and send messages, yet the User cannot do any other action in the App then to restore the Account or let the Account expire. When the ten day Reflection Period ends without being interrupted by the User, the Closed Account AUTOMATICALLY expires, the User login has become invalid and all data and content of the User is PERMANENTLY DELETED following our Privacy Policy. Other Users can no longer see data or reach a profile for Accounts expired after the Reflection Period.
A Femdom Account is not transferable. All rights to a Femdom Account, its contents and any in-App sales and Credit balances expire from the date and time of death of an Account User.
If a User with an Account has not logged in for one year, the Femdom Account will be terminated, but not before three emails have been sent to the Account email address warning of termination for inactivity.
Femdom may at any time, without notice, terminate a User’s Account and permanently delete data in accordance with the Privacy Policy if Femdom believes that the User has violated this Agreement and any of the referenced documents in any way. Also, for Accounts terminated in this manner, the affected User has NO RIGHT to a refund of any in-app purchases and balances of Credits.
The provisions relating to how Users’ (personal) data is handled – before, during and after termination of the Femdom Account – are explained in the applicable Privacy Policy, which is by reference an integral part of this Agreement.
- Security; interactions with other Users and the User’s own consideration and responsibility
Although Femdom strives to provide a respectful User experience through features such as the opt-in that allows Users to interact with each other more deeply or not, the ability to allow or deny the use of certain features, the ability to block Users and the ability to report (the behavior of) Users and the subsequent investigation by the Femdom Team resulting in possible exclusion of Users, Femdom is NOT RESPONSIBLE in ANY WAY for any behavior of any User in the App or Service or outside of it. Each User must be careful, respectful and responsible during interactions with other Users, especially when remotely giving commands or instructions to Users, when executing commands or instructions, when choosing to communicate outside the Service, or when making arrangements to meet in person.
Before using the Service, the User must read the Femdom Safety Tips below, agree to them and subsequently always follow them up.
SAFETY TIPS:
YOU ARE FULLY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.
YOU UNDERSTAND THAT FEMDOM DOES NOT DO BACKGROUND RESEARCH ON EXPERIENCE, JUDGMENT SKILLS, EXPERTISE, HEALTH AND POSSIBLE PHYSICAL STRAIN OF USERS, DOMINANT ÁND SUBMISSIVE, AND YOU DECLARE THAT YOU WILL ALWAYS CONTINUE TO JUDGE, REFLECT AND THINK THROUGH AT THE POINT OF GIVING OR FULFILLING ASSIGNMENTS OR COMMANDS AND THAT YOU MUST MAKE YOUR OWN JUDGMENT TIME AND TIME AGAIN IF THESE FIT INTO YOUR OWN ABILITIES AND/OR THOSE OF THE OTHER USER AND DO NOT HAZARD YOUR OWN AND/OR THE OTHER USER’S SAFETY.
YOU UNDERSTAND THAT FEMDOM DOES NOT CONDUCT ANY CHECKS INTO ANY CRIMINAL BACKGROUND OF ITS USERS OR CONDUCT ANY OTHER INQUIRY INTO THE BACKGROUND OF ITS USERS.
YOU DECLARE THAT YOUR BEHAVIOR WHEN USING THE SERVICE WILL FIT WITHIN ALL APPLICABLE LAWS AND IN NO WAY WILL BREACH THESE.
FEMDOM MAKES NO WARRANTIES OR STATEMENT ON THE CONDUCT OF USERS.
- Rights that Femdom grants to the User
Femdom grants to the User a personal, worldwide, non-transferable, non-exclusive, revocable and non-sublicensable license to access and to use the App. This license has the sole purpose of allowing the User to use the advantages of the App and/or the Service as intended by Femdom and permitted under this Agreement.
Femdom will initiate an investigation and take legal action in the event of unauthorized and/or illegal use of the App and/or the Service.
- Rights that the User grants to Femdom
By creating an Account in the Femdom-app, the User grants to Femdom a global, transferable, sub-licensable, royalty-free right and a global, transferable, sub-licensable, royalty-free license to host, store, process and display to other Users – partly with User’s specific consent by means of Privacy settings – any information (collectively referred to as “Content”) that the User enters, posts, uploads, displays or makes available in any other way (together referred to as ‘posting’) on the App and/or through the Service. Femdom’s license to User Content is non-exclusive, with the exception of derivative works created by use of the Service. Femdom has an exclusive license for these works. For example, Femdom has an exclusive license on screenshots of the Service that contains the User’s Content. In addition, User gives Femdom authority to act in his/her name with regard to infringing use of the Content via the App and/or the Service by other Users or third parties, in order for Femdom to prevent or prosecute the use of Content outside the App and/or the Service. The User agrees that any Content posted by the User that Femdom is authorized to display on the App may be viewed by other Users and by anyone using, visiting or participating in the Service (including persons receiving shared Content from other Femdom Users).
The User agrees that all information provided, processed and managed after creating an Account is accurate and true and that the User has the right to post the Content on the Service (including but not limited to property rights) and that the User grants the license to Femdom for this purpose.
The User understands and agrees that Femdom can monitor or review Content posted as part of the Service. Femdom may partially or completely remove Content that, in the opinion of Femdom, violates this Agreement or may affect the reputation of the Service or the company.
When the User is in contact with Femdom’s customer service representatives, the User must be respectful and friendly. If Femdom believes that a User’s behaviour toward any of its customer service agents or other employees is threatening, offensive, or inappropriate at any time, Femdom reserves the right to immediately close the Account without refund of any pending membership fees.
In exchange for Femdom’s permission to use the Service, the User agrees that Femdom and its affiliated companies and third parties may place advertisements on the Service, tailored as far as possible to the User’s preferences. By submitting suggestions or feedback to Femdom about the Service, the User agrees that Femdom may use or share such feedback for any purpose, without having to pay a fee. Femdom may decide at its own discretion to reward Users in any form for valuable feedback.
Femdom has access to the Account Information and Content of the User at all times and can make it available to competent authorities if required or required by law, or if Femdom believes in good conscience that such access, storage and disclosure serve a legitimate interest, to: (i) perform the Agreement; (ii) comply with legal procedures; (iii) respond to claims that any Content violates the rights of third parties; (iv) conduct investigations based on the reporting of inappropriate behaviour by a User, (v) respond to your customer service requests; or (vi) protect the rights, property or personal safety of a User, the Entrepreneur and its employees and partners or any other person.
- Community guidelines.
The User is not allowed:
– to mention falsehoods in the profile;
– to start more than one profile;
– to inflict damage or hindrance to other Users of the Femdom-app;
– to inflict damage or hindrance to others by the use of the Femdom-app or the Service;
– to involve or display individuals under the age of 18 in the Content, even with their permission
– to make racist or offensive statements;
– to post content from or about or with others without their explicit, voluntary permission or which has been created by or with others on an involuntary basis;
– to post content that can be classified as hate speech, discriminatory and threatening;
– to disclose, reproduce or otherwise (re)use information from another User’s profile in any way without expressly registered permission from the User concerned;
– to request passwords for any purpose, or to use personally identifiable information of other persons for commercial or illegal purposes or any other use than the intended use in the App and/or the Service, or to distribute personal information of someone else without his or her explicit permission;
– to use another User’s Account, share an Account with another User or have more than one Account;
– to give login details to third parties or use login details of others; login details are always strictly personal;
– to use the Service or content in the Service for any commercial reason without the prior explicit written permission of Femdom;
– to in whatever manner copy, adapt, transfer, create derivative works of to use or reproduce copyrighted material, images, ideas, functionalities, trademarks, trade names, service marks, or other intellectual property or content or sensitive information accessible through the Service, without the prior written permission of Femdom;
– to use robot, bot, spider, crawler, scraper, applications for searching/finding websites, proxy or any other manual or automatic device, method or process to view, retrieve or index User data, ‘data mining’, or in any way reproducing or circumventing the navigation structure or presentation of the Service or its content;
– to use the Service in a manner that may interrupt, disrupt or adversely affect the Service or the servers or networks connected to the Service;
– to upload viruses or other malicious codes or otherwise compromise or circumvent the security of the Service;
– to manipulate headers or otherwise manipulate identifiers to disguise the origin of information transferred to or through the Service;
– to ‘frame’ or ‘mirror’ or ‘deep link’ the Service or any part of the Service without Femdom’s prior written approval;
– to use meta tags or code or other devices that contain references to Femdom or the Service (or any Femdom trademark, trade name, service mark, logo or slogan) to refer someone to another website for any purpose;
– to adjust, modify, copy, sublicense, translate, sell, reverse engineer, decrypt, decompile, or otherwise disassemble the Service or any part of the Service, or have others do this;
– to use or develop third party applications that work with the Service or its Content or information and that of other Users without the written permission of Femdom;
– to use, access or publish any Femdom application programming interface (‘API’) without the prior written permission of Femdom;
– to apply the Service for anything that is illegal or prohibited;
– to spam users, to extort money, or to defraud users;
– to imitate a person or entity, to impersonate another person or entity, or to post pictures or logos of another person or entity without his or her prior written permission;
– to use or open another or new Account after Femdom has terminated a previous Account of this person;
– to violate these Community Guidelines, which are regularly updated and published on the website www.Femdomtheapp.com.
At Femdom we feel the foundational truths underpinning BDSM are the ones of mutual consent and trust; Femdom will take action against any User breaching either of these foundational concepts and therefore harms other people and the image of BDSM in general and of Femdom in particular.
Femdom reserves the right to investigate and/or terminate a User’s Account without refund of any purchases and/or membership fees in the event of suspicion that the User has acted in violation of the terms of the Agreement, made abuse of the App and/or the Service or has behaved in a manner that Femdom considers inappropriate or illegal, including actions or communications that occur both within and outside the App and/or the Service.
- Content of other Users
While Femdom reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the User posting this Content. Femdom is neither responsible nor liable for the Content of Users and Femdom cannot guarantee that all Content will comply with this Agreement. If a User finds Content on the Service that violates the Agreement, this must be reported immediately via the appropriate contact form on the website (www.femdomtheapp.com/contact) or via email to members@femdomtheapp.com.
- Purchases
In general
As part of the Service, Femdom will offer products and services for sale (including but not limited to “in-app purchases”), through the usual Google app payment method via the Google Play Store, yet also potentially using other billing and payment platforms or methods approved by Femdom. If the User chooses to make an in-app purchase, the User will be asked to confirm the purchase, and will then use the payment method specified by which the in-app purchase will be charged at the price shown to the User for the product or service selected by the User, including any taxes, and authorizes the User Femdom – or third party supplier, if and when applicable – to charge the User the amount for the product or service.
After each payment, the User receives a confirmation in the App, in the Payment Info screen in the User Account section of the App. Objection to a debited payment should be directed to members@femdomtheapp.com.
Femdom Credits – additional use and provisions
From time to time, the User may use personal “Credits” in the Service. Credits can be earned by a User by performing certain activities as part of the Service, can be transferred from one User to another User as part of the use of the Service, or can be purchased (in-App) for a fee. Credits can be used for example to buy off User-obligations that have arisen in the course of using the App and/or the Service or to purchase products and services in the App and/or the Service. Each Balance of Credits displayed in an Account is not a real-world balance and does not reflect a stored value, but is instead a measure of the extent of the right to purchase certain entire, or discounted, products or services within the Service. Credits do not incur costs for non-use, but the right granted to the User in the form of Credits will terminate immediately in accordance with the terms of this Agreement when Femdom ceases to provide the Service or an Account is closed or terminated. Femdom, in its sole discretion, reserves the right to charge a fee for the right to access or use Credits and/or to distribute Credits with or without charge. Femdom can manage, regulate, check, change, stop or eliminate Credits at any time. Femdom is not liable to the User or a third party in the event that Femdom exercises such rights. Credits can only be redeemed through the Service.
ALL PURCHASES AND BUY-OFFS OF CREDITS OR BY MEANS OF CREDITS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. THE USER ACKNOWLEDGES THAT IN NO EVENT SHALL FEMDOM BE REQUIRED TO PAY A REFUND FOR ANY USED OR UNUSED CREDITS AND THAT THE USER WILL NOT RECEIVE ANY MONEY OR ANY OTHER COMPENSATION FOR UNUSED CREDITS WHEN AN ACCOUNT IS TERMINATED WHEITHER OR NOT THIS WAS VOLUNTARILY. PURCHASES OF AND PURCHASES WITH CREDITS ARE FINAL AND NON-REFUNDABLE.
- Notice and Procedure for Making Claims of Copyright Infringement
If a User or a third party suspects that his/her work has been copied and posted on the Service in a manner that could be considered copyright infringement, the User or third party can issue a claim and must provide Femdom with the following information:
- a description of the copyrighted work that the User or third party believes has been infringed;
- a description of where the material that the User or third party believes has been infringed can be found on the Service (such a description should be reasonably sufficient to allow Femdom to locate the allegedly infringing material);
- one or more supporting documents proving the copyright;
- contact details including first name/last name, address, telephone number and e-mail address (as well as nickname in Femdom in the case of a User);
A notice of copyright infringement claims should be sent to the Femdom copyright officer at legal@Femdomtheapp.com.
Based on the submitted documents, Femdom will investigate the claim of copyright infringement and will immediately terminate the Accounts of Users who continue to infringe copyrights after a first request.
- Disclaimers
FEMDOM DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE AND ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE REPAIRED OR (C) ANY CONTENT OR INFORMATION THAT USER OBTAINES FROM OR BY THE SERVICE WILL BE ACCURATE.
FEMDOM SHALL NOT BE RESPONSIBLE FOR ANY CONTENT THAT ANY USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE; ANY MATERIAL THAT IS DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS USED AT OWN CONSIDERATION AND AT OWN RISK OF THE USER.
FEMDOM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER VOLUNTARY, ORDERED OR PROVOKED, BY ITS USERS, BOTH IN THE ONLINE AND IN THE OFFLINE ‘REAL’ (ACTUAL) WORLD.
- Third party services
The Service may contain advertisements or promotions offered by third parties and links to other websites or resources. Femdom is not responsible for the availability (or lack of availability) of such external websites or resources. If the User chooses to communicate with third parties through the Service, such party’s terms and conditions govern their relationship with the User. Femdom is not responsible or liable for the conditions or actions of such parties.
- Limitation of Liability
The liability that Femdom accepts is limited to cases of damage as a result of intent or gross negligence on the part of Femdom, being damage that can be considered as an immediate and clear consequence of the non-fulfilment or defective performance by Femdom. Femdom is never liable in case of unauthorized access to the Account, unauthorized modification or disclosure of the content thereof.
Femdom’s liability for damage arising from or related to the performance of the Agreement is limited to the amount paid out by its insurance in the relevant case. If no payment is made under the insurance, then liability is limited to the total amount of inApp purchases paid by the User during the previous twelve months counted until the moment of notification of the damage by the User.
The User is liable to Femdom for damage resulting from a shortcoming by the User in the fulfilment, for example as a result of a violation of the provisions of the Terms of Use or other instructions, including but not limited to the provision of incorrect or unauthorized information, unless this shortcoming cannot be attributed to the User.
Femdom focuses solely on matching Users of the Femdom-app and supporting interaction between Users in the Femdom-app, but cannot guarantee and is never responsible for the course of the contacts and activities that arise from it. FEMDOM IS NEVER LIABLE FOR DAMAGE AND/OR EVENTS THAT TAKE PLACE BETWEEN AND ON THE SIDE OF USERS, WHICH HAVE BEEN INITIATED VIA THE FEMDOM-APP. Any event and/or incident that occurs between the Users is not the responsibility and liability of Femdom.
FEMDOM IS NOT RESPONSIBLE FOR FINDING A SUITABLE CONTACT AND CANNOT GUARANTEE THE SUCCES OF MATCHING USERS. If Femdom does not yield the desired result in the opinion of the User, there is no right to refund of payments for products or services through or outside the App and/or the Service.
Femdom is not liable for shortcomings and/or errors that have arisen through activities, services or products of third parties and suppliers that Femdom engaged.
Services such as those provided by Femdom may due to circumstances be subject to limitations, delays and other issues inherent in the use of the internet and electronic communications. Femdom is not responsible for delays, malfunctions, interruption in delivery or other damage resulting from these issues.
If Femdom is held liable for compensation for damage suffered by a third party in connection with the use of the Femdom-app by a User, this User is expressly obliged to indemnify Femdom against this claim.
Femdom is at all times entitled, if and insofar as possible, to rectify any damage a User occurred. This also includes Femdom’s right to take measures that can prevent or limit any damage.
- Applicable law / mediation clause
This Agreement and any dispute between the User and Femdom are governed by Dutch law.
If a dispute arises about the execution of this Agreement, parties will attempt to resolve the dispute using Mediation in accordance with the Dutch MfN (Mediatorfederatie Nederland) Regulations. A dispute is present if one of the parties indicates in writing to the other party that this is the case; from User to Femdom: to
ConsumerApps B.V.
Herengracht 420
1017BZ Amsterdam
The Netherlands
or alternatively via email at: legal@femdomtheapp.com
Because Femdom does not always know the addresses of its Users, a notification of dispute to User goes via the App-account or via the indicated e-mail address of the User.
Parties will jointly appoint an MfN mediator within a period of 14 days after the dispute has been established. If no solution is found to the dispute through Mediation, both parties are free to submit the dispute to the competent court. Disputes can only be brought before the competent court in Amsterdam.
- Entire Agreement; other
This Agreement, including these Terms of Use (and its the Safety Tips and Community Guidelines) together with the Terms and Conditions and the Privacy Policy, and that have been disclosed to the User and accepted by the User when entering into the Femdom-account or purchasing additional products or services offered or involved through the Service, contain the entire Agreement between the User and Femdom regarding the use of the Femdom-app. In the event that a clause in the Agreement should be null or void, the other provisions will continue to apply. To the void or voided clause the most corresponding meaning will be attributed, to which appeal can be done. User and Femdom will then enter into consultation in order to agree on a new clause to replace the null and void or voided clause, whereby purpose and tenor of the original clauses will be observed as much as possible.