The website www.eroticroulette.com (hereinafter referred to as the "Website") is a live video chat application including text, audio, and video messaging services.
The purpose of these General Terms and Conditions is to define the terms and conditions of use of the services provided on the Website (hereinafter referred to as the "Services") as well as to define the rights and obligations of visitors, users (hereinafter “Users”) within this context.
These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Website (hereinafter referred to as: the “General Terms and Conditions”).
They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions. In the case of any inconsistency between the General Terms and Conditions and these specific conditions, the latter shall prevail.
The Website and the Services are managed by the company Emvado Webadvertising B.V, having its registered office at Stationsplein 91, 5211BM 's-Hertogenbosch, Netherlands (hereinafter referred to as "EMVADO").
EMVADO can be contacted, including for any claim, through any of the following channels:
Street Address: Stationsplein 91, 5211BM 's-Hertogenbosch, Netherlands
Telephone: (email only)
Email address: [email protected]
The Manager of the Website and Services may also be referred to as the "Manager".
The Website and the Services can be accessed by any person who is at least eighteen (18) years old and who has the full legal capacity to be bound by these General Terms and Conditions. Any person who does not have such full legal capacity may only access the Website and the Services with the agreement of their legal representative. Any person who is under the age of eighteen (18) may not access the Website and may not use the Services. Some content may initially be restricted and can be unlocked after successful age verification of the User. Whether age verification is required depends on the laws of the country applicable to the User. In such cases, age verification is carried out using an implemented age verification system.
The Website and the Services are intended exclusively for private individuals and are not meant for professional use, understood as any use directly or indirectly linked to a regular remunerated activity in any branch of trade or industry.
8.1 Users who register on the Website can accept these General Terms and Conditions by clicking “Enter” on the Welcome and Warning popup.
For Users who have not registered on the Website, their use of the Website and/or the Services entails their acceptance without any reservation of the General Terms and Conditions of Use.
8.2 Acceptance of these General Terms and Conditions can only be full and complete. Any qualified acceptance is considered null and void. Users who do not accept to be bound by the General Terms and Conditions of Use must not access the Website or use the Services.
5.1 Users are expressly informed and accept that all payments made through the Website are handled by the company Online Payments Group AG registered in the Commercial Registry of the Canton of Schwyz under the number CHE-167.830.260, whose head office is located at Sihleggstrasse 23, 8832 Wollerau, Switzerland (hereinafter referred to as: « SecurionPay ») or by the company Verotel Merchant Services B.V, a company organized under Dutch law and registered with the Dutch Chamber of Commerce under trade register number 34180575, whose head office is located at Danzigerkade 23D, 1013 AP Amsterdam, Netherlands (hereinafter referred to as: « CardBilling »).
Users contract directly with SecurionPay or CardBilling, as regards the implementation of these payments, by accepting SecurionPay’s or CardBilling’s general terms and conditions through a checkbox when they register on the Website.
5.2 In connection with the Services, Users submit to SecurionPay or CardBilling all their instructions with regard to payments through their Personal Space. Users therefore expressly designate the Manager to transmit these instructions to SecurionPay or CardBilling, in their name and on their behalf.
5.3 As the implementation of the Services requires the implementation of payments, Users are informed and accept that SecurionPay's or CardBilling's rejection of their registration as users of its own payment services, as well as the termination of the contract between a User and SecurionPay or a User and CardBilling, for any reason whatsoever, shall automatically and fully entail the termination of this contract between the Manager and this User, as well as, consequently, the closing of the latter’s Account.
Conversely, the termination of this contract between the Manager and a User shall automatically and fully entail the termination of the contract between this User and SecurionPay or this User and CardBilling.
5.4 Users may have other payment processors available on the payment page. Legal details of payment processors are available on the payment page. The same terms and conditions apply for any new or temporary payment processor available on the payment page.
6.1 Visitors of the Website may temporarily use the Services free of charge until registration is required as indicated on the Website (hereinafter referred to as the “Trial Period”).
6.2 The Manager is entitled to determine freely the duration of such Trial Period.
6.3 In order to use the Services outside the Trial Period, Users must register on the Website by completing the registration form and comply with any required registration process. Users must provide all information that is marked as being required. Incomplete registrations shall not be validated. Whether age verification is required depends on the laws of the country applicable to the User. In such cases, age verification is carried out using an implemented age verification system.
Registering automatically entails the opening of an account in the Users' name (hereinafter referred to as the "Account"), giving Users access to their own personal space (hereinafter referred to as the "Personal Space") which shall enable them to use the Services in a format and according to the technical means that the Manager deems the most appropriate for providing the said Services.
Users guarantee that all information they provide in the registration form is exact, up to date, and sincere and is in no way misleading or dishonest.
They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Users are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Users shall be binding upon confirmation.
New members of the Website may temporarily enjoy an additional Trial Period.
In general, the site reserves the right to offer or not to offer free trials to the users it wishes, according to its marketing strategy. The free trial is absolutely not a service that a user can request. It is also possible that a technical problem prevents the site from offering a free trial to a user to whom the site was supposed to offer a free trial. In all cases and for whatever reason, users cannot claim a free trial under any circumstances, which is only offered at the discretion of the site.
6.4 Users can access their Personal Space by logging in to the Website using their connection ID and their password.
Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
Users are also responsible for keeping their connection ID and password confidential, as any access to the Website with this ID and password is deemed to be made by them. Users must contact the Manager immediately through any of the channels mentioned in Article 2 of these General Terms and Conditions of Use, if they notice that their Account has been used without their knowledge. Users acknowledge the Manager’s right to take all measures it deems appropriate in a case such as this.
Users have access to the following Services, in a format and according to the technical means that the Manager deems the most appropriate. Certain Services are available to Users on a per-minute basis only and are subject to the payment of fees according to the article “Financial Conditions”. If the User wishes to access content that, under the laws of the country applicable to the User, may only be made available after successful age verification, the User must provide the necessary information and submit the required proof. This is carried out through an implemented age verification system. If the age verification fails, is canceled, or is otherwise unsuccessful, access to the restricted content will not be possible.
7.1 Messaging service
7.2 Technical support
7.3 Other Services
8.1 Prices
8.2 Price revision
8.3 Invoicing
8.4 Terms of payment
8.5 Payment delays and incidents
Users are informed that a right of withdrawal applies in principle to all distance service agreements concluded between professionals and consumers, and that this right may be exercised within 14 (fourteen) days from this contract’s conclusion.
They are, however, expressly informed and accept that Services are provided to them once they are registered and are therefore fully performed before expiry of the above-mentioned withdrawal period. Consequently, they expressly waive their right of withdrawal, which cannot be exercised.
Users expressly acknowledge and accept that:
Users can access this data in the invoices and receipts they receive from payment processors available on our site.
Without prejudice to other obligations provided for in this agreement, Users undertake to respect the following obligations.
11.1 Users agree, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
Each User is solely responsible for successfully completing all necessary administrative, tax, and/or social formalities, as well as for the payment of contributions and taxes of all types concerning them that could result from their use of the Services. The Manager shall in no case be held liable in this respect.
11.2 Users acknowledge having read on the Website and understood the characteristics and constraints, technical in particular, of the entire range of Services. Each User is solely responsible for their use of the Services including relations they may set up with other Users and information they may provide to them within the Services. It is their responsibility to exercise the required prudence and good judgement in these relations and communications. Besides, Users undertake, when exchanging with other Users, to respect the usual rules of politeness and courtesy.
11.3 Users shall refrain from proposing to other Users paid sexual relations or any other practice similar to prostitution. In general, Users shall refrain from any behaviour that could engage the civil or criminal liability of the Manager in application of the legal provisions relating to pimping.
11.4 Users undertake to use the Services themselves personally. They shall not transfer, sublicense, delegate, or assign all or part of their rights or obligations under the present General Terms and Conditions of use to any third party, in any way.
11.5 Users agree not to provide financial information to other Users.
11.6 Users are solely responsible for interactions with other Users. Therefore, Users understand that the Manager does not conduct criminal background checks on Users.
11.7 Users agree to provide the Manager with all information necessary for the proper performance of the Services. More generally, Users agree to actively cooperate with the Manager with a view to ensuring the proper performance of these General Terms and Conditions.
11.8 Each User is solely responsible for the contents of whatever nature (editorial, graphic, audio, audiovisual, or otherwise, including the name and / or image chosen by the User to identify themselves on the Website), that they broadcast within the framework of the Services (hereinafter referred to as the "Content").
Each User guarantees the Manager that they have all the necessary rights and authorizations for the publication of this Content.
Users agree that this Content is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third-party rights or legal provision and / or regulation, and, more generally, is in no way likely to bring the civil or criminal liability of the Manager into play.
Users therefore agree to refrain from publishing, in particular, but not limited to:
11.9 Users expressly grant to the Manager the right to use their profile image, for purposes of illustration on the Website or promotion of the Website, by any means and on any media whatsoever, for the entire world and for the term of their registration on the Website. Such right is granted free of charge.
11.10 Users expressly acknowledge that the use of the Services requires that they should be connected to the internet and that they are solely responsible for such connection.
11.11 Users shall not manipulate, block, or otherwise circumvent age verification through the technical means of the implemented age verification system.
Each User agrees to defend, indemnify, and hold the Manager harmless from and against any claims, demands, actions, and/or grievances whatsoever, that the Manager could incur as a result of a breach by the User in question of any one of their obligations or guarantees under these General Terms and Conditions.
Users agree to compensate the Manager for any prejudice that the latter could be subject to, and to pay any costs, liabilities, charges, and / or convictions that the latter could incur, as a result of such a breach.
Users are expressly informed and accept that the Manager will be able to access, analyse, automatically or not, and store the contents exchanged between Users within the framework of the Services in order to verify compliance with the present General Terms and Conditions. All written texts and broadcasted video content are monitored continuously by the Manager through automatic and manual moderation procedures. Any content found to be in breach of the Terms and Conditions will be deleted and the User's Account will be banned from further use of our Services.
13.1 It is strictly prohibited to use the Services to the following ends:
13.2 Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology, or any other component of the Manager’s Website.
13.3 The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down, or prevent continuity of the Services, (ii) any hacking or attempts to hack into the Manager’s IT systems, (iii) any hijacking of the Website's system resources, (iv) any acts that would place a disproportionate load on the Website's infrastructure, (v) any attempts to breach the Website's security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial, and moral interests of the Manager or of the Users of its Website and finally, more generally, (vii) any breach of these General Terms and Conditions.
13.4 It is strictly prohibited to make money from, sell, or concede all or part of one's access to the Services or to the Website or to the information that is hosted and / or shared on the Website.
13.5 Complaints & Support: We follow a complaint process regarding the content on our Website. The process allows any User to report any content that may be illegal or that otherwise violates the standards of our website. We review and resolve all reported complaints within five (5) business days. In the event such review yields evidence of illegal content or content which violates the standards, we will remove the content immediately. Complaints can be filed using the report form at https://www.eroticroulette.com/legal/report
13.6 Complaints & Dispute: In the event of any complaint or dispute related to the Website or these Terms and Conditions, please contact our support team. You can find details in the "Support" button on our Website. You can submit your complaint via e-mail and we will respond as promptly as possible.
In the event of a breach by a User of any of the provisions of these General Terms and Conditions, or more generally, of any infringement by the User of any laws and regulations in force, the Manager reserves the right to take any measures it deems appropriate and in particular:
(i) to suspend access to the Services for any User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
(ii) to delete the Account of the User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
(iii) to delete any and all of the Content placed by the User on the Website,
(iv) to publish on the Website any related informational message that the Manager deems useful,
(v) to inform any relevant authorities,
(vi) to commence and prosecute any legal proceedings.
In the event of a breach by a User of a substantial obligation stipulated in these General Terms and Conditions, the Manager reserves the right to cancel the User’s access to all or part of the Services, effective immediately, by letter or email. The cancellation takes effect by operation of law on the date the written notification is sent by the Manager to the User, as per this clause. The cancellation will cause the automatic deletion of the User’s Account, without prejudice to the other consequences that may be set out in the present General Terms and Conditions.
15.1 The Manager agrees to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.
15.2 The Manager has no knowledge of Content posted online by Users within the context of the Services, and shall not moderate, select, check, or monitor in any way this Content, with regard to which the Manager only intervenes within the role of hosting provider.
Consequently, the Manager cannot be held liable for Content whose authors are third parties, and any potential claims should be made firstly to the author of the Content in question.
Any Content that causes prejudice to a third party can, however, be the subject of a complaint to the Manager within the conditions defined in Article 6:196c of the Dutch Civil Code (Burgerlijk Wetboek), implementing EU Directive 2000/31/EC on electronic commerce, the Manager reserving the right to take the measures set forth in these General Terms and Conditions.
15.3 The Manager assumes no responsibility in the event that any information from the Personal Space of a User is lost. Users should keep a backup copy and shall not be able to claim for any damages caused by any loss of this information.
15.4 The Manager agrees to regularly check that the Website is operational and can be accessed. To this end, the Manager reserves the right to interrupt access to the Website momentarily for maintenance purposes. In the same way, the Manager shall not be held liable if the Website is ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside the Manager’s control, force majeure, or due to any disruption in the telecommunications network.
15.5 The Manager does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults, or defects, (ii) that the Services, being standard and not offered specifically to any one given User according to that User’s own personal constraints, shall specifically meet that User’s needs or expectations.
15.6 In any event, any liability that could be incurred by the Manager within the framework of this agreement is expressly and solely limited to direct actual damages suffered by Users.
16.1 Intellectual Property of the Manager
16.2 Intellectual Property of the Users
The Manager practises a policy of protection of personal data, the characteristics of which are detailed in the document "Privacy & Cookie Policy", which Users are expressly invited to read.
The Manager may insert advertising or promotional messages on any page of the Website or in any communication sent to Users, in a format and according to the conditions, that the Manager solely deems appropriate.
The Manager can in no way be held liable for the technical availability or unavailability of Internet sites or mobile applications operated by third parties (including its potential partners) which Users would access through links on the Website.
The Manager shall not be liable for content, advertisements, products and / or services available on such third-party sites or mobile applications, and Users are hereby reminded that these sites are governed by their own terms and conditions of use.
The Manager shall not be liable for any transactions conducted between Users and any advertisers, professionals, or salespersons (including its potential partners) to which Users may be oriented through the Website and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and / or services, guarantees, declarations, or any other obligations whatsoever to which these third parties may be bound.
By agreeing to our terms and conditions, you agree to receive transactional emails (related to an action taken by you on our site) and promotional emails (emails advertising temporary or permanent offers on the EroticRoulette site). Under no circumstances will we give your contact information (including email) to third parties. Therefore, you will only receive emails from EroticRoulette.
You may receive promotional emails from EroticRoulette for up to 3 (three) years after your last login to EroticRoulette.
Transactional emails are mandatory and are triggered by your own actions on the site. These emails are necessary for the effective completion of the action you have taken. If you want to stop receiving transactional emails, you must stop using the site. Regarding promotional emails, you can decide at any time to stop receiving them by clicking on the unsubscribe link available in the email.
Users can opt out of the Services at any time, by clicking “Account” and “Delete my account” on their Personal Space.
This shall cause the automatic deletion of their Account. Upon deletion of the Account, all Credits purchased by the User are irrevocably lost and cannot be reimbursed.
Besides, the Manager reserves the right to close and delete any Account that shall remain inactive for a continuous period of 365 (three hundred and sixty-five) days.
The Manager reserves the right to amend these General Terms and Conditions at any time.
Users shall be informed of these amendments through any pertinent channel.
Any User who does not agree with the amended General Terms and Conditions must unsubscribe from the Services according to the provisions set out above.
The amended General Terms and Conditions apply immediately. Users are thus invited to regularly consult the latest version of the General Terms and Conditions on the Website.
Users who continue to use the Services after the entry into force of the amended General Terms and Conditions shall be deemed to have accepted these amendments.
In the event of a translation of these General Terms and Conditions into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any of the terms or provisions herein.
In the event of any claim made by a European consumer, for which no amicable solution is found with the customer service of the Manager, this consumer has the right to use the European Online Dispute Resolution platform which may be accessed at the following URL address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
These General Terms and Conditions of Use are governed by Dutch law.