Article 1. | Definitions
These Terms and Conditions and the Privacy Conditions use the following terms, always capitalized, which have the following meaning.
Terms and Conditions:
these Terms and Conditions of Use;
GREEN LIGHT concepts B.V., the user of these general Terms and Conditions,
with its registered office and principal place of business situated at Stationspark 805, 4462 DZ Goes, the Netherlands, (Chamber of Commerce number: 71815198);
the exclusive owner, administrator and commercial operator of the Website, Divinetion PTE LTD, Singapore, Company registration nr. 201732391E;
the platform developed by GL presented on the Website where the chat- and entertainment services are offered;
Services of the Company:
the chat- and entertainment services that are offered to the Member by using the Services through the Website;
anyone who visits the Website, whether or not a Member;
anyone who has become the Member of GL or who intends to become a
each agreement concluded between GL and the Member for the use of
material submitted for placement on the Website, such as public member profile information, texts, photos, videos and SMS and/or online messages sent by the Member, responses, photos and videos;
material on the Website originating from the Company, at least not from GL, such as fictitious characters, notifications, texts, videos, audio, messages, photos or other images originating from the Company;
the virtual currency used on the Website to pay for Premium access;
the code provided by GL to the Member, with which the Member gains access to the Website;
the free Membership of the Website, whereby the Member can access the Website and make limited use of the Services;
placing Content on the Website or sending Content that violates the (privacy) rights of others, such as sending unsolicited commercial messages and spam, making grievous or offensive statements, infringing on intellectual property rights or disclosing or reproducing material without the permission of the copyright owner;
the paid Membership of the Website whereby, by purchasing Credits, in addition to Free Access to the Website, the Member can also make full use of the Services.
Article 2. | General Terms and Conditions
These Terms and Conditions apply to every visit to the Website, every offer from GL for the provision of Services and any Membership concluded. Visitors who do not register as a Member are therefore also bound by these Terms and Conditions. These Terms and Conditions and the Privacy Conditions regulate the contractual relationship between the user and GL and therefore include the legal agreement between GL and the Visitor. The version that was valid at the time of conclusion of the agreement is decisive.
The Visitor must read these Terms and Conditions carefully to ensure that he/she understands these Terms and Conditions. By using the Website, the Visitor agrees to be bound by these Terms and Conditions and the Privacy Conditions. These Terms and Conditions and the Privacy Conditions will be published on the Website and can be consulted on each visit to the Website.
If the Visitor does not agree with these Terms and Conditions and the Privacy Conditions, he/she must immediately stop using the Website.
Any stipulations deviating from these Terms and Conditions are only legally valid insofar as they have been accepted by GL in writing. Arrangements that deviate from these Terms and Conditions, in particular the trading terms and conditions of the Visitor, are therefore only a valid part of the contractual relationship if GL confirms their validity in writing. This also applies to any additional agreements made by employees of GL.
Article 3. | Offer and conclusion of Membership
The Membership is concluded by the Member by completing the registration form on
the Website and returning the form via the Website after which GL verifies the email
address. The membership is definitive when Member agrees to the terms and
conditions and the privacy statement by placing the first checkmark and the second
checkmark with which member acknowledges the entertainment purpose of the
Upon registration, the Member is obliged to provide all the information requested by
the Website truthfully and accurately.
Each Membership is personal and cannot be transferred to third parties.
To be able to use the Website and the Services, the Member must have reached the
age of adulthood that applies in the jurisdiction of the Member (either 18 or 21
years). The Member guarantees that he/she has reached the age of adulthood that is
applicable in his/her jurisdiction. GL accepts no liability for unlawful use of the Website
and the Services.
Article 4. | Price and payment
The Member obtains a Free Access Membership upon registration.
If the Member wishes to communicate with other Members or wishes to use the Services in full, then the Member must upgrade his/her Membership to Premium Access. The Member must purchase Credits for this via the Website. The amounts stated on the Website for the purchase of Credits include sales tax.
The costs for the use of data and SMS services by the Visitor in connection with his/her use of the Website will be charged to him/her. GL is not liable for any costs charged to the Visitor by the telecom provider of the Visitor.
By completing and sending the payment form on the Website, the Member authorizes GL to debit the amount owed from the bank account or credit card of the Member. If, after receipt of the payment form by GL, the amount owed by the Member cannot be collected or collected in full via the payment method selected by the Member, the Premium Access to the Services will lapse.
If a payment is reversed by the Member or if the automatic debiting of a bank account or credit card of the Member is not successful for another reason, this means that the Member is in default of fulfilment of his/her payment obligation. This will create extra costs that can be charged to the Member in addition to the principal sum. If payment is not forthcoming, the Member will first be sent a further demand for payment within 14 days at no additional cost, after which a debt collection agency will be called in. If a debt collection agency is called in, the Member is liable to pay the collection costs determined by law (in the Netherlands this is € 40.00). If the debt collection agency cannot collect the amount owed by the Member, legal measures can be taken, the costs of which are also payable by the Member.
Credits are valid for a maximum of 12 months after purchase. Credits that are 12 months old or older may be deleted from the personal account of the Member.
Credits are never transferable to third parties and can never be exchanged for money. Credits can only be redeemed through the Website.
GL can change the rates for Credits at any time, on the understanding that this has no influence on transactions for the purchase of Credits that have already been concluded.
GL may also unilaterally extend, limit or withdraw the right to use the Services, on the understanding that this does not pertain to the Services for which the Member has already paid and in respect of which he/she still has non-redeemed Credits. If the Member is apparently prejudiced by the restriction or withdrawal by GL of the right to use paid services, then the Member is entitled to a refund of non-redeemed Credits, provided that the restriction or withdrawal is permanent and the restriction or withdrawal is not the result of a measure taken in connection with a circumstance that the Member has failed to fulfil his/her obligations under these Terms and Conditions.
Article 5. | Right of withdrawal
The Member who purchases Credits has, in principle, a legal right to dissolve the transaction up to 14 days after entering into such transaction, without giving any reason whatsoever. Insofar as the purchased Credits have been redeemed within the intended cooling-off period, the right of dissolution with regard to the redeemed Credits will lapse, provided that:
- the performance of the paid services has commenced with the explicit prior consent of the Member; and
- the Member has declared to waive his/her right of dissolution insofar as he/she has redeemed the Credits.
- The Member is only entitled to reimbursement of credits purchased by him/her and not yet redeemed during the cooling-off period, as referred to in paragraph 1.
- The Member can make use of his/her right of dissolution by submitting a request to GL by e-mail or by using the European standard form for withdrawal, which can be obtained at any time via the Website. If the Member uses the European standard form for withdrawal, he/she must send a completed copy of this form to GL by e-mail.
- As soon as GL has been informed of the intention of the Member to fully or partially dissolve the transaction to purchase Credits, GL will immediately confirm the dissolution to the Member by e-mail. Repayment will take place within 14 days of the termination of the transaction, via the same payment method as that used by the Member to purchase the Credits.
- The cooling-off period referred to in paragraph 1 starts on the day following the conclusion of the transaction, therefore the day after the Member has completed the payment form, as referred to in Article 4, paragraph 4, of these Terms and Conditions.
- If GL has not provided the Member with the legally required information about the right of withdrawal or the contact form for withdrawal, the withdrawal period will expire 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this Article.
- The risk and the burden of proof with regard to the correct and timely exercise of the right of withdrawal lie with the Member.
Article 6. | Right of use
- Provided that the Member has fulfilled all the conditions and payment conditions as set out in the offer, GL will grant the Member a personal, non-exclusive, revocable and limited right of use (licence) for access to and use of the Website. This right only includes the right to use the Website in accordance with the purpose for which the Website was developed and put into use. This right of use of the Member is not transferable to third parties.
- The Member is not accorded any right of ownership in respect of any part of the Website; the Member is only entitled to the right of use referred to in paragraph 1. GL reserves all conferred rights that are not explicitly stated. If the Member violates the provisions of these Terms and Conditions or if GL believes that the actions of the Member may be harmful to GL or to others, GL may revoke the licence of the Member and block the access of the Member to the Website and to his/her account. If GL refrains from doing so, this does not imply that GL approves of the conduct of the Member. If GL does not always require strict compliance with these Terms and Conditions, this means that GL is entitled to require strict compliance in the future or in other cases.
- The Visitor will exclusively use the Website in a lawful manner and will in any case refrain from:
- copying, distributing or disclosing (parts of) the Website, including, but not limited to, automated or non-automated scraping;
- using or trying to gain access to computer systems and/or networks of others than his/her own;
- using robots, spiders, crawlers or any other automated means or interface, not made available by GL, to gain access to the Website or to access data;
- using automated bots or other software to send messages via the Website;
- investigation or testing the security of the Website or networks of others than his/her own;
- impairing the operation of the Website, including the security and system integrity thereof, or networks of others than his/her own;
- approaching other Members or collecting contact details of other Members for purposes other than those for which they were made available to the Visitor, such as for commercial purposes;
- disposing of, hiring or providing to third parties, for the benefit of third parties, using, modifying, removing or rendering unusable the right of access to data of others than his/her own, as referred to in paragraph 1;
- decompiling, reverse engineering, disassembling, modifying, hiring, selling, leasing, lending, distributing or creating derivative works of or improvements to the Website, or any part thereof;
- designing, manufacturing, introducing and distributing of computer viruses and other computer software that could possibly cause damage to the Website;
- collecting personal data via the Website;
- imitating other persons or entities by means of Member profiles or otherwise;
- violating intellectual property, privacy and/or other rights of GL or third parties,
including other users of the Website;
- accessing the Website in an attempt to develop a similar or competitive website,
if this infringes the intellectual property rights of GL or a third party;
- supporting, disrupting, destroying, manipulating, deleting, rendering unusable or
otherwise affecting any part of the Website, including de-indexing of the Website,
a part of the Website or any third-party website, such as a request for the
removal of a search engine website (for example, Google, Bing, Yahoo).
- The Visitor will not hold GL liable for the use of the Website by the Visitor.
- The conduct of third parties who use the Login Code provided to the Member, will be attributed to the Member as if this conduct was his/her own conduct.
- The public profile of the Member and his/her public content can be located by third-party search engines.
Article 7. | Services of the Company and Company content
The Company offers the Services of the Company and Company content through the Website. GL is not responsible and liable for any Company content or any error or shortcoming with regard to the display of Company content. GL does not make any representations regarding the Company content, and the disclosure thereof by the Company does not imply the approval of GL. The Visitor accepts that the Company content may be inaccurate, unfounded or even incorrect and indemnifies GL in respect of all its claims.
The Member must take into account the fact that the Company can present fictitious Member profiles on the Website and that the Company and third parties on behalf of the Company may make use of hosts. These hosts may conduct fictitious conversations, fictitious role-playing games or other fictitious communication with the Member and other users of the Website. Hosts are used for the purpose of stimulating interactions on the Website and conducting conversations with users. Hosts are also intended to monitor the activities, communication and content of users to ensure compliance with these Terms and Conditions. The Visitor agrees that all Content, information, text and images originating from such hosts are fictitious, are considered as Company content and that they are only intended as entertainment. All hosts are fictitious. Any resemblance to real persons, alive or dead, is purely coincidental.
- GL is not responsible and liable for any damage of any kind whatsoever in connection with the Services of the Company nor any other activity of the Company, including all Company content. GL is not obliged to monitor the Company content. Since the Company content is based exclusively on information provided the Company, GL offers this Company content only on behalf of and at the risk of the Company, without this Company content being approved or recommended by GL. The Visitor indemnifies GL from all liability in connection with the interaction between the Visitor and the Company or a legal act between the Visitor and the Company, for example, in relation to the Services of the Company. GL does not check or manage the Company nor the Services of the Company. GL does not act as an agent or intermediary for the Visitor or the Company. GL is not involved, not responsible and not liable for an opinion, advice or any other information originating from the Company.
- Any agreement between the Company and the Visitor does not affect the legal relationship between the Visitor and GL as described in these Terms and Conditions. With a view to the exercise or protection of the contractual rights of GL, the Visitor and the Company will consider GL as a third-party beneficiary in respect of agreements between the Visitor and the Company.
Article 8. | Login Code
- The Member is fully responsible for logging in to the Website and the use of the Login Code provided to the Member.
- The Login Code of the Member must be kept strictly confidential. Both GL and the Member will take reasonable measures to prevent anyone other than the Member from taking note of the Login Code provided to the Member. The Member must immediately notify GL of unauthorized use of his/her Login Code or any other breach of the security of his/her account on the Website. GL is not liable for damage resulting from unauthorized use of the Login Code by others, whether or not with the knowledge of the Member.
- If GL ascertains and/or reasonably suspects that persons others than the Member are using or are able to use the Login Code, or if the Member notifies GL of such use, GL will immediately block access to the Website via the relevant Login Code. GL will inform the Member, as far as necessary, of any unauthorized use and the blocking of the Login Code and will provide a replacement Login Code to the Member as soon as possible after the blocking.
- GL is entitled, if and insofar as the circumstances of the case reasonably justify, to temporarily or permanently deactivate the use of the Login Code by the Member without prior notice of default, if the Member fails to fulfil any of his/her obligations, as provided for in these Terms and Conditions.
Article 9. | Use of the Services
- The use of Services by the Member is entirely at the own risk of the Member. The Member must be aware that the Website can contain fictitious member characters. The Member should also be aware that when the Member is involved in communication via the internet with people who are unknown to the Member, that these people are not necessarily the people they claim to be and that these people may provide misleading information, act deceitfully or behave in an unlawful manner. The Member is responsible for the interactions that he/she conducts with other Members, hosts, the Company or with third parties. GL is not liable and responsible for the actions and omissions of other Members on the Website, which also applies to the actions and omissions of the Company.
- The Member accepts responsibility for the substance of the Content sent by the Member or Content sent via his/her personal account, which the Member places on his/her public profile or in the public space of the Website. When placing Content on the Website, the Member guarantees that he/she is the rightful owner of the Content or is otherwise the legal user of the Content.
- The Member will refrain from placing Content that is spam, offensive, misleading, slanderous, obscene, threatening, politically tinted, intimidating, violent, pornographic, racist or (otherwise) legally prohibited, including juvenile photographs (photos of persons who are underage in the relevant jurisdiction), group photos, photos that include children, photos of people other than the Member who are recognizable in the photos, as well as pictures of animals.
- The Member is not permitted to disclose personal information, including telephone numbers, address details, e-mail addresses and references to social media channels, on his/her member profile or to circulate such information via Content by means of the Services.
- The Member is not permitted to create more than one account on the Website or to register for more than one Membership on the Website.
- GL reserves the right to read the public member profile of the Member and, if necessary, to refuse or remove it without prior notice. This also applies to other Content, insofar as this is reasonably necessary for the conclusion of the Membership.
- The Member agrees that his/her Content is traceable and visible by means of third-party websites, including search engines. This Content is also traceable via third-party websites, including but not limited to third-party websites with whom GL has entered into a partnership.
Article 10. | Cancellation and end of Membership
- GL has the right, insofar as the Member only has Free Access to the Membership, to cancel or terminate this Membership of the Member and to free use of the Services at its sole discretion, in whole or in part, without prior warning. The provisions of Article 4.12 apply to Premium Access Membership.
- From the point of view of the security and quality of the Services, GL has the option of automatically cancelling the Membership of the Member if the Member has not used the Services for at least 12 months.
- In the case of cancellation of the Membership by GL on the basis of the previous paragraph or on the grounds of cancellation by the Member, all Credits will immediately lapse. In that case, payments that have been received will not be refunded.
- After the end the Membership, GL does not have any obligation to retain any Content of the Member whatsoever, on the basis of Article 5.2 or for any other reason whatsoever.
- The provisions of these Terms and Conditions, which by their nature or scope are intended to apply after termination of the Membership, will remain in full force after the termination thereof.
Article 11. | Receiving messages
- By concluding the Membership, the Member agrees to receive (e-mail) messages that are necessary in order to perform the agreed services. Furthermore, GL may send the Member messages regarding information in connection with the Membership. With regard to specially selected offers from GL or third parties, other than those referred to in the previous two sentences, the prior explicit consent of the Member is required. The Member may deregister for messages other than those that are necessary to conclude the Membership in the manner indicated in those messages.
- The manner in which the privacy of the Member is guaranteed is described in the
Privacy Conditions, which form part of these Terms and Conditions.
Article 12. | Warranty and indemnity
- The Website contains software with which the Member can contact other users and the
Company. Unless stated otherwise, GL is solely responsible for providing access to the Website, the Services, customer services and payment processing in the context of the Services. GL is not responsible and liable for the Services of the Company.
- GL and the Company do not offer the Member any guarantee of success, a date or a
relationship via the use of the Website and the Services. The Services are explicitly offered 'as is’ or 'as available', without any express or assumed guarantee or condition, of whatever nature. The Member uses the Services and the Services of the Company at his/her own risk.
- GL is not affiliated with any user of the Website. The mere disclosure thereof does not imply that GL approves or recommends member profiles, content of other users of the Website, Company content or Services of the Company. GL is never liable for content that originates from other users of the Website, of any kind whatsoever, nor for the Company content and Services of the Company. GL can never guarantee that the previously described content is correct, complete, lawful and non-misleading and accepts no liability whatsoever in this respect.
- GL does not monitor in advance the accuracy, correctness and legality of the information and the Content published by the Member and other Members, but reserves the right to do so in the future. GL reserves the right to remove Content, member profiles or other Members, but that does not guarantee that GL can remove all offensive material. By using the Services, the Member accepts that he/she may come into contact with offensive material.
- GL disclaims all warranties and liability, to the extent permitted by mandatory law, including but not limited to warranties and liability in respect of the Content of the Website, Content of Members, any viruses or other harmful components, the security of the Website, the legality of use of the Website in the country of the Visitor, the continued proper functioning of the Website and the Services, the quality of the Services in accordance with the description and suitability for a particular purpose. In particular, GL is not liable for any damage resulting from the improper operation of the Website or the Services as a result of force majeure, as a result of a circumstance attributable to the Member or as a result of a statutory provision or a court order.
- GL is never liable for the possible damage or consequential damage (including death
or bodily injury) of the Member or of third parties, except insofar as precluded by law.
- The Website may allow the Visitor to link to other websites or resources on the internet. Moreover, other websites or sources on the internet may contain links to the Website. When the Visitor acquires access to third-party sources on the Internet, the Visitor does so at his/her own risk. GL accepts no liability for the Content of third-party sources. The inclusion of such a link on the Website does not imply the approval of or any cooperation between GL and these third parties.
- The Visitor indemnifies GL and all other parties whose assistance is used by GL for the
operation of the Website, with respect to all third-party claims for compensation for damage or consequential damage, which are related to the performance of the Services and which damage is attributable to parties other than GL.
- The Visitor indemnifies GL and all other parties whose assistance is used by GL for the
operation of the Website, from all third-party claims for damage attributable to the Visitor by virtue of the law or these Terms and Conditions. If GL should be held to account by third parties for this reason, then the Visitor is bound to assist GL and the aforementioned other parties, judicially and extrajudicially, and to immediately do everything that can reasonably be expected of him/her in such case. Should the Visitor fail to take adequate measures, then GL or the other parties concerned are entitled to proceed to do this themselves, without a notice of default. All costs and damage suffered by GL and/or third parties as a result, are entirely at the risk and expense of the Visitor.
- If and to the extent that a judicial body, despite the other provisions of these Terms
and Conditions, decides that GL is liable for the damage and consequential damage of the Member or a third party and is obliged to compensate the damage in whole or in part, then the amount of the compensation is limited to the total amount of Credits paid by the Member in the last six months prior to the damage-causing event, or EUR 100, except insofar as precluded by the law.
- The limitation of liability and indemnification clauses in these Terms and Conditions
may also be invoked by employees of GL, as well as by the Company and third parties
whose assistance is used by the Company or GL for the performance of the Services.
Article 13. | Intellectual property
- All copyright and other intellectual property rights on the Services and all parts thereof, including the software used, design, operation and templates of the Website, belong to GL or its licensor. All copyright and other intellectual property rights relating to the trade name and domain name of the Website and the Company and, subject to the provisions set out in the previous sentence, the Website and all parts thereof, including the design and images, audio, video, logos, text on the Website, belong to the Company or its licensor, insofar as these rights are not vested in the Member. The Visitor is prohibited, without the express prior consent of the title-holder, to reproduce, modify, copy in any way, distribute, utilize or produce derivative works from the materials upon which the rights of GL, the Company or third parties are vested, in any way.
- GL takes any infringement of intellectual property rights very seriously, including infringement by users of the Website. If the Visitor believes that the Website infringes on the intellectual property rights of the Visitor or any other party, the Visitor is requested to send a message to GL that includes:
- the name of the Visitor;
- the name of the party whose intellectual property rights have been infringed, if this party is not the Visitor;
- the name and description of the work to which the infringement relates;
- the location on the Website of the relevant work;
- a statement that the Visitor believes in good faith that the use of the protected work is not permitted by the title-holder or pursuant to any statutory regulation;
- a statement that the Visitor confirms that the information contained in his/her notification is accurate, that the Visitor or interested third party is the owner of the work or that it has an exclusive right to initiate infringement proceedings with respect to its use. The Visitor must sign this statement and send it to GL via the account of the Member on the Website or use the contact details of GL (if a non-Member).
- If the Member receives a notification from GL stating that the Content of the Member has been removed, the Member can send a notice to the contrary to GL. The notice to the contrary from the Member must include the following:
- the name, address, e-mail address and physical or electronic signature of the Member;
- the reference number of the notice (if applicable);
- the name and description of the material and its location on the Website before it was removed;
- a statement that the material was removed by mistake;
- the agreement of the Member in respect of the jurisdiction of the courts in accordance with the provisions in these Terms and Conditions;
- the permission of the Member to take into consideration any notices to the contrary from the party that submitted the request for removal.
- The Member must take into account that GL cannot take action with regard to the notice to the contrary of the Member, unless the notification of the Member strictly complies with the above requirements. The Member must sign this notice and send it to GL via the account dashboard of the Member or use the contact information of GL (if a non-Member).
Article 14. | Technical defects
- GL does not guarantee uninterrupted availability of the Website nor does it guarantee
the technical functionality of the Website.
- GL is, in particular, not responsible for disruptions in the quality of the access to the Website as a result of force majeure or events for which GL is not responsible.
- If maintenance is performed on the Website, GL will announce this in advance as much as possible and will limit the inconvenience as much as possible.
Article 15. | Submission of ideas
- GL and its employees do not accept unsolicited ideas, including but not limited to ideas regarding processes, technologies, product improvements or product names. The Visitor is requested not to provide unsolicited ideas, content, illustrations, suggestions or other works in any form whatsoever to GL or its employees, in order to prevent any misunderstanding or dispute due to products of GL that may resemble the ideas provided to GL by the Visitor.
Article 16. | Protection of personal data
- The Privacy Conditions apply to the use of the Website. These describe how the personal data of the Visitor are processed. GL adheres to the current legal rules with regard to the protection of privacy and the cookie legislation.
- If GL has a reasonable suspicion that the Visitor has violated one or more provisions, as described in these Terms and Conditions, and other Visitors could (possibly) suffer damage or nuisance as a result, then GL is entitled to view the data exchanged on the Website. GL elaborates on this further in the Privacy Conditions.
Article 17. | Disputes
- Dutch law applies to every use of the Website and to every Membership.
- In the event of a dispute between GL and the Member, without prejudice to mandatory statutory regulations, the District Court of Rotterdam (NL) is exclusively authorized to take cognizance of the dispute. The Visitor must realize that all costs of litigation may be for the account of the unsuccessful party.
Article 18. | Additional conditions
- The cancellation or invalidity of one or more of the provisions of these Terms and Conditions does not affect the validity of the other stipulations. In such a case, the parties are obliged to enter into mutual consultations in order to agree on a replacement arrangement with regard to the affected stipulation. In doing so, the purpose and intent of the original provision will be taken into account as much as possible.
- GL and the Visitor are independent of each other. The legal relationship between these parties does not include a partnership, franchise, joint venture, agency, fiduciary or employee/employer relationship between the Visitor and GL.
- GL is not involved in any mutual relationships between the Members.
- GL has the right to change these Terms and Conditions. Amendments to these Terms and Conditions will apply to Members with Free Access, Members who no longer have Credits as well as to other Visitors, immediately after the amended Terms and Conditions have been published. For Members with Premium Access who have outstanding Credits, the amendments only take effect upon publication if the Member explicitly agrees to the amended Terms and Conditions or at such time as all Credits purchased prior to the amendment have been redeemed. In the latter case, the Member will be clearly informed of the application of the amended Terms and Conditions.
- The Visitor can contact GL in connection with any questions or problems regarding the use of the Website. The contact details of GL are published on the Website. Members must contact GL in the manner indicated under their account on the Website.
Version: 7 February 2019