The website is administered by Vionette LTD, a company incorporated under the laws of Cyprus with registration number: 644923 and registered at Evagora Papachristoforou, 4, Themis Court, Office1, Agios Nikolaos, 3030, Limassol, Cyprus, herein referred to as "the Company", "the Administration", "we" or "our" and "you" or "your" refers to you as a user of our website. We refer to our website as Vionette or the "website" which is accessed via the URL (vionette.net).
TERMS OF USE FOR ALL USERS
The Terms of Use ("Terms") for all Users govern your use of our website and your agreement with us.
1. Terminology :
- "Content" means any material uploaded to our website by any User (whether a regular User or a Creator), including any photos, videos, audio (e.g., music and other sounds), live streaming material, data, text (e.g., comments and hashtags), metadata, images, emoticons, GIFs, and any other material;
- "User" means any user of our website, including Creator, whose purpose is to view content created by Creator.
- "Creator" means a User who has registered an account on our website as a Creator to post Content on our website and for other Users to view the Content;
- "Payment" means any transaction between the User and Creator on the Website through which access to Creator Content is provided, including by any of the following means: (i) subscription to a Creator profile, (ii) payments made by the User to view specific Creator Content with payment for access to a single unit of Content;
- "Subscription" means the User's subscription to the Website (paid or free, for one month with automatic renewal and the ability to suspend the subscription at any time);
- "Token" is Vionette internal virtual currency used for the purpose of payment by Users for content created by the Creator;
- "Creator Revenue" means any revenue received by the Creator from User payments in the form of Tokens.
2. Account Registration:
2.1 Registration. You can use our website without creating a User account. However, you won`t be able to enjoy the benefits of registered User. If you decide to register as a User, you will get access to chatting in dedicated rooms. In order to register, you must provide a valid email address, username and password.
To register as a User:
- you must be at least 18 years of age or over any other age of majority provided for in your country of residence and you will be required to prove it;
- if the laws of the country or state/province where you live provide that you can only be legally bound to contract with us if you are over the age of 18, you must be of the appropriate age to be legally bound to contract with us under the laws of the country or state/province where you live; and
- under the laws of the country or state/province where you are located, you must be authorised to use our website and view any Content available on it and to use any features it provides.
If you do not meet the above requirements, you must not use our website.
2.2 Subscription
- You can subscribe to the Creator's Content. Subscription can be made by purchasing Tokens and then paying with these Tokens for the Creator's Content.
- Please note that if you have subscribed to Creator Content, you will be able to cancel your subscription at any time. However, your current subscription will remain in effect for the purchased period. Cancellations will only take effect from the next subscription period. Once you cancel your subscription, access to Creator Content will remain available for the entire period for which the original payment was made.
3. Your obligations to us:
When you register and use our website, you undertake the following obligations to us:
- If you previously had an account, you acknowledge that your old account has not been deleted or suspended by us because you violated any of our terms or policies.
- You warrant that all information you provide to us is true, accurate and complete.
- You will promptly update any information provided to us as it changes.
- You consent to receive communications from us electronically, including via email and in messages posted to your account, and to the processing of your Personal Data as more fully described in our Privacy Policy.
- You will keep your account information, including user details, passwords, and any other information that is part of our security procedures, private and secure, and you will not disclose it to anyone else. You must contact support@vionette.net immediately if you believe that someone has used or is using your account without your authorization or if your account has suffered any other breach of security. You also agree to log out of your account at the end of each session and to use extreme caution when accessing your account from a publicly accessible computer so that others cannot access, view, or record your password or other Personal Information.
- You are responsible for all activities on your account, even if, contrary to the Terms, someone else uses your account.
- You agree to fully comply with these Terms, our Acceptable Use Policy, and all other parts of the Terms.
4. Our rights:
- We may moderate any of your Content to verify compliance with the Terms and/or any applicable law.
We reserve the right to suspend access to any Content you post on our website that we become aware may not comply with the Terms or any applicable law while we investigate the alleged non-compliance or illegality of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at support@vionette.net.
Following our investigation into the alleged inappropriateness or illegality of the relevant Content, we may take any action we deem appropriate, including restoring access to the Content or permanently removing or disabling access to the relevant Content without the need to obtain any consent from you and without prior notice to you. You agree that you will promptly provide us with all reasonable assistance (including by providing us with copies of any information we request) in our investigation.
We will not be liable for any losses incurred by you as a result of suspending access to your Content or any other steps we take in good faith to investigate any alleged inappropriateness or illegality of your Content under this section.
- If we suspend access to your Content or remove it, we will notify you by email or electronic message in your account.
- We reserve the right, in our sole discretion, to terminate your agreement with us and restrict your access to our website for any reason by giving you 30 days' notice by email or electronic message in your account. We may also suspend access to your user account or terminate your agreement with us and your access to the website immediately and without notice:
- if we believe that you have breached any part of the Terms (including, without limitation, our Acceptable Use Policy), or if we have reason to believe that you may breach any part of the Terms in a way that could have serious consequences for us or another User; or
- if you take any action that we believe has caused or is likely to cause us to suffer loss or otherwise damage Vionette reputation.
- During any period when access to your User account is suspended, any amount of Tokens held in your User balance may be withheld until access to your account is resumed.
- We may investigate any alleged misconduct, abuse or unlawful use of our website and cooperate with law enforcement authorities in such investigation.
- We may disclose any information or records in our possession or control about your use of the Website to law enforcement authorities in connection with any law enforcement investigation of any suspected illegal activity, to protect our rights or legitimate interests.
- We may change the third-party payment providers used to process payments, and if we do so, we will notify you and store the relevant details in your account.
- With the exception of Content (which is owned by or licensed to Creators), all rights in the website and all content, features, databases, source code and functionality belong to us and/or our licensors. Such material is protected by copyright and may be protected by trademark, trade secret and other intellectual property laws.
- We are the sole and exclusive owners of any and all anonymised data relating to your use of our website and such anonymised data may be used by us for any purpose, including for commercial, development and research purposes.
5. Limitation of our liability:
- When Content is published by Creators, the Content is not pre-moderated.
- We do not grant Users any rights with respect to the Content. Any such rights may only be granted by the Creator.
- Your Content may be viewed by persons who recognise your identity. We will not be liable to you in any way if you are identified by your Content.
- All Content is created, selected and provided by the Creators and not by us. However, we are responsible for reviewing and moderating Content. Any Content that violates these Terms will be immediately removed and access to the account from which such Content was posted will be immediately restricted.
- We make no promises or guarantees of any kind that Creators will receive any amount of tokens as a result of using our website.
- The materials we make available to Users are for general information only. We make no promises or warranties as to the accuracy of such materials or that Users will obtain any particular result or outcome from the use of such materials.
- We are not responsible for any errors in your connection, device or other hardware or software that may arise from your use of our website.
- We are not responsible for any lost, stolen or compromised user accounts, passwords, email accounts or any subsequent unauthorised activity or unauthorised payments or withdrawals.
- You acknowledge that once your Content is posted, we have no control over, and will not be liable to you for, the use of such Content by other Users or third parties. You may delete your account at any time, but you acknowledge that deletion of your account will not, in and of itself, prevent the distribution of any of your Content that may have been recorded by other Users in violation of the Terms or by third parties prior to the deletion of your account.
6. Intellectual property rights:
- You confirm that you own all intellectual property rights (examples of which are copyrights and trademarks) in your Content or that you have obtained all necessary rights in your Content necessary to grant licences in respect of your Content to us and other Users. This includes any rights necessary to engage in the activities contemplated by these Terms in any territory in which our website is available, and in particular in the United States of America, the United Kingdom and the European Union.
- You agree to grant us a licence in respect of all of your Content to perform any act, limited by any intellectual property rights (including copyright) in such Content, for any purpose reasonably related to the submission and our work. Such acts include reproducing, making available and communicating to the public, displaying, performing, distributing, translating and creating adaptations or derivative works of your Content, and otherwise dealing with your Content.
- The licence you grant to us under the subsection above is perpetual, non-exclusive, worldwide, royalty-free, sub-licensable, assignable and transferable by us. This means that the licence will continue even after your agreement with us expires and you stop using our website. We do not have to pay you for the licence after your business relationship with us has ended and we reserve the right to sub-licence your Content to someone else or to assign or transfer the licence to another person. This licence will allow us, for example, to add stickers, text and watermarks to your Content, to make your Content available to other Users, and to use your Content for other normal operations. We will never sell your Content to other platforms, although we may sell or transfer any licence you grant to us under the Terms of Service in the event of a sale of our company or its assets to a third party.
- Although we do not own your Content, you grant us a limited right to send notices of infringement (including copyright or trademark infringement) on your behalf to any third-party website or service that hosts infringing copies of your Content or otherwise deals with infringing copies without your permission. Although we are under no obligation to do so, we may at any time post or withdraw any such notice on any third-party website or service as we deem appropriate. However, we have no obligation to stop infringement of your Content. You agree that, if we request, you will provide us with all consents and other information that we reasonably need to send infringement notices on your behalf.
7. Deleting an account:
If you want to delete your account, you can do so in the User Account section of your account:
- If you are a User, deletion of your account will occur within a reasonable time after your request.
- If you are a Creator, once you initiate the "account deletion" process, your account will remain open until the last day of your Subscribers' paid subscription period, at which time you will receive your final payment and your account will be deleted.
- Once your account has been deleted, you will not be able to access your former account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive a confirmation email once your account has been successfully deleted. Once your account has been deleted, we may treat your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be authorised to access your Content. We have no technical means to allow you to access your Content after your account is terminated.
8. Liability for any loss or damage incurred by you:
- We do not in any way exclude or limit our liability to you where this is contrary to applicable law. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or wilful misrepresentation.
- If you are either registered or unregistered User, you agree that:
- We and our affiliates shall not be liable to you for any lost profits, loss of business or revenue, business interruption, loss of business opportunity or loss of anticipated savings incurred by you as a result of or in connection with your use of our website.
- By using our website, you agree that we and our affiliates, employees, owners, representatives and agents:
- exclude (to the extent permitted by law) all implied conditions, warranties, representations or other terms that may apply to our business or any content. This means that if the Terms of Service do not expressly include our promise or undertaking, they cannot be implied by law;
- shall not be liable to you for any loss or damage suffered by you or our failure to exercise reasonable care;
- will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising out of or in connection with:
- your inability to use our website or any of its services, features or programmes; or
- your use of or reliance on any Content distributed through our website;
- We will not be liable to you for:
- lost profits;
- loss of sales, business or revenue;
- business interruption;
- loss of expected savings;
- loss of business opportunity, goodwill or reputation;
- loss of data or information, including any Content; or
- consequential loss or damage;
- We will not be liable to you for any loss or damage caused by a distributed denial of service attack, viruses, malware, ransomware or other technologically harmful viruses that may infect your computer equipment, computer programmes or data due to your use of our website or any of its services, features or programmes, or due to your downloading of any material posted on it or any website linked to it;
- We will not be liable to you if your Content is copied, distributed, republished elsewhere or its copyright is infringed by other Users or any third party;
- We shall not be liable to you for any disclosure of your identity or any disclosure or publication of your personal information by other Users or third parties without your consent;
- We will not be liable to you for any failure or delay on our part in complying with any part of the Terms arising from events beyond our reasonable control. If we suffer any failure or delay in complying with any part of the Terms arising from an event beyond our reasonable control, we will contact you as soon as possible to let you know and we will take steps to minimise the impact of the delay.
9. General provisions
You agree that:
- If any aspect of your agreement with us is unenforceable, the other provisions will remain in force;
- If we are unable to enforce any provision of your agreement with us, this will not be a waiver of existing rights;
- We reserve all rights not expressly granted to you.
- You are not granted any licence or other rights in relation to any part of our website except as expressly set out in the Terms of Use.
- You may not assign your rights or obligations under your agreement with us without our prior written consent.
- Our rights and obligations under your agreement with us may be assigned or transferred by us to others. For example, this may occur in the event of a change in our corporate structure (such as a merger, acquisition or asset sale) or by operation of law. In addition, we may delegate the performance of any of our obligations under our agreement with us to any third party, but we will be liable to you for the performance of such obligations.
- These Terms constitute the entire agreement between us and you regarding your access to and use of our website and supersede any and all prior oral or written understandings or agreements between us and you.
10. Conditions relating to complaints and disputes:
- Your agreement with us is governed by the laws of Vionette LTD and this law will apply to:
- (i) any claim you have arising out of your agreement with us or your use of our website, and
- (ii) any claim we have against you arising out of your agreement with us or your use of our website (including, in both cases, non-contractual disputes or claims).
- If you have a complaint about the Company (including a complaint about Content posted on our website or User behaviour), please send your complaint to support@vionette.net with your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL of the Content to which your complaint relates.
- If you are unable to contact us by email, please write to us at Evagora Papachristoforou, 4, Themis Court, Office1, Agios Nikolaos, 3030, Limassol, Cyprus.
- Complaints Handling Procedure:
- a) Upon receipt of a complaint, we will take steps to address the substance of your complaint within a reasonable time;
- b) If we need additional information, we will request it from you;
- c) In the case of a complaint about Content, if we conclude that the Content violates our Terms, we will remove such Content and notify you through the means of communication you used to make the complaint that the Content does not violate our Terms, we will also notify you;
- d) In all other cases, we will take sufficient and reasonable steps to address your complaint and notify you of the action taken;
- e) We are under no obligation to inform you of our actions in connection with your complaint.
- You warrant that you will not file frivolous complaints. If we determine that you are in breach of this warranty, we may suspend or block your Account.
11. Terms and conditions relating to refunds.
In order to avoid fraudulent behaviour, we do not provide refunds of funds paid by Users for Tokens under any circumstances.
For the avoidance of doubt, we do not provide refunds in cases where:
- If you have purchased a Token accidentally, inadvertently, by your own mistake or for any other reason if your Purchase was not of your own free will.
- If someone other than you purchased a Token using your Account and the payment method you provided;
12. Changes to the Terms and Conditions:
- We may change any part of the Terms and Conditions without notice in the following cases:
- To reflect changes in laws and regulatory requirements that apply to us and our services, features and programmes, if such changes require us to modify our terms and conditions in a manner that does not allow us to notify you in a reasonable time;
- To address an unforeseen and imminent danger associated with protecting our website, Users or Creators from fraud, malware, spam, data breaches or other cybersecurity risks.
- We may also make other changes to any part of the Terms and we will notify you of such changes by email or through your account, and you may contact us to terminate your agreement with us before the changes take effect. Once any updated Terms become effective, you will be deemed to have agreed to such changes if you continue to use our website.
- We may update and modify our website from time to time for any reason, including to reflect changes in our services, User needs and our business practices or to improve performance, functionality or security.
- We will endeavour to notify you of any material changes in a timely manner. We do not guarantee that our website or any of its Content will always be available or accessible without interruption. We may suspend or limit the availability of all or any part of our website for business or operational reasons. We will endeavour to notify you within a reasonable time of any suspension or withdrawal if it affects you.
ACCEPTABLE USE POLICY
In this Policy, terms have the same meanings as in our Terms of Use.
General rules of usage:
- Use of our website is for personal use only. You may not sell, rent, lease, transfer or share your account or any Content you receive as a result of your use of our website to or with anyone else.
- Use our website only in a manner and for purposes that are lawful.
- Do not use our website in any manner that may exploit, damage or attempt to exploit or damage any person under the age of 18 or under the other age of majority provided for in your jurisdiction, such as by exposing them to inappropriate Content.
- Do not use our website to harass, bully, abuse, abuse, harass, threaten or intimidate anyone else.
- Do not use our website for misleading activities or activities that may mislead or deceive any other User.
- Respect the intellectual property rights of the Creators, including by not recording, reproducing, sharing, publicising or otherwise distributing their Content without permission.
- Do not do anything that violates our or anyone else's rights, including intellectual property rights (examples of which include copyrights, trade marks, confidential information and business reputation), personal rights, unfair competition rights, privacy and data protection rights.
- Do not impersonate us, one of our employees, another User or any other person or company.
- Do not provide false account registration information or make unauthorised use of anyone else's information or Content.
- Do not post or initiate the posting of any Content that is spammy, which has the purpose or effect of artificially increasing views or interactions of any Creator, or which is otherwise inaccurate, repetitive, misleading or of poor quality.
- Do not transmit, broadcast or send any pre-recorded audio or video material during a live broadcast or otherwise attempt to pass off recorded material as a live broadcast.
- Do not use other means or methods (such as using code words or signals) to communicate anything that violates this Policy.
- You may not reproduce, print, distribute, attempt to upload, modify, create derivative works of, publicly display, publicly perform, republish, upload, store or transmit any Content except as permitted by the Terms of Service.
- Do not knowingly add any viruses, trojans, worms or other material to the Content that is or may be malicious or technologically harmful.
- Do not decompile, disassemble, reverse engineer, reconstruct or otherwise attempt to discover or obtain the source code of our site.
- Do not use our website in a manner that could adversely affect our security systems or interfere with any other User's use of the website, including their ability to engage in real-time activities through the website.
- Do not use any automated programmes, tools or processes (such as search engine robots, robots, bots, spider programs and automated scripts) to access our website or any server, network or system associated with our website.
- Do not use Vionette name, logo or any related or similar names, logos, product and service names, designs or slogans except in limited instances that are expressly permitted in these Terms or with our prior written agreement.
- Violation of this Policy may result in the suspension or termination of your account and cancellation of access to your earnings as set forth in the Terms of Service.
Do not upload, display or post Content:
- That is illegal, fraudulent, defamatory, hate speech, discriminatory, threatening or harassing, or that encourages or promotes violence or any illegal activity.
- Which shows, includes, or relates to:
- Any person under 18 years of age (or what applies to persons under 18 years of age generally) or if the person is a U.S. citizen the applicable age established in the U.S.;
- To any other person, unless you have written documentation that all persons shown or included or referred to in your Content are at least 18 years of age, or other age applicable in their jurisdiction, and you have each person's written consent to use their name or images (or both) in the Content;
- Shows, promotes, advertises or links to:
- Firearms or any goods that are subject to prohibitions or restrictions on sale, possession or use;
- Drugs or drug paraphernalia;
- Self-mutilation or suicide;
- Incest;
- Bestiality;
- Violence, rape, lack of consent, hypnosis, intoxication, sexual violence, torture, sadomasochistic violence or hardcore slavery, extreme fisting or genital mutilation;
- Necrophilia;
- Urine, coprophilia or faeces;
- "Revenge porn" (which is any sexually explicit material involving any person who has not given prior, express and fully informed consent for that material (a) to be taken, captured or otherwise immortalised, or (b) to be posted and distributed on our website);
- Escort services, sex trafficking or prostitution;
- Contains objectionable sexual content or language that sexually objectifies another User or anyone else without consent, or contains false or fabricated sexual content about another User or anyone else (including "deep fakes");
- Contains, promotes, advertises or refers to hate speech (being Content intended to denigrate, demean, dehumanise, exclude, attack, threaten or incite hatred, fear or violence against a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender, gender identity or expression, sexual orientation, age, disability, serious illness, veteran status or any other protected characteristic);
Contains or refers to anyone's personal data or personal or sensitive information (such as telephone numbers, location information (including addresses and GPS coordinates), names, identity documents, email addresses, account login credentials including passwords and security questions, financial information including bank account and credit card details, biometric data and medical records) without that person's express written consent;
Or:
- In the case of Content depicting public nudity, it was recorded or broadcast from a country, state or province where public nudity is illegal
- In the case of Content that narrates sexual activity, it has been recorded or broadcast from a public place where members of the public are reasonably likely to see the acts being performed (this does not include outdoor locations where members of the public are not present, such as private property such as a private backyard or secluded areas in nature where no members of the public are present).
- Give the impression that they are sourced or endorsed, licensed or approved by us or any other person or company;
- Causes or is calculated to cause inconvenience or distress to someone else, or which is likely to upset, embarrass or seriously harm someone else;
- Used or intended to be used to obtain money or other benefit from someone else in exchange for removing Content; and/or
- Includes or promotes third-party commercial activities or sales such as contests, sweepstakes and other sales incentives, product placement, advertising or job postings or advertisements, without our prior express consent.