The terms of this agreement (the “Agreement”) govern the relationship between an individual user (as a Member or Visitor) on one side and Docler S.à.r.l. ( hereafter referred to as the “Website Operator”) with registered address at 44, Avenue John F. Kennedy, L-1855 Luxembourg, Grand Duchy of Luxembourg, registered with the RCS Luxembourg under number B180.740 on the other side.
The Website Operator operates SonicBox website (darkplayer.com)
The Aforementioned website is hereafter referred to as the “Website”.
- Member/Customer/Subscriber: A user who signs up for/to the Website services.
- Visitor: An user who enters on and/or visits the Website without registering to the services of the site
- Broadcaster: An entity and/or person either legal or natural who provides services content/performance, such as mostly (yet not exclusively) music and/or storytelling and/or comedy and/or video gaming entertainment through the Website. A Broadcaster may perform and/or upload exclusively proper original content / creations (i) and content in synchronization with the songs from broadcaster.sonicbox.com Performer Center Music Library. A Broadcaster interacts with Visitor(s) and/or Customer(s) (as defined above) of/on the Website and performs services at the request of the Customer(s) exclusively to the Customer(s), through the Website.
- Credit Balance: Users have the opportunity to purchase Credit packages, to pay for Website premium services. Payments are securely processed by our payment processors, and the purchased Credits consequently displayed on the Member’s account as available balance subject to their subsequent use.
- Free Chat/Broadcast: Free Broadcast is a streaming service, where the Visitors and Members can watch free live content (i.e. Broadcaster’s performances) and can interact to some limited extent with Broadcaster(s) through written chat and/or on-screen text messages, the Broadcaster(s) being entitled to reply or not at latter’s own discretion.
- Private Chat/Premium Broadcast: Value added streaming service in terms of content, where the Member can access premium live content (i.e. Broadcaster’s performances) and where they can interact, write or even talk (voice communication) with Broadcasters (in order to receive more personalized and/or dedicated non restricted services) through an online face-to-face or in a group with other Members to the exclusion of Visitors.
- Website Operator: means Docler S.à.r.l.
By entering and/or registering on the website you give your consent to and accept the following:
1st Clause: Content
- darkplayer.com is an interactive portal/platform that provides live streaming connection/communication online and allows live or pre-recorded performance between professional or amateur sources with original content and consumers.
- Prior to selecting the intended services, the Subscriber should verify where relevant on the Website related applicable fare/price list and available payment method(s) in the given country.
- The nature and content of the various Website services reflect the sole views and interest of Broadcaster and/or users and not the views of the Website/Website Operator.
2nd Clause: Services and warranties
- The Website is divided into specific areas, which provide free and payable contents. The Website is constantly adding new services in order to accommodate Subscribers' demands and suggestions.
- The Website makes, to the extent permitted by law, no warranties or representations as to the information, services or products provided through or in connection with the services. Subscribers' use of the Website services is at their own risk.
- The Website seeks, at all times, to provide each Subscriber with the best content and services available. However, it cannot give warranty of merchantability, fitness for any purpose, or non-results of the use of the content in terms of their correctness, accuracy, timeliness and reliability or otherwise.
- The Subscriber is aware that the content of the Website may include some sexually explicit and/or adult related materials.
- Neither the Website nor any party involved in creating, producing, or delivering the services or content is liable for any direct, incidental, consequential, indirect or punitive damages arising from the access to, use of, or interpretation of, the services, products or information provided by or through the Website, without prejudice to the terms established below in the present Agreement.
3rd Clause: Principles
- The Website does not support immoral or illegal interests/activities; therefore strict rules have been set forth to ensure Website reputation.
- darkplayer.com is allowed to UA people but only with parental guidance unless it is stipulated otherwise by local laws or ordinances at the particular user’s physical location.
- Only adult people are allowed to become broadcasters on the Website.
- The Website support team undertakes all possible efforts to check Subscriber’s information and chat logs for possible violations of the terms and conditions hereof on the basis of all technical means made available.
- The Website reserves the right to apply immediate and permanent suspension in case a user name or content is deemed offensive, likely to infringe third party IP rights or upon the slightest suspicion of forgery.
4th Clause: Subscribers registration process
- By registering on the Website and by accepting this Agreement, the Subscriber hereby expressly consents to the supply of services during the withdrawal period and the Subscriber expressly acknowledges that he/she is expressly losing his/her right to any withdrawal/cancellation right as regards the supply of said services. The above express consent is acquired in accordance with the Directive on Consumer Rights (2011/83/EC) as of 25 October 2011, transposed in Luxembourg by the Law of 2 April 2014.
- By registering on the Website and by accepting this Agreement, Subscribers agree to indemnify, pay the costs of defense and hold harmless the Website, its officers, directors, affiliates, attorneys, shareholders, managers, members, agents and employees from any and all claims, losses, liabilities or expenses (including reasonable attorneys' fees) brought by third parties arising out of or related to their conduct, statements or actions, as well as breach of any term, condition or promise contained herein and unlawful conduct in the framework of this Agreement.
- In case of Subscriber’s unlawful conduct or breach of the present Agreement, the Website may terminate, without notice, Subscriber's account and/or anything associated with it. The Website shall not be held responsible for any possible loss as a result of such termination nor for any credit compensation or refund.
- The present Agreement shall be effective as from the date when the User enters the Website and/or the Subscriber registers on the Website and accepts this Agreement; it shall remain in force until duly terminated by either party in full compliance with the terms and conditions expressly set forth in this Agreement.
5th Clause: Fees, Credit Compensation, Refund and Unlawful Conduct
- The Subscriber may purchase credit packages to spend on the different Website; therefore the selection of services must be preceded of the consultation by the Subscriber of the correspondent content, price list and means of payment made available on the Website for the selected/contemplated service(s).
- The Website service content may either be free or payable. Watching free (non-premium) live streams and chat with Broadcasters on the site is free (yet service access shall remain limited or constrained as a result). If a Subscriber wants to access premium content, he/she must click on “premium” button where the purchased credits are used on a time spent basis (usually per-second basis).
- Subscribers may use the option Quickbuy during private shows with Broadcasters. The use of this feature will allow Subscribers to, immediately and manually, top-up their credit balance with the chosen package during the service performance.
- Subscribers may also use the Smartbuy feature to enjoy private shows without interruption. The feature allows the system to automatically top-up a Subscriber’s credit balance whenever the account balance falls below 7 credits. By default the Smartbuy purchases a 27.99 credits package. However the Member has the option to change the Smartbuy purchase amount set by default.
- Members are notified about the referred auto-purchase each time it occurs, via an automatic email notification and can deactivate the feature under their account settings.
- If a transaction is declined by the processing bank(s) or payment institutions (or equivalent), the Smartbuy feature will be automatically deactivated. After the member makes a successful purchase, the smartbuy feature will be activated again.
- The use of any of the referred options will charge the default payment set by the Subscribers.
- Billing of a given account (the actual price payable for credit packages) depends on the physical location where the account has been created. Please take into consideration that the Website reserves the right to round prices and therefore, shall be entitled to apply rounding.
- In case of any query, DDITS will be able to help you regarding your transactions made through different payment providers as well, by contacting the provider in question. Therefore, for billing information and support the following contacts should be used: 44, Avenue John F. Kennedy, L-1855 Luxembourg, Grand Duchy of Luxembourg or send an email to firstname.lastname@example.org. The Website does not store nor has access to transaction details.
- For banking expenses information, each subscriber should consult directly his/her bank.
- The Website will not take responsibility for any difficulty occurring outside the Website.
- Any complaint must be placed, within 24 hours counted from the occurrence, at the Website’s customer service. Given the complexity and particularities of the procedure to determine the righteousness of the complaints placed after the referred 24 hour period, these shall only be acknowledged in case of critical reasons. The Website’s customer service team may, whenever deemed necessary, carefully investigate reports and other data at its disposal, resorting to any existing means for such effect.
- In accordance with the Subscriber’s express waiver of withdrawal/cancellation right pursuant to clause (IV-A) to the present Agreement, no refund or cancellation request will be accepted in the case the Subscriber has begun to consume the credit package purchased. Some refunds are however possible subject to the conditions set forth in the following clauses.
- The Website will only compensate/refund credits in the amount proportionally determined in accordance to the price paid and problem effectively reported when any credit is lost due to dysfunction of the Website or a Broadcaster totally and explicitly refuses to provide a service he/she is normally meant to provide or that he/she agreed to provide.
- Due to the payment system applied and third-party payment processors, only the same amount can be refunded which was originally paid for the purchase (i.e. no partial refund of credit packages bought is possible). For this purpose whenever only part of the credits is used, refund would only be possible by restoring the credits on your account. No payment refund will be possible. Refunds, when possible according to the above, will be issued using the same payment method the purchase was made with. The corresponding amount of credits will be deducted from the account's balance. Certain payment methods do not allow the refund because of technical reasons. Amounts spent on related services, such as FanClub, Surprise, Sneak Peak, Model Channel and/or Snapshot feature and/or offline/private messages, are not subject to refund/compensation.
- Notwithstanding the above, the Website will not be liable for any defamatory, offensive or illegal conduct of any Subscriber, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by the Subscriber to the Website.
- Under no circumstances, including, but not limited to, negligence, shall the Website or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the service, without prejudice of the established in the present clause.
- Cases of dishonest behavior related to online transactions are handled with high priority, subject to safekeeping of the Subscriber’s privacy. Such cases may be outsourced to companies specialized in this field.
- The Subscriber accepts that in case of any fraudulent transaction the Website has a right to use all available information at its disposal during any kind of risk management investigation (internal) or legal procedure. Including, without the claim of completeness, browser history, IP and email addresses and any other traceable activity. During such procedures, the Website might involve other professional investigator parties and share certain information in order to comply with law requirements, vindicate its rights and represent the best interests of its Customers. The Subscriber will stay liable for investigation or collection costs related to any fraudulent transaction.
- The Website grants full cooperation to legal authorities investigating fraudulent transactions and other matters falling under legal jurisdiction and responds to subpoenas and court orders.
- The Subscriber accepts that the Website reserves the right to round payments to be paid as compensation/refund, and therefore shall be entitled to apply rounding.
- When new persons register on the Website, they may purchase packages with bonus credits. This option is only available for one time for new purchases of first-time users; a new account registration alone on any of the Website is not enough to be considered as a new user. Members who already made 10 consecutive package purchases may opt to buy packages with bonus credits. Bonus credit packages are not available with CCBill and phone purchases. Bonus credits are part of the full credit package, and therefore refunds are NOT possible after spending them on the Website.
- New Subscribers may validate their credit card with a minor validation transaction for which they are entitled to 9.99 credits. The amount for the validation transaction will be refunded immediately to the credit card user. The aforementioned promotional credits are not available for the Members who already have a membership on any Website operated by DDITS, though their validation transaction will be refunded without exceptions.
- All currency and transaction related costs are included in the displayed price of credit packages. The Website reserves the right to modify the prices incurred from the fluctuations of currency exchange rates.
6th Clause: Subscriber's and/or Guest's Declarations
- The Subscriber authorizes the Website and/or any other entity under instructions of the Website, to monitor record and log all my online activities on the Website (including chat, video, e-mail).
- The Subscriber acknowledges and agrees that any material recorded or any original work made under this Agreement and/or when using the Website’ services (and all rights therein, including, without limitation, copyright) belong to and shall be the sole and exclusive property of the Website.
- The Subscriber hereby expressly assigns, and transfers, without further compensation, to the Website and/or to any other entity acting under the instructions of the Website, the results, content, and proceeds of his/her appearance(s) (including all such appearances made to date) videos, audio, chat, dialogue, texts, acts, and instructional videos and advices, all of which are part of services provided - including all author rights to the above mentioned materials, renewals and extensions of such rights worldwide and throughout the whole validity period of such rights. The Website or any other entity acting under its instructions shall be deemed the authors thereof for all purposes and owner of all rights, title and interest, of every kind and character for the period of the validity of such rights, including any extensions and renewals, throughout the universe.
- The Website may use and reuse, publish, distribute, edit, excerpt, exhibit and otherwise exploit my name (real or fictional), likeness, persona, performance, voice, pictures, chat, video, audio, biological information and identification, and statements, for any and all uses, in whole or in part, in any and all media and manners now known or learned, for use throughout the universe, without limitation, including in connection with the advertising, exploitation and publicizing.
- The Subscriber hereby expressly waives any rights and declares to withdraw any claim, to the extent permitted by law that any use by the Website violates any of his rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
- The Subscriber grants to the Website, its successors, licensees and assignees the right to use any photos taken by him/her (via webcam or by other means) and sent for publication on the site, without further payment to him in printed publications, digitally on the internet or via CD, or any other media, without restrictions.
- The Subscriber hereby expressly waives any further financial compensation for any of the rights assigned, transferred or granted to the Website under this Agreement.
- The Subscriber declares and acknowledges that he/she is not acting on behalf of a legal person but as an individual consumer and in no event the purchase of services under this Agreement could be considered as being part of his/her professional activity.
7th Clause: Subscriber's and/or Guest's Duties
- The Subscriber agrees not to copy, reproduce, republish, download, transmit and/or make available to the public any of the content/materials of the Website without the prior consent of the Website.
- The Subscriber is fully liable for any false disclosures and responsible for any legal claims that may arise from his behavior while viewing, reading, or downloading of material and images contained within this Website.
- The Subscriber assumes full responsibility to maintain the security of his/her account and password.
- The Subscriber will not use obscene words, threaten or quarrel with, or violate the rights of visitors, Broadcasters, Website support persons or management of the Website, since it is prohibited.
- Text content sent or forwarded and the chosen username will not be offensive, or rude pr breach any IP right whatsoever.
- The Subscriber will not use remarks and user names that are unacceptable by the standards of good taste, suggesting violation of the law or deceiving others.
- The Subscriber will inform, immediately the Website of any unlawful conduct of the Broadcasters, as well as of any unlawful use of trademarks, brands and/or registered music.
8th Clause: Subscription cancellation
- The Subscribers have the option to unsubscribe at any time from The Website’ services.
- The Subscription cancellation can be completed by visiting the Website 24/7 Customer Service Center or by sending an email to email@example.com
- Once the account is canceled, the Subscriber’ status will change to “Canceled” and all payment related details will be archived.
- The Website reserves a right to suspend or cancel any subscription in case of breach of any term of this Agreement or any unlawful conduct of the Subscriber in the framework of this Agreement and to contact any relevant authorities, including but not limited to initiating any criminal complaint and contacting state if deemed necessary.
- The Subscriber has not and will not provide any false information and/or documents to the Website. Therefore, He/She recognizes that the Website have the right to, immediately and unilaterally, terminate the present Agreement upon the slightest suspicion of forgery.
- The Subscriber allows all his/her data to be inspected by the Website, randomly and/or following complaint, resorting to any existing means for such effect. Notwithstanding, He/She is aware that it is not Website liability to proceed with such inspection and Website Operator will not be considered responsible, either jointly or severally, in case of his/her unlawful conduct.
The Subscriber agrees and allows the Website to collect, process and communicate to its processors, including the processors situated in countries not ensuring an adequate level of protection according to European Commission, the following types of data/information related to Subscriber:
- Information that the Subscriber voluntarily provides to and/or authorizes to view, such as names, email address, address, date of birth and other miscellaneous account information submitted through Website submission Forms.
- Number of visits and areas of the Website’s pages visited by the Subscriber. Software and hardware attributes might get logged too, along with any other data that can be gained from the general internet environment, such as browser type, IP address, etc.
- Private communications, such as telephone conversations, chat logs, faxes and letters to the Website’ staff along with e-mail messages to Broadcasters. The Website also keeps Broadcasters chat, client logs for a limited period of time.
- The Website will use the data collected from the Subscribers for mainly general purposes, such as improving services, contacting the Subscribers, customizing the Website’s content and for promotional marketing purposes, to the extent allowed by law
- By accepting this Agreement, the Subscriber also agrees that the Website may also research behavior patterns and trends to improve the subscribers’ user experience
- The Website takes serious security measures to grant maximum protection to information against unauthorized access, modification, disclosure or deletion of data. The Subscribers’ details are always protected by highly sophisticated security system.
- The Website guards the Subscribers’ information on electronic and physical levels.
- The Website actively implements data loss prevention systems against leakage and theft in order to ensure that their platform is proof and updated against the latest vulnerabilities and zero day attacks and that it passes penetration tests. The Website also incorporates the most advanced security technologies available in order to ensure maximum safety of its Subscribers and safekeeping of their related data/information.
- The Website’ system meets the security standards of PCI DSS, a standard set by Visa/MasterCard laying down stringent requirements.
- The access of Website’s employees to any personal information of the Subscribers is extremely limited and they are bound by confidentiality obligations. Therefore, they might be subject to disciplinary measures, including the termination of their contracts and in serious cases even criminal prosecution should they fail to meet these strict obligations.
- The Website does not rent, sell, trade, share or otherwise transfer information to outside parties except the communication to the Website’s group companies and services providers in order to ensure the good functioning of the Website’s services.
- The Website does not allow its Broadcasters to record or capture the Members’ personal camera feeds during private chat/broadcasting. Such action is prohibited on the Website.
- The Subscribers may obtain a copy of any personal information that The Website processes and ask for rectification of any incorrect personal data, upon written request to the contacts provided in the present Agreement and indication of the address to which the information must be sent. If the subscriber would like to oppose the processing of personal data by the Website, He/She is entitled to cancel his/her subscription on the Website at any time as described above.
- The Website, upon reception of the above mentioned request, will communicate the personal data concerning the Subscriber to the email address provided during the registration process on the Website. The Website shall be held harmless in case the right, foreseen in the previous clause, is exercised and the personal data is lost or subject to unauthorized access as a result of such requested communication.
- In case of any queries, the Subscriber may use the contacts foreseen in section VIII of the present Agreement.
10th Clause: Functionality and Security
- The Website realies on Flash-technology which also use the so-called “Shared-Object” technology with the aim to improve user’s experience.
- The Website suggests for the Subscribers to enable “Cookies” in their browsers to ensure full functionality.
- The Support Team monitors all streams on the Website 24 hours a day, 7 days a week.
11th Clause: Spam
- The Website does not tolerate spam/spamming activities.
The following is considered spamming:
- Manipulating messages, such as email headers, sent to or through The Website’s computer systems in a way that may deceit subscribers of the Website.
- Relaying email from a third party's mail servers without the permission of that third party.
- Sending, relaying or causing to be sent false, deceptive information or that is otherwise against the business interest of the Website.
- Using or causing to be used the Website’s computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
- Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
- Disrupting the normal flow of dialogue by posting messages in quick succession, multiple times, using capital letters only or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges.
- Spamming through the Website’s system or disturbing its Subscribers is a violation of the present Terms and Conditions.
- The Website does everything in its power to protect its subscribers from deleterious effects of spamming.
- The use of all legal proceedings will be considered if any spamming inflicts any loss or damage to the Website.
- Notwithstanding the above, The Website when authorized by the Subscribers, within the terms of the present Agreement, may send promotional e-mails about its own and about its partner-Website and every e-mail will contain the option to unsubscribe from the mailing list.
- Registered Subscribers may occasionally receive newsletters in relation to the Website and/or any affiliated products. The messages sent to Subscribers are transactional or relationship messages. Subscribing to and unsubscribing from these newsletters take a single click. Any promotional messages will be only sent if the Subscriber has expressed its consent for receiving such promotional marketing services
- In case Subscribers would like to report spam, it is recommended the use of “Message to Support function” in “My Account” or the sending of an email to firstname.lastname@example.org. The Website’ support team investigates all reports as soon as possible.
12th Clause: Contacts
Customer Service Department can be contacted by:
- Online Support Chat.
- “Help” function.
- “Message to Support” function of the subscribers’ accounts.
- Sending of an email to email@example.com.
- Sending a letter to: Docler S.à r.l. – SonicBox, L-1855 Luxembourg, 44, Avenue John F. Kennedy, Grand-Duchy of Luxembourg
- Customer Service Department can be contacted by:
13th Clause: Miscellaneous
- This Agreement sets forth the full and complete understanding between the Subscribers and the Website with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal.
- Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination.
- If any portion of this Agreement is deemed unenforceable by a Court of competent jurisdiction, it shall not affect the enforceability of the other portions of this Agreement.
- The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees.
- If the Website changes the terms of this Agreement, The Website will post an updated set of terms and conditions on the Website and/or will post a change notice and/or send subscribers an email notice of the changes in advance of implementing the changes.
- If any modification is unacceptable to the Subscriber, he/she shall cease using the Website and its services and be able to terminate his subscription. If he/she does not cease using the Website and its services, he/she will be conclusively deemed to have accepted the change.
- The English version shall prevail as regards all legal statements, statutory declarations made by the Website, including the present Agreement. The Website does not accept any kind of legal claims, or other complaints for discrepancies as a result of any mistranslation in any other language.
- This Agreement and the relations arising out from it between the Website and the Subscribers will be governed by and pursuant to the laws of the Grand Duchy of Luxembourg
- Any disputes arising between the Website and the Subscribers will be settled amicably and only when this solution is not efficient, the competent jurisdiction for the disputes arising from this Agreement will be the courts of the Luxembourg City.