DESYR TERMS OF USE

These terms tell you the rules for using our website www.desyr.com

WHO WE ARE AND HOW TO CONTACT US

Desyr is a website accessed at www.desyr.com, Google Playstore, Apple App Store (“Desyr”, “our site”, App or the “Website”), is a social media platform and application service that allows users to upload photos and videos to their profile, communicate with their fans and share private content with them (such users are referred to as Content Creators). Other users can register for a free fan account to follow or subscribe to Desyr’s Content Creators and have the option to communicate through messaging (such users are referred to as Followers or Content Creators). Desyr is a site operated by DESYR.

Desyr is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Desyr and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website.

To contact us, please email support@desyr.com.

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

We recommend that you print a copy of these terms for future reference.

If you do not agree to these terms, you must not use our site.

Any breach, or reasonably suspected breach, of these terms by you will entitle us to:

  • Suspend your account
  • Delete your account and prevent any further use by you of the site
  • Commence legal proceedings against you, as may be appropriate
  • Take steps to block access to the site from your IP address

OTHER TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy and Cookies Policy

Our site uses cookies and by using the site and/or agreeing to these terms of use you consent to the use of cookies in accordance with these two policies.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time without notice to you. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at the time. Amended terms shall apply to the use of the Website from the date of their publication on the Website.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.

WE MAY SUSPEND OR WITHDRAW OUR SITE

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal and we shall under no circumstances be liable to you for any compensation or payment in the event of such a suspension or withdrawal.

CONTENT CREATOR ACCOUNTS

Applications for Content Creator profiles need to be made online, and the process is accessible from the site’s homepage. 

Not all applications will be accepted. Whether an application is accepted is entirely within our sole discretion. We may not be able to give feedback or explanation for rejected applications and you shall have no right to expect any feedback or explanations in the event that your application is rejected.

We may, at our sole discretion, edit, suspend and/or cancel a Content Creator account/profile at any time and without notice.

Content Creators may request that their account/profile is deleted by emailing support@desyr.com and we will endeavour to implement any such requests quickly, but this may take up to two weeks. If you delete your content without any notice to Desyr whilst you have any active subscribers, we reserve the right to withhold your earnings until the last subscription has ended on your account. Refund requests or chargebacks due to subscribers not getting the entire month they have paid for will be deducted from earnings. After the last subscription period has ended, outstanding earnings will be paid to the bank account on file on the nearest payday. An account with no subscribers will be deleted from Desyr’s server within three months.

SUBSCRIBER ACCOUNTS AND SUBSCRIPTIONS

To become a Subscriber on Desyr, there is a registration process to be followed on the site which is accessible from the homepage. 

Registration as a Subscriber will provide you with the ability to follow and view the profiles of Content Creators.

To gain access to more content from specific Content Creators, you can pay for a monthly subscription to their paid wall. Such subscriptions renew automatically which means that at the end of any monthly subscription, your subscription will be automatically renewed and you must pay a further monthly fee, unless you cancel the subscription using the cancellation facility on the Website before the final date of the relevant subscription. You are entitled to cancel any monthly subscription, for any reason and at any time. Cancelling a subscription will ensure that you will not be billed again in any subsequent billing cycle in relation to that subscription, except if you cancel less than 48 hours before the next bill is due in which case your cancellation may not be processed in time and you may still be charged

You may also gain access to paid content on an ad hoc, non-monthly basis, as advertised on the site.

ACCOUNT DETAILS

You will choose a username and may choose or be provided with a password or any other piece of information as part of our security procedures. You must treat such information as strictly confidential.

You must not disclose any username or password to any third party or directly or indirectly allow any third party to use your account to gain access to our Website.

You must notify us immediately, by email to support@desyr.com, if you become aware of any suspected disclosure of your password, or unauthorised use of your account, however such disclosure or unauthorised use may have occurred. 

Your chosen username must comply with the acceptable content rules set out herein and you must not seek to use your account or username in either direct or indirect connection with the impersonation of any other person or entity.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

You must ensure that any and all information you may provide in relation to your personal profile for the Website is accurate in all respects, complete and up to date.

MANAGEMENT FEES AND CONTENT CREATOR’S ACCESS TO PAYMENTS

We act as a collection agent for all Content Creators. All payment for content on the Website must be made through the Website.

We deduct a management fee (20% unless otherwise agreed with each Content Creator) from any sums made on the Website before payment is passed to the Content Creator. Payments are made to Content Creators through an online billing system within their profiles. Funds are usually accessible within seven days from the date on which content is purchased or subscribed for by a customer.

If any action(s) of a Content Creator leads us to cancel their account, we may use monies on account to compensate any affected Subscriber(s).

All income generated by a Content Creator is done so on a self-employed basis and it is the responsibility of each Content Creator to ensure that they pay all applicable taxes

FEES, REFUNDS AND CHARGEBACKS

The fees set out on our site are exclusive of any VAT that may be payable, unless otherwise indicated.

Fees may be varied and in such a case, the new fees will be set out on the Website but this only affects new (or renewed) subscriptions and/or payments.

All subscriptions paid for on our site are final and non-refundable.

A “chargeback” occurs when a Subscriber claims that a charge taken by us has been taken in error or on the basis of fraud and requires a refund of the payment from the paying institution.

Any purchase you made on the Website which is subsequently subject to a dishonest or unjustified “chargeback” will result in your account being immediately and permanently excluded from the Website.

We reserve the right to contest any chargeback on the basis of the passage of time from the payment to the chargeback being claimed or any other basis according to our discretion.

In the event that you seek a chargeback and then decide to recall or reverse it, in order to gain access to our site you will first need to procure that the sums subject to the chargeback are repaid to us and you will also need to pay any admin fee.

TOKENS

A Fan can prepay an amount to Desyr known as Tokens which the Fan can later use to view User Content/access Fan Interaction on the terms contained within this agreement.

Tokens are non-transferable; any unused Tokens cannot be withdrawn.

Purchases on the Website cannot be divided; if a Fan attempts a purchase that is greater than the amount of remaining Tokens, the Fan’s connected payment card will be charged the full amount.

Tokens are subject to a maximum amount as determined by Desyr, from time to time.

HOW YOU MAY USE MATERIAL ON OUR SITE

The Content Creators on our site are the owners or the licensees of all intellectual property rights in the content that they upload to our site. Such Content is protected by copyright laws and treaties around the world. All such rights are reserved.

Subject to these terms of use, you are permitted to: 

  • View pages from the Website; and
  • Download pages from the Website for caching in a web browser.

You are prohibited from:

  • Printing, downloading or saving any pages or material from the Website, in any manner (other than as automatically cached by your web browser for display enhancement purposes) and from dealing with any Website content in any manner, including but not limited to uploading content elsewhere, reproducing it in public, distributing it or seeking to exploit it any manner, either directly or indirectly. 
  • Taking photos, screen shots, recording, or similar, any content on the Website.
  • Creating any derivative works.
  • Using any content from the Website for anything other than your own personal use. Use of our site for commercial purposes is not permitted.

If you carry out any of the above prohibited acts in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the content that you have made and take any remedial actions in relation to your breach that we see necessary, at your own cost.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for entertainment only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

In the event that our site contains links to other sites and resources provided by third parties, these links are provided for your information only and are not recommendations. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of such third party sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

The Website may include information and materials uploaded by other users of the site, including to content streams, live chats, voice notes and private messages. Any such information and/or materials will not have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to report any issues about information and materials uploaded by other use the report button featured on the site. You can also email us at [email protected].

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy policy.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out herein under the heading titled: Acceptable Content.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use that content.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Content terms.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

PROHIBITED USE

You may use our site only for lawful purposes. You may not use our site:

  1. In any way that breaches any applicable local, national or international law or regulation.
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  3. In any way that causes unreasonable harassment alarm or distress to any Content Creator.
  4. For the purpose of harming or attempting to harm minors in any way.
  5. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  6. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of solicitation (spam).
  7. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of use.
    1. any part of our site;
    2. any equipment or network on which our site is stored;
    3. any software used in the provision of our site; or
    4. any equipment or network or software owned or used by any third party.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our prohibited use clause which is set out below.

If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected]

ACCEPTABLE CONTENT

These content standards apply to any and all material which you may contribute to our site (“Contribution”), whether you are using our site as a Follower or a Content Creator.

These content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to it as a whole. We will determine, in our sole discretion, whether a Contribution breaches these content standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in Estonia and in any country from which it is posted.
  • Only feature images of people that are over 18 years old.
    • In connection with this you are required to obtain express written consent and proof of age from any models shown within your content and we shall be entitled to request from you copies of such written consent and you agree to provide the same without any delay.
    • Any liability for the misuse of images rests solely with you. 

A Contribution must not:

  • Include Prohibited Content (as set out below).
  • Infringe any copyright, database right, image right or trade mark of any other person.
  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Bully, insult, intimidate or humiliate.
  • Include child sexual abuse material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from us, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promotion of other services or links to other websites.
  • Promote or make references to any escorting, prostitution, or meet ups.. 

If we consider that a breach of these rules has occurred, we may take such action as we deem appropriate. Failure to comply in full constitutes a material breach of these terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

The content that is prohibited from publication on the Website (Prohibited Content) includes, but is not limited to, the following:

  • Any Contributions that contains any interaction or reference to minors in any way including content that simulates interactions with minors. All Content Creators must be aged 18 or over and must not present themselves as or pretend to be minors
  • Contributions containing incest. Contributions may contain content that simulates incest but such Contributions must contain a disclaimer stating that there is no real relation between the Content Creators involved.
  • Any accounts containing two or more family members must not create Contributions containing any sexual contact of any kind and a disclaimer must be added to their page to confirm that no sexual contact is permitted.
  • Any Contributions containing illegal drugs. Illegal substances cannot be shown in any Contributions, including previews, screenshots or descriptions
  • Any individuals shown in public scenes which are not pornographic in nature, who are not Content Creators, must have their faces blurred and must be aged 18 or over.
  • Any individuals shown in public pornographic scenes must be aged 18 or over and give their consent to appear in the Contribution.
  • Any Contributions showing someone being, or pretending to be, killed or maimed.
  • Any Contributions showing someone having, or pretending to have, any form of sexual contact with a dead person or people.
  • Any Contributions showing any form of non-consensual sexual contact, including sexual content against a person’s will or without their knowledge, including but not limited to instances where an individual is unconscious or sleeping or is pretending to be unconscious or sleeping. No rape, whether real or simulated, nor the term ‘rape’ may be included in any Contributions.
  • Any Contributions which includes the use of or reference to any substance used to render someone unconscious.
  • Any Contributions containing real weapons. Any weapons must be props and must be disabled.
  • Any Contributions containing cannibalism.
  • No real blood can be shown in any Contributions. 
  • Any Contributions containing bestiality or animals involved in any sexual activity. 
  • Any Contributions containing offensive language or hate speech or display based on race, skin colour, sex, religion, gender, sexual orientation, disability, nationality or towards any other disadvantaged or marginalised group.
  • Any Contributions containing strangulation.
  • Any Contributions containing blackmail, whether real or simulated.

If any Prohibited Content is found on the Website it will be removed immediately and a warning given. Repeat offenders will be permanently removed for the Website. Please report any offences to support@desyr.com. 

Desyr caters for many different fetishes which may be offensive to some site users. We understand that there are some fetishes that everyone may not agree with. As long as the concerning parties have consensually agreed to partake in said fetish or fantasy (and the Contribution does not contain any Prohibited Content or otherwise in breach of these terms of use) then you are all free to enjoy yourselves.

We exclude our liability for all action we may take in response to breaches of these acceptable content rules. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

You agree and acknowledge:

  • That we cannot be held liable for the actions of any third party or held responsible for any wrongful actions of any users of the Website.
  • That we cannot and do not warrant or guarantee that any information provided by a user is true and you will not seek to hold us liable in respect of any loss or damage arising out of any user behaviour or user information. 
  • That there may be posts on the Website relating to you that may in some cases be critical or even defamatory for example, and you will not seek to hold us liable in respect of such posts under any circumstances.

THE DIGITAL MILLENNIUM COPYRIGHT ACT

We have great respect for the intellectual property rights of others and we seek to voluntarily comply with the United States’ Digital Millennium Copyright Act of 2008 (“the DMCA”). If someone shares any images or other content in which you have rights, without permission, we would refer you to that other website’s DMCA removal process. In many cases, there will be a DMCA link on the website itself with guidance for how to get the content taken down.

ASSIGNMENT

We may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of us.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Over and above such liability, our total liability to you shall not exceed €100.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

We are not liable for business losses. We only operate the Website for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity 

INDEMNITY

You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with and breach by you of these terms.

OUR RIGHTS TO END THE CONTRACT

We may end the contract if you breach it. We may end your subscription at any time by writing to you if:

  • you do not make any payment to us when it is due and you still do not make payment within [31] days of us reminding you that payment is due;
  • you publish any Prohibited Content on the Desyr site; or 
  • you conduct any other act or omission that to the reasonable opinion of Desyr brings the Website into disrepute

You must compensate us if you breach the contract. If we end the contract in the situations listed above we will refund any money you have paid in advance for future subscriptions but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the contract.

SEVERANCE

If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms.

If any provision or part-provision of these terms is deemed deleted hereunder, we shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by the laws of Estonia. You and we both agree that the courts of Estonia will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Estonian law and we both agree to the exclusive jurisdiction of the courts of Estonia.

OTHER IMPORTANT TERMS

Nobody else has any rights under these terms and conditions. These terms and conditions are between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

If a court finds part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these terms and conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms and conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.