Terms of Use

(Last revised on 25 January 2022)

 

1. Consent – Acceptance of Terms & Conditions

By creating a profile ('Profile') and using the Service, you acknowledge that you are fully informed of and agree to be bound by these terms of use ('Terms & Conditions'), our Privacy PolicyCookie Policy and Community Guidelines.

These Terms & Conditions, together with the Privacy Policy, the Cookie Policy and the Community Guidelines, constitute the entire agreement between you and Selfbum ('Agreement'). In case you do not agree to be bound by all of the terms of this Agreement, please do not use the Service.

2. Eligibility

The services offered by Selfbum are for adults only. You must be at least 18 years old to create a Profile and use the Service. By creating a Profile and using the Service, you represent and warrant that:

  • You can form a binding contract with Selfbum.
  • You will comply with this Agreement and all applicable laws and regulations.
  • You will provide correct, accurate and true information that is not misleading, and that you will promptly update in case of any changes.
  • You have never been convicted of a felony or indictable offence (or crime of similar severity), a sex crime, or any crime involving violence.

3. Membership

You can gain access to the Service and become a member (hereinafter 'Member') of Selfbum by creating a Profile on the Service for free. To receive full access to all functionalities of the Service you need to get Coins (as defined in article 7.1), which are subject to payment of a fee.

You may sign in using your email address or using your Google Account. If you do so, you authorise us to access and use certain information from your Google Account as described in Google's consent mechanism. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

Selfbum has the right to decline any request for membership if you do not meet the conditions for registration. No Member may create an account more than once, not even by using a different name. The membership is personal to the Member and cannot be assigned or transferred to third parties.

You are responsible for maintaining the confidentiality of usernames, logins, passwords and/or other entry codes you use to sign up for Selfbum (login credentials). Therefore, you are solely responsible for all activities that occur under those login credentials. This includes all actions or statements made by an intermediary using your account, whether they are fraudulent or not. You will indemnify Selfbum for any claim arising in connection with these, other than in the event of fault exclusively attributable to Selfbum or technical failure of the Services. If you have reason to believe that someone is using your login credentials, please immediately inform Selfbum by sending an email to help-en@Selfbum.live.

4. Termination and Suspension

You may terminate your Selfbum membership at any time, for any reason, via your Settings. Take into account that terminating your membership will not automatically terminate your subscription for the Service initiated via a third-party account, such as your Apple or Google account. Selfbum may also terminate or suspend your membership at any time if it appears that you have violated the terms of the Agreement. Such termination or suspension can take place without prior notice. Following such termination or suspension, you cannot attempt to register as a Member or make use of the Service, unless we inform you that the suspension was lifted. Termination will not entitle you to any reimbursement.

Regardless of other provisions in these Terms & Conditions, if you breach your obligations, Selfbum may permanently remove your account and ban you from using its Service. In this case, Selfbum may also prevent you from accessing any other services provided by Selfbum's parent company Match Group (see https://mtch.com/), and this without prior notice. Your removal from Selfbum will not give you a right of reimbursement. You will be notified of your account closure by email or when you try to access the Service. Even after closing your account, Selfbum is still entitled to claim damages and interests in order to restitute the losses which are the result of the breach of these Terms & Conditions.

5. Obligations for Members

In order to use the Service, you agree to comply with the Agreement and with applicable laws and regulations, and to respect the rights of other Members. In particular, you agree to:

  • Use the Service while respecting its purpose, which is to allow individuals to chat for personal, entertainment and non-commercial purposes. You must not use this Service to sell any goods or services, or distribute any promotional materials, or other commercial or business purposes.
  • Respect the intellectual property rights of the content disseminated on the Service, as well as the content provided by other Members. Thus, you agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Selfbum’s prior written consent.
  • Ensure that you define the limits of your private life and that you do not communicate confidential, sensitive or financial information through the Service.

Furthermore, you agree that you will not:

  • violate our Guidelines, as updated from time to time;
  • insult other Members or post any statement or content that is defamatory, abusive, obscene, offensive, violent, political, racist, xenophobic, sexually explicit or pornographic. You will not post any statement or content that incites violence, contains nudity or is offending human dignity. In general, you will not post any statement or content contrary to the purpose of the Service or to applicable laws and regulations;
  • use the Service for solicitation, prostitution or to create or offer a transactional relationship with other users (e.g., requesting gifts in exchange for online attention, company or sexual acts);
  • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service;
  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, 'data mine', or in any way reproduce or circumvent the navigational structure or presentation of the Service or its content;
  • harm other visitors of the Service by installing computer viruses or other malware;
  • share any misleading, harassing, threatening, defamatory or tormenting content;
  • bully, stalk and harass other Members;
  • try to convince other Members of your political or religious views. Excessive use of national or religious symbols won't be tolerated;
  • impersonate any other person or use another Member’s account. You may only post content that relates to your true identity;
  • share any illegal content or content that may encourage conduct that would be considered a criminal offence. Photos with weapons are not allowed;
  • post content that infringes other people's intellectual property or portrait rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right. This means you cannot copy other people's materials or photos without their explicit permission;
  • post, display or disseminate, in any form whatsoever, information or content incorporating hyperlinks to third-party websites on the Service that are illegal, immoral and/or not in conformity with the purpose of the Service;
  • disseminate someone else's personal information without his or her permission;

A breach of any of these rules of conduct constitutes a serious material breach of your contractual obligations under these Terms and Conditions. Selfbum reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Selfbum regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. More information on how we process your personal data can be found in our Privacy Policy.

YOU AGREE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TO INDEMNIFY, DEFEND AND HOLD HARMLESS Selfbum, OUR AFFILIATES, AND THEIR AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES AGAINST ALL COMPLAINTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES. THIS INCLUDES ATTORNEY’S FEES, DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SERVICE, INFORMATION AND/OR OTHER MATERIAL SHARED ON THE SERVICE BY YOU AND/OR ARISING FROM OR DUE TO ANY BREACH OF THE AGREEMENT.

6. Safety

6.1 The Selfbum Service is a place where you can talk to new people around the world in your own language. Keeping the Service a safe and friendly environment is important both for you and for us. As a result, Members acknowledge and accept that content they provide, as well as their behaviour or comments made through the Service, may be reported by other Members and may be subject to acts of moderation and/or control by Selfbum on the basis of specific assessment criteria.

If you see content or experience behaviour on the Service that violates this Agreement, please report it to us in a timely manner by clicking the 'Report' button. If Selfbum considers your complaint to be justified, such offending content will be removed as soon as possible.

6.2 You agree to take reasonable precautions when you interact with other Members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow our Guidelines before you start using the Service. If you post and/or disclose to other Members any confidential or sensitive information, such as personal information (surname, postal address, email, telephone number…) or financial information (e.g., credit card or bank account information), then you do so entirely at your own risk.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT Selfbum DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRES INTO THE BACKGROUND OF ITS MEMBERS. Selfbum MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. THEREFORE Selfbum EXCLUDES ALL LIABILITY IN CONNECTION WITH EVENTS OF ANY NATURE WHICH COULD TAKE PLACE BETWEEN MEMBERS DURING ONLINE INTERACTIONS, WHETHER ON OR OFF THE SERVICE, OR IF YOU MEET IN PERSON.

7. Purchases

7.1 Coins

To receive full access to all functionalities of the Service, each Member has the option to purchase a limited, personal, non-transferable, revocable licence to use virtual items called Coins (hereinafter 'Coins'). You are only allowed to purchase Coins from us through the Service and not in any other way.

Selfbum, in its sole discretion, reserves the right to charge fees for the right to access or use Coins and/or may distribute Coins with or without charge. The right to use Coins starts immediately upon the acceptance of your purchase by Selfbum, Google or Apple (as the case may be) until termination of your account by either party, or when Selfbum ceases providing the Service.

If Coins are needed to initiate certain actions on the Service, the required amount of Coins does not give a permanent right to use the considered functionality, but only allows to initiate one given action. Any further action will be subject to a consumption of additional Coins.

When using Coins on the Service, you agree that Coins received on the basis of in-app purchases (via one-time purchases or a subscription) shall be subtracted first from your total number of Coins, before 'free' Coins (Coins not obtained through an in-app purchase or subscription) are used.

Any Coins balance shown in your account does not constitute a real-world balance or reflect any stored value, and may only be redeemed through the Service. The transfer of Coins is prohibited, and you shall not sell, redeem or otherwise transfer Coins to any person or entity.

Subject to the exceptions set forth in section 7.4 of these Terms and Conditions, all purchases and redemptions of Coins made through the Service are FINAL AND NON-REFUNDABLE. You acknowledge that Selfbum is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Coins when an account is closed, whether such closure was voluntary or involuntary. However, if Selfbum ceases providing the Service, Coins and/or changes its business model, you will be entitled to a refund on a prorated basis. You are not entitled to a refund for 'free Coins'.

To the maximum extent permitted by applicable law, Selfbum is entitled to impose expiry dates for Coins. Applicable expiry dates will be indicated on the Service. IN THE EVENT NO EXPIRY DATE IS COMMUNICATED, COINS WILL AUTOMATICALLY EXPIRE 2 YEARS AFTER YOUR RECEIPT OF THE COINS, unless mandatory legislation would prevent the use of such an expiry date. You acknowledge that you cannot claim a refund for expired Coins.

Selfbum operates a global business and provides services to a diverse community of members. Our pricing structure may vary by country, length of subscription, bundle size, recent in-app promotions, payment provider, operating system or other criteria. We frequently test new features to provide members with increased functionality and payment options should they choose to use them.

7.2 In-App Purchases

Selfbum may offer products and services for purchase ('in-app purchases') through iTunes or Google Play, or other app stores authorised by Selfbum (as the case may be). If you choose to make an in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third-party account such as Google Play or iTunes) (your 'Payment Method') will be charged for the in-app purchase at the prices displayed to you for the service and/or membership period you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorise Selfbum or the third-party account, as applicable, to charge you. In this particular case, these in-app purchases are made from the third parties and are expressly subject to and governed by their terms and conditions. The billing terms, the payment terms as well as the terms applicable for renewal and termination will be communicated to you by the third party and shall be accepted before the purchase. Selfbum is not responsible or liable for such third parties' terms or actions.

7.3 Subscriptions

7.3.1 In General

Selfbum may offer subscriptions as in-app purchases. These subscriptions are governed by these Terms and Conditions and by terms and conditions that may be imposed by third parties through which you subscribe to Selfbum, as well as additional terms mentioned in the Service.

Selfbum is entitled to change certain features, functionalities or perks of any subscription type, and will inform you thereof in a timely manner. Having a subscription does not grant you the right to retain certain features, functionalities or perks of this subscription after your subscription ends. Ending a subscription will result in the termination of features, functionalities or perks that are specific to the subscription in question at the end of the then current subscription term.

7.3.2. Third-Party Accounts (Apple & Google) and Auto-Renewing Subscriptions

If you purchase a subscription, you agree to pay all charges at the prices displayed to you on the Service and you authorise Selfbum and/or the relevant third-party account such as your Apple or Google account to charge your Payment Method. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically be renewed for an additional equivalent period (or any shorter period if so displayed at the time of such renewal transaction), at the price you agreed to when subscribing, until you terminate or cancel the subscription.

After each in-app purchase, you will receive a notice confirming your transaction. For objections to a payment already made, please refer to 7.4 below.

You may unconditionally withdraw your consent to automatic card payments and automatic payments through third-party accounts at any time, but please be advised that you are still obligated to pay any outstanding amounts.

7.3.3. Additional Terms that apply if you pay Selfbum directly with your Payment Method.

If you pay Selfbum directly, your card payment information will be stored and subsequently used for any further automatic card payments.

You may edit your payment information by visiting Selfbum and going to your Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorise Selfbum to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorise us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

Selfbum may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your account, Selfbum may terminate your account immediately in its sole discretion.

7.3.4. Managing Auto-Renewing Subscriptions

If you subscribed using your Apple ID or Google Play account, you can switch off the auto-renewal by signing in to your third-party account and going into the 'Subscriptions' in your phone settings (Apple) or 'Account Settings' (Google). PLEASE NOTE THAT DELETING YOUR ACCOUNT OR THE Selfbum APP FROM YOUR PHONE WILL NOT CANCEL OR TERMINATE YOUR SUBSCRIPTION. Selfbum will retain all funds until you terminate or cancel your subscription via your Apple ID or Google Play, as applicable. Once you terminate or cancel your subscription, you may still use your subscription until the end of your then current subscription term, and your subscription will not be automatically renewed after the current term expires.

7.4 Refunds – Statutory Rights

Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. We will make an exception if the laws applicable in your jurisdiction provide for refunds and it is requested as described below (your 'Statutory Right of Cancellation').

For subscribers residing in the European Economic Area, Switzerland and the United Kingdom, in accordance with local law, your Statutory Right of Cancellation entitles you to a full refund without stating the reason during the 14 days after the subscription begins or from your purchase, provided however that you did not start to use the services offered by your subscription or did not start to use your Coins. Once you start using your Coins or use the services offered by your subscription, you acknowledge that you waive your Statutory Right of Cancellation.

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Selfbum) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

If possible for Selfbum, refunds will be made using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.

To request a refund in accordance with your Statutory Right of Cancellation: If you subscribed using your Apple ID, refunds are handled by Apple, not Selfbum. To request a refund, go to iTunes, click on your Apple ID, select 'Purchase history', find the transaction and hit 'Report Problem'. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account: please contact our Help Desk with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).

Alternatively, you may use the standard cancellation form (Annex 1), but this is not a requirement.

You will also be able to object by contacting your bank or payment provider, who can provide further information on your rights and on any applicable time limits with regard to objecting to a specific payment.

8. Notifications and Service Messages

By creating a Profile, you consent to Selfbum providing you with important notices about your account or services associated with the Service. These notices can be shared directly on the Service, via app notifications or with a banner notice across its pages, or through other means associated with your account, like email or phone.

The contact information you provide must be accurate or you may not receive these notices. Please review your Settings to control what kind of messages you receive from Selfbum. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information and notifications.

9. Disclaimers

9.1. Selfbum PROVIDES THE SERVICE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Selfbum GRANTS NO EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR ALL CONTENT CONTAINED THEREIN. THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Selfbum AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

In particular and without limitation:

  • Even though Selfbum makes all reasonable efforts to ensure that the Service is operational and free from errors, the nature of the Internet in general and software in particular do not allow providing a continuous and error-free operation. Selfbum is not responsible for any lack of functionality, lack of access or poor conditions of use of the Service due to unsuitable equipment, to internal functionality failures of the Member’s equipment, to overload of the Internet network, to force majeure or to all other reasons external to Selfbum.
  • The operation of the Service may be interrupted temporarily due to maintenance, updates or technical improvements, or to update the content and/or the way it is presented. If possible, Selfbum will notify its Members before any maintenance operations or updates that may materially impact the Service.
  • Members also acknowledge that Selfbum uses automatic translation tools for the Service. Selfbum cannot guarantee the quality, accuracy and reliability of those automated translations.

9.2. Selfbum TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. Selfbum CANNOT BE HELD LIABLE FOR THE ACCURACY OR INACCURACY OF THE INFORMATION AND CONTENT PROVIDED BY OTHER MEMBERS, AND/OR THE MEMBER HIMSELF, NOR THE CONSEQUENCES FROM THE USE OF THIS INFORMATION AND CONTENT. SIMILARLY, Selfbum CANNOT BE HELD LIABLE FOR ANY CONTENT DISSEMINATED BY A MEMBER THAT MAY POTENTIALLY INFRINGE THE RIGHTS OF ONE OR MORE OF THE OTHER MEMBERS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Selfbum, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF Selfbum HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Selfbum’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO Selfbum FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

11. Third-Party Services

Selfbum is only liable for the Service and does not exercise any control over third-party websites and external resources (third-party websites or mobile applications, social networks, etc.) to which the hyperlinks accessible on the Service may redirect. If you choose to interact with third parties made available through our Service, such party’s terms will govern your relationship with them. Selfbum is not responsible or liable for such third parties’ terms or actions.

12. Intellectual Property Rights

12.1. Content Disseminated on the Service

This Agreement does not grant Members any rights, implied or otherwise, to the content disseminated on the Service. All trademarks, logos, graphics, software, photographs, animations, videos, text appearing on the Service are the exclusive intellectual property of Selfbum and its licensors as may be applicable, and may not be reproduced, used, published, distributed, sold or displayed without the express prior written permission of Selfbum or its licensors, subject to legal action.

The rights of use granted to the Member are limited to private and personal use as part of and for the duration of the membership on the Service. Any other use by the Member is prohibited. The Member is prohibited from, among other actions, modifying, copying, creating a derivative work, disassembling or otherwise attempt to extract the source code composing the Service, downloading, broadcasting, transmitting, commercially exploiting and/or distributing the Service or computer codes of the elements composing the Service, in any way whatsoever, subject to legal action.

12.2 Content Disseminated by the Member

You warrant and represent that the information posted in your Profile is posted by you and that you are the sole author of your Profile.

When you post, upload, display or enter data that is meant to be viewable to the other Members, including but not limited to text, photos, images, drawings or graphics for a profile, videos, etc., you grant to Selfbum a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, disseminate, display, reproduce, adapt, process, translate, modify the content provided by you, fully or in part, to operate, develop, provide, and improve the Service or develop new ones. These rights are granted for the duration of the Agreement between you and Selfbum and are subject to your rights under applicable law.

13. Disputes – Governing Law

13.1 Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:

  1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures except as modified by our Arbitration Procedures (see below). The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Selfbum in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
  2. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Selfbum (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator.
  3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Selfbum (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
  4. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

13.2 For Members residing in the EU or European Economic Area or other countries where our arbitration agreement is prohibited by law, the Agreement shall be governed by, construed and enforced in accordance with the laws of Belgium, subject to mandatory laws and regulations in force in the country of residence of the Member. The courts of Brussels, Belgium will have jurisdiction, if not otherwise required by the applicable consumer protection legislation in the country of residence of the Member.

13.3 If you reside in the EU or European Economic Area, you may also submit your complaint on the platform of online dispute resolution hosted by the European Commission at: https://ec.europa.eu/consumers/odr/. The European Commission will transfer the Member’s complaint to the competent national mediators. In accordance with the rules applicable to mediation, prior to any request for mediation, the Member must first raise any dispute with Selfbum in writing in order to attempt an amicable resolution. In the event that an amicable solution cannot be reached, the competent authorities will be the courts of the country of residence of the consumer located in one of the member States of the EU or European Economic Area.

14. Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  • your contact information, including address, telephone number and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Selfbum
Republica Dominicana
Copyright Compliance Department
Calle 30 de marzo 85
Puerto Plata, San Felipa 57000
+1 (829) 628-0633
Selfbum cancelará las cuentas de infractores reincidentes.

15. Personal Data

Your personal data is processed in accordance with our Privacy Policy. We strongly recommend that you read our Privacy Policy to understand how we process your personal data, what your rights are and how to exercise them.

>16. Changes to the Service and to the Terms & Conditions

We may update the content and/or features of the Service at any moment in order to improve the quality of the Service. We may also modify the Terms & Conditions at any moment. The most recent version will be posted on the Service, and you should regularly check for the most recent version.

Modified versions will take effect thirty (30) days after being published on the Service, and your continued use of the Service after the changes become effective shall indicate your acceptance of the new version.

If changes to the Terms & Conditions negatively affect your rights and obligations or affect a service for which you performed a payment, you will be informed of the nature of these updates or modifications by reasonable means, through notification or email, when they are implemented on the Service. In such case, you have the right to cancel this service and receive a pro rata refund, provided you notify us within the aforementioned period of thirty (30) days.

17. Translation

This Agreement is drafted in the English language. To the fullest extent permitted under applicable law, if this Agreement is translated into any language other than English, the English version shall control and prevail in case of any discrepancies or ambiguities due to translation.