General Terms and Conditions for the Usage of Fetish.com
The basic use of Fetish.com is guaranteed free of charge. You are allowed to write, read and receive messages for free. As the operator of Fetish.com we ensure that we neither generate fake profiles ourselves nor do we accept fake profiles generated by third parties.
These General Terms and Conditions govern the contractual relations between you (hereinafter referred to as “member“ respectively "members“) and Ideawise Limited, (hereinafter referred to as "we/us“ respectively "Ideawise/Fetish.com“). The following General Terms and Conditions are drafted in English and may be saved by you onto your hard drive.
In line with the registration as a member of Fetish.com you accept the following General Terms and Conditions (hereinafter referred to as "GTCs“).
We reserve the right to adapt or change our Terms and Conditions. In the case of adjustments or modifications to the Terms and Conditions herein, we will send them to you by email four weeks before coming into effect. If you don't object to the new Terms and Conditions within 4 weeks of receipt of the email, they shall be deemed accepted. In case you do not accept them, we have the right to end the contractual relationship. We shall inform you separately of the significance of the four-week notice in the email that contains the modified terms. However, this only applies if you are using our services and are registered on Fetish.com at the time of the modification. The modified Terms and Conditions shall become immediately effective to other users.
Fetish.com is a dating community operated by the company Ideawise Limited, based at Room 603 Alliance Building, 130-6 Connaught Road, Central Hong Kong, HK. On Fetish.com, you have the possibility to access profiles with photos and information of other users, meet other users, upload content (texts, photos, etc.) and to share experiences.
Registering and the use of Fetish.com are free of charge. You may also register for a fee-based membership. Premium respectively VIP-membership and Dominatrix-membership are fee-based and are identified accordingly. More detailed information can be found on Fetish.com.
Fetish.com is addressed to natural persons of full age. Only a use for private purposes is admitted; a non-sexual use is not excluded.
Our servers comply with the current state of technology and are, therefore, safe. In addition, your private data is safe with us. The processing of data is carried out only in accordance with the relevant data protection regulations. You can find more details on this in our data privacy statement. You decide to what extent you enter your personal profile data in the community, and likewise, you also decide how much you want to disclose about yourself in the community.
We endeavor to maintain a positive community atmosphere within Fetish.com. We expect members to conduct themselves in an educated and respectful manner when dealing with each other.
The use of our platform requires a commercially obtainable computer with Internet connection and active browser. You are responsible for the setup of the required software and/or plug-ins. Fetish.com provides a functioning test giving you an overview about the correspondence of your system with the minimum technical demands. You may also consult our support team. We will help you to the best of our knowledge but nevertheless cannot guarantee a success.
2. Subject matter of the contract
The platform Fetish.com is directed to adults essentially seeking and cultivating sexual contacts. A non-sexual use of Fetish.com is not excluded. With Fetish.com, adults of all ages, genders and sexual orientations can find contacts.
Your registration on Fetish.com is an offer to enter into a contract with us. After registering, you will receive an email from us confirming the conclusion of the contract. You have no legal rights to the conclusion of an agreement with us. The language of the contract is English. We do not save the contract text.
The registration and basic use of Fetish.com is free of charge. You can also acquire a paid membership to unlock additional features for the complete use of Fetish.com. The two types of a paid membership are called "Premium“ or "VIP“ (hereinafter referred to as "paid memberships“).
You may furthermore register as a supplier of fee-based services with Fetish.com by which you will be attributed to the status "dominatrix“ (hereinafter referred to as "dominatrix“ and "dominatrix membership“).
2.1. Definition of free membership
You automatically acquire free membership by signing up at Fetish.com. The free membership is not terminable and there are no costs for using it. Please inform yourself in the Fetish.com settings about the features included in a free membership.
You can delete your free membership in the Fetish.com settings at any time.
2.2. Definition of paid membership
With the paid membership, you get additional features that facilitate the use of Fetish.com and help you with your contact search. These additional features give you many advantages compared to a free membership. On the Fetish.com membership overview page, you can see how all the features are allocated in detail and the advantages of both paid memberships.
If you do not terminate your paid membership within your selected time frame (1, 3 or 12 months), it will get automatically extended for the time period chosen by you at the conclusion of the membership. If you chose a payment on invoice, the membership automatically runs out and you will return to free membership mode. A separate termination is not necessary.
You can terminate your paid membership at any time and without stating any reasons on the membership overview page.
If you terminate your membership before the expiration of the remaining term, you will be able to use all paid features until the end of your paid time term. After this time expires, you will return to free membership mode. The termination before the expiration of the remaining term shall have no influence on your payment obligation.
2.3 Definition of dominatrix membership
The dominatrix membership designates members with financial purposes. In this case the dominatrix membership is tariffed separately from the other memberships. A member with a free membership or with one of the two fee-based memberships (premium or VIP) demanding financial means for contacts, services or products will be attributed to a dominatrix status and be subject to the provisions of an dominatrix membership.
The dominatrix membership has a special status. On the Fetish.com membership overview page or with our support team you can inform yourself about the special features of this membership. As a dominatrix member you may indicate financial interest and promote your service or products in the designated area on Fetish.com.
If you do not terminate your dominatrix membership within your selected time frame (1, 3 or 12 months), it will get automatically extended for the time period chosen by you at the conclusion of the membership. This does not apply with a payment by invoice. In this case the membership automatically runs out and you will return to free membership mode. A separate termination is not necessary.
If you terminate your membership before expiration of the remaining term, you will be able to use all paid features until the end of your paid time term. After this time expires, you will return to free membership mode. The termination before the expiration of the remaining term shall have no influence on your payment obligation.
2.4. Extraordinary termination
The right to immediate termination on important grounds (= "termination without notice") remains intact for you and for us. With the extraordinary termination, our claims and demands arising out of the contractual relationship will become immediately effective.
2.5 External payment providers
In order to process membership payments, Fetish.com cooperates with external payment providers. For the payment of the membership fee, the member agrees to the Terms and Conditions of the respective payment provider.
3. Protection of minors
We take the protection of minors very seriously. Fetish.com complies with the current legislation and responds individually and depending on the urgency if any of the member's texts or photos violate the legal requirements for the protection of minors. If you find images publicly visible on Fetish.com, we kindly ask you to inform us as soon as possible via email to our support team. We will verify the violations as soon as possible and proceed accordingly.
4. Registration and profiles
To sign up at Fetish.com, you must fill in a registration form or use the respective features of third parties. The entered data must be complete and correct. If we have reasons to doubt the authenticity of your information, we reserve the right to ask for a proof of authenticity or to lock your profile.
For your registration at Fetish.com, you need an email address to which we will send you a confirmation code. You have to enter this code to complete your registration and to be able to use Fetish.com. Without the code, the use of Fetish.com upon registration is not possible.
When you register, you create your own password (unless you have connected via a third-party connection like Facebook etc.). This password protects against the use of Fetish.com by unauthorized persons who could access your profile with your name. You should always keep your password strictly confidential and not disclose it to third parties. You should also protect your password from access by third parties. We advise you, for your own security, to change your password periodically.
We will never ask you for your password. If you suspect that your password has been misused or that a third party knows your access data and/or is misusing your account, please change your password immediately and contact us.
You can only sign up for one profile at Fetish.com. With your registration, you confirm that you are not an already existing member of Fetish.com. Couples and dominatrix-members are excluded form the above-mentioned provision as each partner of a couple is allowed to register as a single person. Dominatrix-members are allowed to register with a separate profile as long as the fee-based services are not promoted in this profile and there is no link to the fee-based profile.
On the Internet, the possibility to identify persons is limited. Therefore we cannot verify whether or not when registering at Fetish.com people enter incorrect data information. Therefore, Fetish.com does not guarantee the authenticity of each user. Each member is responsible for checking the authenticity of the other members.
5. Right of cancellation
Following your purchase, you, as a consumer, may cancel the contract within 14 days from the date of the conclusion of the contract as long as you did not exercise your waiver of revocation, which is the condition requisite for the immediate use of the purchased product. In particular, your right of revocation shall expire if you have purchased a service after giving your explicit consent and if, at the same time, you have confirmed that you are losing your right of revocation upon the complete fulfillment of the respective service provided by Ideawise Limited. If you have purchased contents that are not stored on a physical storage medium, you shall then lose your right of withdrawal after you have explicitly agreed that Ideawise Limited will begin executing the contract before the end of the revocation period and you have confirmed that you know that you, by giving your consent, will be losing your right of revocation with the beginning of the execution of the contract.
To execute your right of cancellation you shall inform the company authorized with the receipt of cancellation declarations: SmH Servicecenter.de GmbH, Postfach 200434; 13514 Berlin; Tel. Nr. 0800/3335521; Fax. Nr. 030-338405-999; email: firstname.lastname@example.org by distinct declaration (e.g. a letter sent by post or an email) about your decision to cancel the contract. It is sufficient that your declaration about the cancellation is sent to us within the abovementioned grace period.
5.1 Consequences of Cancellation
If you cancel this agreement, we shall refund all payments that we have received from you, including any delivery expenses (with the exception of the additional costs resulting from the fact that you selected another method of delivery than the cheapest standard delivery offered by us), immediately and, at the latest, within 14 days from the day we receive your notice of withdrawal from this agreement. For this refund, we shall use the same payment method that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances would you incur any charges on account of this refund. If you requested that the services should begin during the period of revocation, you must pay us an adequate amount that corresponds to the amount of the already provided services until the time you informed us about the exercise of the right of withdrawal in relation to the total scope of the services provided for under the contract. To exercise your right of withdrawal, you may download the Right of Withdrawal
6. Content/Granting of rights
All the information and content that you have entered or uploaded to Fetish.com (in your profile etc.) shall be publicly available, unless you elect otherwise within your profile privacy settings. However, your personal information, such as your personal email address, your password, phone number, or your postal address, will remain inaccessible to third parties.
On Fetish.com you have the possibility to change or delete your account, your profile and the contents. If you cannot make certain changes by yourself, you may contact us, so that the changes can be carried out.
You are responsible for your activities, information and content on Fetish.com. You agree to comply with the relevant statutory regulations (e.g. right to one's own image, general personal rights, copyright, right to trademark and name, right to the legal protection of minors, etc.). It is prohibited to post contents (photos, texts, videos, etc.), which you are not authorized to use on our website. Please observe the rights of third parties. Ask the photographer if you can use their photos of you on Fetish.com. If there are other people on the photo apart from you, they also must agree to the publication.
If you violate the rights of third parties you are immediately liable towards them. You are under the obligation, in accordance with Point 7 of these Terms and Conditions, to hold us harmless from any claims raised against us by third parties. Fetish.com does not assume the verification of your uploaded content. We reserve the right to change or completely delete any content due to legal, judicial or official obligations, or due to important reasons. An important reason exists if we are informed about a breach of legal regulations, of these Terms and Conditions or any other important reason. If there are clear indications that spam emails are being sent through Fetish.com, we are entitled to check these emails and, if necessary, delete them. Any misuse or unauthorized use, manipulation or deletion of accounts, data and content by criminal individuals or technical errors cannot be entirely ruled out. Therefore, we advise you to carefully select the amount of information that you post on Fetish.com or that you make accessible to other members.
You take notice of the fact that the current Fetish.com website is essentially of an erotic nature.
7. Obligations of the user
You agree to enter correct and complete information and to keep this information up-to-date, in your registration and in your profile. Please note that the communication between you and Fetish.com is mainly via email. Explanations and information send to you by email, shall be deemed delivered as soon as they are received on your email server and you are able to retrieve them under normal circumstances. If you do not notify us of a changed or deleted email address, these emails and the declarations shall still be deemed received.
You agree to keep your Fetish.com password secret and ensure that, in your personal sphere, your login data will not be accessible to any third party. In addition, it is your responsibility to ensure that in your personal sphere, your password is not or will not be accessible by chance to other people, especially minors.
In the case of a "multiple use of your paid membership" (different people accessing Fetish.com using your password), we reserve the right to block your access to Fetish.com. You are obliged to inform us immediately of any unauthorized use of your login data as well as any other breach of the security regulations. This applies particularly if you suspect that third parties might have accessed your membership data. You hereby confirm that you have all necessary rights concerning any content that you post or upload (photos, texts, videos) to Fetish.com and that such content:
- - Does not violate the rights of third parties (general personal rights, right to one's own image, copyright);
- - Does not damage others in any other way (through defamation, offence, slander);
- - Does not violate any other rules (e.g. the law relating to unfair competition, the trademark law, the Criminal Code, youth protection regulations);
- - Does not infringe our own photo rules and these Terms and Conditions.
If necessary, you may have to prove the ownership rights of your content.
You are obliged to comply with a conversational tone on Fetish.com that does not violate the rules of behavior (Community Standards). This includes a respectful behavior when interacting with other members and a friendly style. In the case of a violation of these Terms and Conditions or a disturbance of the harmonious co-existence, you will receive an appropriate penalty as stipulated in Paragraph 8 of these Terms and Conditions.
In the case of severe personal attacks, defamation, slander and threats, we reserve the right to call upon the criminal prosecution authorities.
You agree to continue to refrain from the following:
- - Any illegal form of advertising on Fetish.com (including through divulgation of phone numbers, email addresses, links, IDs and user names of social networks or other contact possibilities for commercial contact purposes to other users);
- - Sending of spam;
- - Malicious attempts, through which Fetish.com members may be lured to other apps/websites;
- - Collecting content or information of users using automated systems (such as bots, robots, spiders or scrapers);
- - Uploading a code that harms us or the website, or limits its functionality or affects it in any other way;
- - Obtaining third party access data or access an account that belongs to another member;
- - Bullying, intimidating or harassing other members;
- - Publishing content that is hateful, threatening, or that incites violent acts or contains violence;
- - Using Fetish.com to perform illegal, misleading, malicious, or discriminatory acts;
- - Performing actions that block, overload or could affect the proper functioning of Fetish.com.
- - Any other misuses of our portal.
You agree to hold us harmless from all asserted claims of third parties due to infringement of their rights caused by the contents that you posted on Fetish.com or by your use of our service. In such cases, you shall on first demand bear the expenses of our legal defense, including all court and legal fees. If a claim is made against us by a third party due to misconduct and/or forbearance you must provide us promptly, truthfully and completely with all information available that is necessary in order to assess the claim and to defend ourselves against it.
8. Penalties for violations
- - Warning of a member (as a milder measure);
- - Partial and complete deletion of a member's content;
- - Limitation and restriction of the use of Fetish.com;
- - Temporary blocking of a user;
- - Permanent blocking of a user/ a virtual ban.
Any sanction previously imposed has no influence concerning the payment obligation of the member, regarding the remaining term of the respective membership.
For any case in which the prohibitions set out in section 7 of these Terms and Conditions are violated, culpably and seriously, we reserve the right to charge compensation in the respective amount. In the case of illegal advertising measures, spamming or malicious attempts, a sum of 100 EUR per member contact is agreed.
9. Availability of the service
Our databases and other technical devices correspond to the current technical state of the art. We are constantly working to improve our services for the greatest possible reliability and availability. Nevertheless, updates, maintenance or optimization of Fetish.com may cause that, during these operations, our services are limited or not available for a short-term. We would also like to point out that the Internet might be subject to disruptive influences that are beyond our control (such as problems with data exchange, unlawful interferences by so-called hackers, power blackouts, or in cases of forces majeure.)
10. Warranty, limitation of liability
We assume no liability for the constant availability and accessibility of our website and are not responsible for downtime due to necessary care and maintenance work or newly emerged errors, as far as these were not predictable and could also be detected by a conscientious average programmer.
Furthermore, we do not assume any responsibility for the accuracy, completeness and usefulness of the information and content published on Fetish.com.
Among other things, you will find references to external third party content on Fetish.com. If a contractual arrangement is offered in connection with such third party content, any contractual arrangement, if entered into, shall be made exclusively with the responsible party identified as the offeror.
We do not check the content of other web pages or their legality and, therefore, cannot influence their design. We thus expressly distance ourselves from all content provided on these pages and from all the links published on pages that we are linked to and are not responsible for their content. You use the links of third party websites at your own risk.
In accordance with legal requirements, we, as a service provider, are not obliged to supervise the communicated or stored information of our members or to investigate any circumstances that could indicate an illegal activity. However, if we become aware of unlawful conduct by any member or illegal information within Fetish.com, this information will be immediately removed or the access of the respective member will be blocked.
We neither provide warranty for any possible dissatisfaction regarding offers, individual content, performances and services according to the agreement, nor that you actually will make successful contacts on Fetish.com.
We are not liable for your content and activities not managed by us. They can neither be attributed to us nor do they represent our opinion. Links placed by you on Fetish.com count as part of your content.
We shall only be liable for damage caused intentionally or by gross negligence by our legal representatives, our assistants, our vicarious agents or us. Our liability for ordinary negligence is limited to the violation of essential contractual obligations (cardinal obligations). The extent of our liability is limited to the foreseeable damage typical for this type of contract. As far as our liability is limited to these conditions, this restriction shall not apply in cases of injury to body, life, and health, as well as the liability under the provisions of the product liability law. The above-mentioned limitations of liability shall also apply to our affiliated companies as well as to the personal liability of our employees, representatives, partners and vicarious agents.
11. Changes to our services
We reserve the right to change the features of Fetish.com at any time without stating any reasons. We will notify you of the changes. We are free to take out individual functions of Fetish.com, add new functions, or replace existing functions with others. As far as these functions are associated with a fee-based membership, we will make sure there is a proper compensation between the old and the new functions.
12. Payment providers and payment default
External billing partners carry out the processing of paid memberships on Fetish.com. With the acquisition of a paid membership, you agree to the General Terms and Conditions of our billing partners. The Terms and Conditions can be found on the website of the respective billing partner.
Different features of the diverse memberships and the respective charges are available on Fetish.com. You may choose between different payment methods (e.g. credit card or electronic direct debiting scheme) and different rates of membership fees.
Withdrawals of your credit card or bank account will be carried out under the notation "Onabo“. Data will be transferred via a safe connection.
In case of an increase of the mandatory value added tax (VAT), we shall have the right to adjust our prices accordingly. This also applies if our necessary expenses for the fulfillment of the contract (e.g. hosting or traffic costs) increase, without the price increase being attributable to us. A possible price increase will be notified to you in good time which gives you the possibility to cancel ("ordinarily") in due time. Conversely, we undertake to adjust the prices in the case of tax or price reductions.
You agree to take over the expenses in case there are (due to lack of funds or to other indebted reasons) wrongly cancelled purchases. These costs are applied to us by the bank, the credit card company or payment provider and depend on the used payment method as well as the participating bank or the billing service provider.
13. Violations of rights
Fetish.com wishes to prevent the publication of illegal content. If you are of the opinion that the content violates your rights or any other rights, please send a detailed notification by email to support/at/Fetish.com. We will immediately investigate all serious messages about violation of rights. Any misuse will be penalized.
14. Rights related to the Fetish.com database
All rights (copyrights, trademark rights and other protection rights) for the database work, the database and the posted content, data and other elements are exclusively reserved to Fetish.com. Any other user rights regarding the content posted by them remains intact.
Copyright notices or other proprietary right notices on Fetish.com may not be changed. The content of our database may not be used to create your own database in any form of media, or for a commercial purpose or exchange of information.
The integration or any other form of connection of the database or single elements of the database with other databases or meta databases is inadmissible.
In case of a potential insolvency the database of Fetish.com does not constitute matter of bankruptcy.
Any form of publication (in particular duplication, distribution, making publicly available, sending, or reproducing through a video or audio recording) without the prior consent of Ideawise Ltd, including film shots and/or screenshots (in whole or partial) is illegal. In the case of repeat infringements, we shall take appropriate civil and criminal action.
15. Service Network
We are dedicated to continuously improve your user experience and to provide you with the most modern and user-friendly access methods. With this in mind, the Fetish.com database may be shared with other domains and services owned by Ideawise Ltd. This may also include the launch of new services such as iOS or Android Apps. When viewing and communicating with other users of Fetish.com, you understand and accept that these users may have registered and be accessing the service from the network of websites owned by Ideawise Ltd.
16. Final provisions
These Terms and Conditions shall be exclusively subject to Hong Kong law. This only applies to you as a consumer if the protection granted by binding provisions in the law of the country in which you have habitual residence is revoked.
Please direct your requests regarding Fetish.com to our Support Team
To the old version of the general Terms and Conditions