Disclaimer

Disclaimer MiSolo
This Disclaimer applies to the use of the website www.misolo.net. By using the website www.misolo.net and the corresponding service by MiSolo - or by clicking the 'acceptance button' - you declare that you took notice of the conditions in this Disclaimer and agree with the content and the use of these.

Be aware: the communication in the chatrooms on the website is not private. We advise you to be aware of this during the use of the service. The communication in the chatrooms will be logged by MiSolo and can be traced by moderators. Moderators can be present in a chatroom, either visible (with an icon), or invisible.

1. Definition
This disclaimer uses the following definitions, singular as well as plural.

1.1 Disclaimer: this disclaimer, regardless the form in which it will be announced.
1.2 Appendix: the appendix included in this Disclaimer.
1.3 Chat-conversation: communication through - for instance - text messages, web cams, speech, images and/or icons.
1.4 Chatroom: Space on a website which is used by users for starting and holding a chat-conversation.
1.5 Service: the service of MiSolo on the website consisting of,- among others - offering the possibility to start and hold a chat-conversation with other users, in a chatroom.
1.6 User: a natural person who enters into agreement with MiSolo for using the service and the website (also named as: you).
1.7 Agreement: the agreement between you and MiSolo based on the way MiSolo makes the service available.
1.8 Profile: information about the user, consisting of - among others - appearance, looks, background information, pictures etc.
1.9 MiSolo: trademark of Startmap BV, located at Maaskade 1, 5347 KD Oss - Netherlands.
1.10 Password: your password which consists of a combination of numbers and letters. Combined with a username, the password gives access to (certain parts of ) the service.
1.11 website: the website www.misolo.net

2. Provision of services
2.1 On the website, MiSolo always offers the users the possibility to start and hold chat-conversations in chatrooms.
2.2 MiSolo is entitled to change or add closer conditions to the service, including the condition that a user has to be registered with a profile or the obligation to pay. These closer conditions will always be announced on the website.
2.3 MiSolo will do it's best to carry out the service with all care in conformity with the agreements and procedures. However, MiSolo cannot give any guarantees in this. Especially MiSolo can not guarantee that:
- the (content of) the chat-conversations are correct, complete, up to date, reliable and legitimate
- the website and service will be operative continuously, free of technical issues and other errors and/or flaws, and that defects, flaws and/or shortcomings can be solved;
- others will use the MiSolo services in an illegitimate way.
2.4 MiSolo is entitled to edit or delete content on the website or block access to a chatroom. This can happen in case - for instance - there is a violation of the rules stated in articles 3.4 and 3.5, and possible other articles in this disclaimer.
2.5 MiSolo is entitled to (temporary) disable the service and/or decrease the amount of users, in case MiSolo is convinced of the urge to do so. For instance in case the quality of the service suffers or maintenance is required.

3. The use of the service and supply of information
3.1 In order to make use of the service you are responsible for the necessary hard- and software, peripheral equipment and connections.
3.2 You are responsible for all outcomes regarding your chatname or profile of the service.
3.3 During the use of the service you will act by the relevant and valid legislation and regulation rules, and the instructions and rules stated and announced by MiSolo.
3.4 You will guarantee that you:
(i) use the service in a way that is not in a violation of local, state and/or federal law and is not illegitimate;
(ii) by using the service, will not offend others including other users, for instance by using discriminating, insulting or violent communication, or harassing other users in any other way;
(iii) will not use the service for spreading erotic or pornographic content or communication, unless you make use of the specific - for these purposes - part of the website.
(iv) will not disturb the communication between other users on purpose and will not hinder others or other users wile using the service
(v) will not damage the interests or good reputation of MiSolo, nor the website.
3.5 You protect MiSolo completely against all claims of others in case of damage of any form caused by the use of the service, or by not acting by the obligations stated in this disclaimer.

4. Privacy en confidentiality concerning chatconversation
4.1 The communication in the chatrooms takes place in a public space. Other Users are able to see and hear all the ongoing communication in a chatroom. MiSolo advises to be aware of this during the use of the service.
4.2 MiSolo is entitled to monitor all communication in a chatroom by moderators. These moderators can be present in a chatroom either visible (with an icon), or invisible.
4.3 Moderators are entitled to (temporary) block access to a chatroom or the entire service. For instance when your behavior is in violation of the rules stated in articles 3.3 and 3.4.
4.4 In order to deliver the service, MiSolo gathers personal data of users. Either way MiSolo guarantees that all gathering concerning personal data is according to the Personal Data Protection Act.
4.5 The Privacy Policy applies the use of personal data and other data collected by MiSolo, as well as the usage of information coming from chat-conversations spread through the website.

5. Compensations and payments
5.1 Some parts of the service are only accessible after the payment of the amounts stated on the website.
5.2 Payments will take place through payment methods included in the website. These payment methods are made possible by third party providers, in this case financial service providers. The general terms of business of these (financial) service providers apply to the use of their payment methods.

6. Password and username
6.1 Passwords and usernames which are used for the service are strictly personal. You are solely responsible for the use of your password and username.
6.2 MiSolo is entitled to change a password or username when it finds it necessary in the interest of the functionality of the service.

7. Intellectual property rights
7.1 The intellectual property rights concerning the website, including copyrights on text, images, layout, pictures, visual content and audio content, software and other content, the data bank rights and trademarks (including domain-names) reside with MiSolo or MiSolo's licensers, with the exception of content which is placed by a user in relation with the information in a profile or in one of the chatrooms.
7.2 MiSolo gives you the non-exclusive, personal and non-transferable right to make use of the website and the service during the duration of the agreement, only for the objective stated in article 2.1.
7.3 Without preliminary written permission of MiSolo it is prohibited to put the website - or any content of the website - at someone's disposal. This also counts for reproducing, spreading, sending it in another document or other material in any other way. Besides this - without preliminary written permission of MiSolo - it is prohibited to request or reuse - substantial parts of the content of the databank(s) and non-substantial parts of the content of the databank(s) according to the Databank laws.
7.4 You guarantee that all information placed on the website, including messages in the chatroom, does not infringe the intellectual property rights of other party's. You protect MiSolo entirely against all possible claims of others in any way concerning your own information and/or messages used on the website, including every claim based on the statement that the concerning information and/or message is in conflict with the (intellectual property)rights of others.
8. Spam and harvesting
8.1 The use of (personal) data of users which are made public through the website, including the e-mail addresses of users, is only allowed in combination with the website, responding on chat conversations and/or other data about that specific user. It is under all circumstances prohibited to use (personal) data for any other purpose. This means for instance that it is prohibited to:
- initializing (unasked) any form of commercial communication (in where, for instance, commodities or services are offered or by promoting a product, business enterprise, trading company or any other cooperation) in chatrooms or by e-mail, phone or otherwise with user(s)
- any other form of unasked communication
- gather users email-addresses for any reason

9. Liability MiSolo
9.1 The complete liability of MiSolo, is under all circumstances limited to the compensation of the direct damage to a maximum amount of € 50,- (fifty euro) per event, where a series of related events will be considered as one event.
9.2 Direct means exclusively:
- reasonable costs you made by forcing MiSolo comply with the agreement and conditions
- reasonable costs you made by preventing or diminishing the direct damage as stated in this article
- reasonable costs you made by researching the cause and scale of the direct damage
9.3 Every liability of MiSolo concerning consequential damage, including - but not limited - to ensuing damage, loss of profit and loss of sales, is excluded.
9.4 MiSolo is never liable for any damage caused by others that may or may not make use of the service.

10. References
10.1 The website contains references (for instance in the form of hyperlinks, banners or buttons) to the websites of others. MiSolo has no power or control over these websites. MiSolo cannot be held responsible for the content of these websites.

11 Security
11.1 MiSolo will do its best to secure its systems against losses and/or any form of unlawful acts. For this purpose MiSolo uses reasonable technical and organizational measures, in where the newest technical possibilities will always be taken into account.

12. Duration and termination
12.1 Every agreement counts as indefinitely, unless explicitly stated otherwise.
12.2 You are able to end the agreement at any time by sending an e-mail to the customer-service of MiSolo.
12.3 MiSolo is entitled to end an agreement at any time and with that to refuse access to the service and website in case you:
- act in violation of this disclaimer
- act in violation the intellectual property rights of others
- act in violation of the Dutch law; undiminished the right of MiSolo to take further juridical steps and claim damages.

13. Final provisions
13.1 MiSolo is entitled to modify the disclaimer at all times. If this happens, the specific modification will be announced on the website. In case you won't accept the specific modification you need to end the agreement. By keep using the service you agree with the modified disclaimer by definition.
13.2 If and to the extent any provision of this Disclaimer is invalid or unenforceable, the remaining provisions of the Terms of Use remain in full force.
13.3 The agreement applies to the dutch right.
13.4 All litigations caused by the agreement will be handed over to the entitled court at 's-Hertogenbosch in The Netherlands.

Additional conditions erotica and pornography
Concerning the protected area - meant for erotica and pornographic content - in addition to the previous articles the following conditions will apply.

14. Erotica and pornography
14.1 Exclusively, on a specific protected part of the website, MiSolo offers the possibility to use the chatrooms for sexual, erotic or pornographic content.
14.2 This protected part of the website can only be used by users at the age of 18 years or older. By using this protected part of the website you guarantee you are indeed 18 years old or older.
14.3 It is strictly prohibited to use the service for:
- sharing erotic or pornographic content with users under the age of 18.
- sexual activities in the presence of minors
- spreading illegal erotic or pornographic content
- every (involuntary) form of prostitution or escort service
- offering or promoting prostitution services, escort services, trafficking in human beings or any other sexual acts or deeds for commercial use
- blackmailing, exploiting, threatening or take advantage of other Users
- other illegal or illegitimate activities
14.4 Right after entering a chatroom you need to check if the person you are going to chat with, has reached the age of 18 years.
14.5 In case you reasonably suspect another user for being under the age of 18 years, or in a way someone is in violation of article 14.3, you immediately have to stop that specific chat and notify MiSolo of this specific case.