Terms of use

THE CASUAL LOUNGE TERMS OF USE

Last revised 6th of July 2016

 

PLEASE READ THESE TERMS CAREFULLY AS YOU AGREE TO BE BOUND TO THEM BY ACCESSING OR USING OUR SERVICES OFFERED THROUGH OUR SITES. IF YOU DO NOT AGREE TO THESE TERMS DON`T ACCESS OR USE OUR SERVICES. 

If you have any questions or comments, you may contact The Casual Lounge by email through support@thecasuallounge.com.

This Terms of Use Agreement (the "Agreement") is a legal agreement that governs our relationship with users and others that interact with iMedia 888 GmbH and our subsidiaries and affiliates ("The Casual Lounge," "we," or "us") in connection with the use of The Casual Lounge websites  (the "Sites") and our Services as defined below. The Casual Lounge currently makes services available through our Sites and applications including our mobile applications. The Casual Lounge may offer additional services or products or modify or revise any of the existing Services and this Agreement will be valid for those as well unless otherwise indicated. We also reserve the right to cease offering any of the Services. You agree that The Casual Lounge shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.

All visitors to our Sites, whether registered or not, are "users" of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a "Member".

This Agreement and any policy or guideline of the Services may be modified by The Casual Lounge in its sole discretion at any time, with or without notice. Any modifications or changes will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services after the posting of changes or modifications will automatically lead to your acceptance of such changes or modifications; therefore, it´s upon your responsibility to frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.

 

1. USE OF THE SITE

a) Requirements for usage

The Casual Lounge is a meeting place for adults only, so you must be at least 18 years old in order to become a member on our Sites and make use of our Services.

You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using The Casual Lounge you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.

b) Content rules

On The Casual Lounge you are allowed to post all kind of things including photographs, emails, messages and other content (“Content”)

You are NOT allowed to POST or SEND content though which:

  1. contains language or expletives which could be deemed offensive or is likely to harass, upset or annoy any other person;
  2. is pornographic or otherwise may offend human dignity;
  3. is insulting or threatening, or which promotes or encourages racism or  sexism,;
  4. encourages any illegal activity including, without limitation, terrorism or inciting racial hatred
  5. is defamatory;
  6. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
  7. involves the transmission of “spam”or “junk” mail;
  8. contains any spy ware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any soft- or hardware and any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from The Casual Lounge or otherwise;
  9. itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights).

In addition to the above you shall not display any personal data such as banking information on your individual profile page (“Profile”) whether in relation to any other person or to you as this may cause damage to you. If you do so, it is at your own risk.

You also may not use other people´s personal information for commercial purposes, to spam or to make unlawful threats. In case of abuse of others´ information, The Casual Lounge reserves the right to terminate your account.

Whenever you upload content to The Casual Lounge it is available and accessible for the general public.

If you don´t want others to have access to such content you should not upload it to The Casual Lounge. We reserve the right (without obligation) without giving you notice, to remove or edit, block or limit access to any content that you upload or submit to The Casual Lounge without any incurring liability to you. We neither have any obligation to display, check the accuracy or truthfulness of your content submitted to The Casual Lounge nor are we obliged to monitor your use or the use of other users of The Casual Lounge.

When you submit Content to The Casual Lounge you warrant that you are the exclusive owner of it and you agree to waive any rights relating to it. Hereby you also grant The Casual Lounge non-exclusive, royalty free and perpetual worldwide license to use such Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future). This may also be sub-licensed to our affiliates and successors without any further approval required from you.

All non-users content (including all text, graphics, trademarks, logos, sound and artworks) are owned, controlled or licensed by us and are protected by trademark, copyright and other intellectual property law rights.

In relation to the Content on The Casual Lounge you don´t have any rights and you agree that you will not use any Content in any manner, which may infringe any third party’s rights other than in relation to Content submitted by you to us. This means – without limitation to the foregoing - that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of the The Casual Lounge site or the Content contained on it (other than the Content submitted by you) to anyone else.

 

2. PAID SERVICES

a) General

If you purchase any Services that are subject to a fee such as a subscription to our Services or virtual coins (the "Paid Services"), you authorize The Casual Lounge and our designated payment providers to store your payment card information and other related information required to process your payment. With your purchase you also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the "Subscription Fees") as set forth on the Services) as soon as they become due and to cover all collection costs and interest for any overdue amounts. All of our fees and charges are nonrefundable and there are no refunds or credits for any partially used subscription periods except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at The Casual Lounge's sole and absolute discretion. The Fees for the Paid Services shall be paid in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All our prices for Paid Services are subject to change without notice.

b) Payment Method

The Casual Lounge offers its clients various payment methods, which include, without any limitation payment by credit card, by debit card, by direct debit or by certain mobile payment methods also through local mobile carriers. The charges for the Paid Services will be debited from the payment method you have selected for the purchase and you agree to make payment to The Casual Lounge using that Payment Method. If your payments declined by your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method. 

c) Automatic Renewal of Subscriptions 

IF YOU PAY FOR A SUBSCRIPTION BY ANY PAYMENT METHOD IDENTIFIED ON OUR SERVICES AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 2(d) BELOW PRIOR TO THE END OF THE TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED UNLESS OTHERWISE DEFINED ON THE PRODUCT DESCRIPTION ON OUR PAYMENT PAGE (FOR EXAMPLE, UNLESS YOU CANCEL, A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AND A SIX MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A SIX MONTH BASIS) UNLESS OTHERWISE INDICATED SUCH RENEWAL WILL ALSO BE AT THE SAME SUBSCRIPTION FEE AS INITIALLY PURCHASED. ANY NOTIFICATION FOR A PRICE INCREASE SHALL HAPPEN 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM YOU ACKNOWLEDGE AND AGREE TO THE TERMS SET IN THIS PARAGRAPH AROUND AUTOMATIC RENEWALS AND THAT YOU WILL TAKE CARE OF ALL OBLIGATIONS RESULTING OUT OF IT.

d) Cancellation of Subscriptions

A CANCELATION OF YOUR SUBSCRIPTION IS POSSIBLE BY FAX AT ANY TIME. THE FOLLOWING NOTICE PERIODS APPLY.

       -    1 MONTH SUBSCRIPTION: 2 WEEKS

       -    3 MONTH SUBSCRIPTION: 4 WEEKS

       -    6 MONTH SUBSCRIPTION: 6 WEEKS

       -    12 MONTH SUBSCRIPTION: 8 WEEKS

YOU HAVE TO CANCEL YOUR SUBSCRIPTION BY RESPECTING THE NOTICE PERIODS TO THE END OF YOUR CURRENT SUBSCRIPTION BY SENDING A FAX TO THE FOLLOWING NUMBER: +4989943992159.  YOUR CANCELATION MUST INCLUDE YOUR EMAIL ADDRESS, YOUR NICKNAME, YOUR CANCELATION REASON AS WELL AS YOUR PERSONAL CANCELATION ID. ANY CANCELATION MADE LATER THAN SPECIFIED IN THE NOTICE PERIOD WILL RESULT IN YOUR SUBSCRIPTION GETTING RENEWED FOR ONE LAST TIME GETTING TERMINATED AFTERWARDS. YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES. INCOMPLETE CANCELATIONS WHICH DO NOT INCLUDE ALL ELEMENTS AS DESCRIBED ABOVE CANNOT BE PROCESSED. EXCEPT AS REQUIRED BY APPLICABLE LAW, YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM.

OUR TERMS OF USE AGREEMENT WILL BE AVAILABLE ON WWW.THE CASUAL LOUNGE.COM DURING THE DURATION OF THE CONTRACT.

e) Current Billing Information Required

You agree to provide current, complete and accurate billing information and to update them as soon as changes occur to them (such as changes in billing address, credit card number or credit card expiration date), which are necessary for the processing of all payments that are due to us. Any failure to the above does not affect your responsibility for all charges resulting out of your current Payment Method, which will be continued to be charged.

f) Change in Amount Authorized

If the amount to be charged varies from the authorized amount when making a purchase for any Paid Services, The Casual Lounge will notice you about the amount to be charged and the date of the charge at least 21 days before the scheduled date of the transaction. You agree that charges incurred may be accumulated and get submitted as one or more aggregate charges during or at the end of each billing cycle by us.

g) Virtual Currency

The Casual Lounge also offers a set of features which require coins to use them The coins may be given for free in exchange for activities done by the user or can be purchased. When you redeem coins, purchased coins will be redeemed first before any promotional or earned coins will be used.

Your coins will be stored in an account for you and any purchased coins expire six months after you purchased them. They can´t be transferred to any other user or third party, cannot be redeemed for cash and are non-refundable except (i) as required by law or (ii) at our sole and absolute discretion. We may, without further notice to you, redeem all paid coins from your account in case you turn inactive which is defined as no login for one year. The same applies in case you deactivate your account on The Casual Lounge. Furthermore, we may limit or even suspend your access to coins if we suspect, in our sole discretion, fraudulent, abusive or unlawful activity associated with your account.

If we post coins to your account for an activity that is subsequently voided or canceled or that involves a returned item, then we will remove those coins again from your account. In case you believe that we haven´t posted coins correctly to your account, please contact our customer service by email at support@thecasuallounge.com.

h) Incorrect Payments and Errors

In the unlikely event that you submit to us a payment for Paid Services that does not match the price for the Paid Services you have selected, we shall have the right to (1) return or refund all or some of the amount of your payment, (2) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment, (3) apply all or some of the amount of your payment to the purchase of our virtual currency or (4) apply your payment in any combination of (1) to (3).

 

3. MOBILE SERVICES

You may access and use certain features of our Services on certain mobile devices, (the "Mobile Services"). Your access and use of the Mobile Services is subject to the terms and conditions of this Agreement, including without limitation the terms and conditions regarding the use and submission of User Content, as well as any Additional Terms presented to you for your acceptance when you sign up to use our Mobile Services. The usage of Mobile Services implies additional cost from your carrier you have to pay for.

 

4. DOWNLOADABLE APPLICATIONS

By using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms and conditions of the End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.

 

5. FREE TRIALS AND PROMOTIONS

From time to time, we may offer free trials or other promotions (a "Promotion"). As an example, we may offer promotions that provide free subscriber-level access to the Services for a limited period of time. YOU MUST CANCEL YOUR SUBSCRIPTION (IN ACCORDANCE WITH SECTION 2(d) ABOVE) BEFORE THE END OF THE PROMOTION PERIOD IN ORDER TO AVOID BEING AUTOMATICALLY CHARGED FOR SUBSCRIPTION FEES. As another example, we may provide you with our virtual currency without charge. Any such virtual currency is subject to the terms set forth in section 2(g). Additional Terms applicable to any Promotions may be provided.

 

6. COMMUNICATION BETWEEN MEMBERS

The customer is aware that imedia888 GmbH is using professional animators operators to entertain the members at its best. They are not highlighted in the system and there is no opportunity to meet those people in real live.

 

7. DISCLAIMERS

THE CASUAL LOUNGE PROVIDES THE SITES, ALL PROPRIETARY MATERIALS AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE CASUAL LOUNGE DOES NOT WARRANT THAT (A) YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CASUAL LOUNGE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO THE AVAILABILITY AND CONNECTIVITY OF THE SERVICES.

THE CASUAL LOUNGE DOES NOT HAVE ANY OBLIGATION TO SCREEN OR VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, WE DISCLAIM ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

THE CASUAL LOUNGE DOES NOT: (i) GUARANTEE THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY INFORMATION OF THE SERVICES, OR (ii) ENDORSE, ADOPT OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OF THE SERVICES OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE CASUAL LOUNGE. THE CASUAL LOUNGE WILL NOT BE RESPONSIBLE - UNDER NO CIRCUMSTANCES - FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

 

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE CASUAL LOUNGE OR ANY OF ITS EMPLOYEES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT ANY LIMITATION DIRECT, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE CASUAL LOUNGE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE CASUAL LOUNGES’ RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL THE CASUAL LOUNGE´S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS AND (2) USD50.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CASUAL LOUNGE BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT ANY LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

 

9. DISPUTES AND INDEMNIFICATION

a) Disputes

Our main goal is to resolve any disputes quickly and amicably and we would like to encourage you to contact us and explain your complaint prior to initiating any legal action or making a chargeback. You agree that any dispute arising from this Agreement or about or involving the Services will be governed by the laws of Federal Republic of Germany, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and The Casual Lounge agree to submit to the sole and exclusive jurisdiction of Germany in such legal action or proceeding.

b) Indemnity

You agree to defend, indemnify and hold The Casual Lounge, its subsidiaries and affiliates, and each of their staff and partners harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney's fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any User Content or Submission you provide or transmit through the Services, (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules or regulations.

 

10. TERMINATION

This Agreement is effective upon your first use of the Services and shall remain effective until it is terminated in accordance with the terms of this Agreement. 

a) Termination by The Casual Lounge

The Casual Lounge may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses) notwithstanding anything to the contrary in this Agreement. At our sole discretion, we also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time. In the event of a termination or suspension of your access to any of the Services for cause, such as due to any breach of this Agreement, flagged conduct or content or third party complaints, you agree that all fees then paid to The Casual Lounge by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your subscription will immediately be due and payable. All decisions as to the refund ability of the fees are in The Casual Lounge´s sole discretion. 

b) Termination by You

In addition to any right to cancel your subscription, you may deactivate or terminate your account at any time and for any reason. Therefore lease send us an email to support@thecasuallounge.com Except as otherwise provided by law or in this Agreement, you will not be entitled to any refund of the fees you have paid to The Casual Lounge and all outstanding or pending payments under the terms of your subscription will immediately be due and payable.

 

11. ADVERTISERS AND OTHER THIRD PARTIES

Our Services may contain promotions and advertisements from third parties or may otherwise provide information about or links to third party products or services. Your business dealings or correspondence with such third parties roar participation in promotions of such third parties and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third parties. The Casual Lounge is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that The Casual Lounge shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.

 

12. MISCELLANEOUS

If any provision of this Agreement is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of The Casual Lounge to exercise or enforce any right or provision in this Agreement shall not operate as a waiver of such right or provision.

 

13. LANGUAGE OF THE AGREEMENT

The language of this Agreement is English. Where The Casual Lounge has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with The Casual Lounge. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.