These terms and conditions apply to the use of the services offered on www.xclub.nl.
Service(s): Mobile telecommunication/messaging service that consists out of the making available of content in any form, offered or delivered by Next Step Media BV;
User: The person that visits www.xclub.nl and/or uses Services rendered by Next Step Media BV;
Membership: The agreement between Next Step Media BV and a User, concerning the use of a service stipulated in article 2.1, with or without a charge;
Next Step Media BV: Operator, owner and administrator of www.xclub.nl and others. This company is registered in the Commercial Register at the Chamber of Commerce under number 59122730;
Profile: The entirety of personal traits and preferences that a User has provided. These data will be made visible to other users at www.xclub.nl;
Website: The online platform www.xclub.nl, which features the services stipulated in article 2.1.
2.1. The service offered by Next Step Media BV consists of providing an online platform for entertaining Users by flirting, sexual fantasies and allowing them to flirt with other Users and sharing their sexual fantasies.
2.2. Next Step Media BV contains both actual and fictional, moderated profiles that contribute to the purpose of entertainment. That means that physical contact is not always a possibility.
2.3. Users can subscribe to the Website for free. In order to contact other Users and to use other additional options, Users must purchase a payment package. Additional information can be found on the Website.
2.4. Next Step Media BV cannot guarantee the accuracy or completeness of information provided by Users, including their Profile. Users are responsible for the information they make available on the Website. Next Step Media BV does not have the means to check the identity of its Users and is not obliged to do so.
3.1. Visitors aged 18 or older may register as a User on the Website. Users under the age of 18 will be deactivated immediately by Next Step Media BV employees, and the User's Profile will be deleted.
4.1. The services by Next Step Media BV are not intended to establish a relationship or (sex) date via the Website. Of course, it is not impossible that a relationship or (sex) date is established via the Website.
4.2. Next Step Media BV emphasises that the Website contains both actual and fictional (i.e. moderated) profiles. Based on the nature of service or entertainment, Next Step Media BV is entitled to send messages on the Website using the fictional, moderated profiles.
4.3. Moderated profiles are linked to website hosts. These hosts are active on the Website for the purpose of providing entertainment. The hosts also stimulate more interaction on the Website, and promote the use of Services by providing more information and uploading profile pictures. The hosts also monitor user activities and communication, and ensure that these meet the terms and conditions.
4.4. None of the moderated profiles are intended to describe an actual person.
4.5. Users are prohibited from sending advertisement messages on the Website. Profiles may not contain text that contains a link to a website, an email address, a telephone number, etc. In violation of these provisions, Next Step Media BV will be entitled to block, remove and/or modify the relevant Profile so that it meets the requirements.
4.6. Users are prohibited from placing pictures of a prohibited nature on the Website. These include, but are not limited to: youth photos under the age of 18, group photos, photos featuring children, photos of animals or photos of other people that are recognisable. In violation of these provisions, Next Step Media BV is entitled to block, remove and/or modify the relevant Profile so that it meets the requirements.
4.7. For security reasons, Next Step Media stores the IP address of the User's computer connection upon logging in. In case of abuse, Next Step Media BV reserves the right to find out the User's personal data and computer connection based on the IP address and to, if necessary, pass this information onto the authorities.
5.1. Next Step Media BV undertakes to provide Users with Services free of malfunctions. However, Next Step Media BV cannot guarantee continuous availability of the Services.
5.2. If maintenance occurs on the Website, Next Step Media BV will announce this in advance and try to minimise the inconvenience as much as possible.
5.3. Next Step Media BV is not liable for the availability of its Website at any given time, without disruption and/or errors.
6.1. The Users of the Website are not allowed to act inadvertently, unlawfully or in violation of the law whilst using the Services from Next Step Media BV, nor are they allowed to encourage others to do so.
6.2. The User agrees to not edit, disclose, distribute or reproduce any material originating from the Website, unless Next Step Media BV has given explicit written consent in advance. The same goes for third party content, insofar the intellectual property on the material in question rests with third parties.
6.3. Furthermore, the Users are not allowed to:
- Mention falsehoods on their Profile;
- Use multiple Profiles per individual;
- Spread commercial information;
- Make racist or offensive statements;
- Disclose, reproduce or otherwise (re)use information on any User's Profile in any way without the explicit consent of the User in question;
- Provide login credentials to third parties, as these are strictly personal.
6.4. In violation of User rules, Next Step Media BV is entitled to terminate User Membership and immediately modify, block of delete their profile. The User will be informed accordingly.
7.2. The Website is secured in a way that it can store the User's data in a protected, secure environment. Personal data provided by the User upon registration (i.e. subscription), other than the Profile and the picture, are not accessible to third parties. This data are exclusively used by Next Step Media BV for administrative purposes and will never be disclosed to third parties without the explicit consent of the User in question, unless required by a competent court of law, or by court order.
8.1. The cost of using the Website is entirely for the account of the User.
8.2. The cost for the Website's User is listed on the Website. These costs will be settled by the telephone bill of the number that is used for the participation and/or reaction on the Website.
8.3. Credits are valid for twelve (12) months after purchase. Next Step Media BV reserves the right to remove unused credits in the account after these twelve (12) months.
9.1. The right to cancel a purchase on the (digital) service of Next Step Media BV will be valid for fourteen (14) days. Users may cancel, without giving any reason, within fourteen (14) days of their purchase.
9.2. The proof of burden for the just and timely execution of the right on cancellation lies with the Users who wish to use it.
9.3. If the Service or part thereof is consumed within fourteen (14) days, the cancellation right will expire (for that part).
9.4. Received payments can only be refunded within the fourteen-day cancellation period.
9.5. To exercise their right on cancellation, the User must notify Next Step Media BV by means of an unambiguous statement. The User can do so by emailing said statement to firstname.lastname@example.org. Users may also use the model form for cancellation, but are not required to do so.
9.6. Next Step Media BV uses the same payment method the User has used for their reimbursement, unless this is impossible (i.e. a telephonic payment). If it is not possible to refund an amount via the same payment method, the User is requested to provide a bank account number.
10.1. Next Step Media BV is not liable for the behaviour, acts or omissions of other Users on its Website, in any way whatsoever.
10.2. Next Step Media BV is in no way liable for the accuracy, completeness and actuality of the Profiles. The User is aware that, in addition to Actual Profiles, the Website also contains Fictional (i.e. moderated) Profiles, advertisements and other content that serves the purpose of entertainment, which means there is not always a possibility to make physical contact.
10.3. Next Step Media BV shall not be liable for direct/indirect damage to Users as a result of a failure to comply with any agreement or any other obligation of the Website, unless there is intent or gross negligence on Next Step Media BV's behalf. Next Step Media BV is also not liable for intentional damage or gross negligence of their subordinates.
10.4. Liability is, in all cases, limited to direct damage to property and direct damage due to death or injury, and up to an amount equivalent to the amount received by the Website for provided Services, with a maximum of €1,000.
11.1 Next Step Media BV reserves the right to change the Services and Pricing published on the Website, at any time. The same goes for these terms and conditions.
12.1. All contributions and images published on the Website are protected by copyright (belonging to Next Step Media BV and/or a respective User). If a User wants to use a posted picture or other information on the Website that was posted by Next Step Media BV or from another User's Profile, they are required by the Copyright Act to request permission from Next Step Media BV or the respective User in order to use the information in any way. This applies to copying, editing, translating, storing, processing and displaying content in databases and other electronic media and systems. Prints, photocopies and downloads of the Website may only be used for private use, and not for commercial purposes.
12.2. The design and content, including trademarks, logos, images and text on the Website are the intellectual property of Next Step Media BV. They may not be reproduced, used or displayed without explicit consent from Next Step Media BV.
12.3. By completing registration, the User grants Next Step Media BV a license for the use of the intellectual property rights on the content provided by the User to the Website. This license specifically includes the right of the Website to duplicate, display, adapt, translate, scan, use for publicity purposes (bot commercially and non-commercially), sub-licensing or transferring content related to Profiles.
13.1. The User is entitled to unsubscribe from the Website without providing reasons. As part of the Services provided by Next Step Media BV, the personal data that were collected, stored, processed and used will be erased entirely upon unsubscribing, and the membership will therefore be terminated.
14.1. Complaints, questions and/or remarks can be emailed to the support team by using the contact form on the Website. Complaints, questions and/or remarks should be clearly elaborated.
14.2. Next Step Media BV is committed to addressing a submitted complaint within seven (7) business days, and appropriately responding to it.
15.1. These terms and conditions are exclusively subject to Dutch law.
15.2. In case of disputes that cannot be resolved, the Court of Amsterdam is the sole court competent to judge. This applies to disputes relating to these terms and conditions, as well as to the agreements they apply to, including bur not limited to: their validity, interpretation, execution and/or termination and/or its consequences, as well as disputes regarding the use of the Website and Membership, as well as disputes arising from the agreements, terms and conditions or use of the Website/Membership, are related to them or are linked to them.