General Terms and Conditions of Business of Elyren L.L.C
Upon registering for an account – and this also applies to registering for a test account – the visitor of Sucama.com becomes a participant in our dialogue system and accepts the following General Terms and Conditions of Business:
Contracting parties
1.1 The operator and provider of the dialogue system Sucama.com is Elyren LLC (here and after referred to as the Provider)
1.2 Participants must be natural persons who have reached the age of 18 or are of legal age under the laws of their country. The Provider is entitled but not obliged to check the age of the participants at any time by, for example, asking for proof of age.
Subject matter of the agreement
The subject matter of the agreement is the non-exclusive access to and use of a dialogue system belonging to the Provider for exchanging erotic fantasies for entertainment purposes.
The Provider will grant the participants the licensing rights required for this purpose.
Communication using the Provider’s dialogue system is not encrypted unless the Provider has explicitly given an undertaking in this respect.
The Provider is entitled to make changes to the dialogue system at any time (design, functions etc.). It is entitled to offer alternative access options and services for special user groups (e.g. Customer support, access to/for women etc.). The right to access new access options and services is only granted if the participants satisfy the conditions laid down in this respect.
The Provider is not obliged to offer the services personally but may engage third parties to do so.
Registration / conclusion of agreement
3.1 The agreement is concluded as soon as a participant account is released for use.
3.2 Registration for a participant account must be performed personally. The participant account is non-transferrable.
3.3 By registering on the webpage Sucama.com, the visitor expressly acknowledges that these General Terms and Conditions of Business are an integral part of the agreement.
Free test access/mandatory fee
4.1 Following registration, the dialogue system can be tested on one occasion free of charge. Thereafter, use of the dialogue system is subject to a fee. The transition to fee-based services is clearly defined on each occasion on the website.
4.2 In return for payment of a usage fee, the participants acquire a time credit for use with the dialogue system. The current usage fees are published on the website of Sucama.com.
Changes in the usage fees only take effect in the future, i.e. any time credits already acquired are unaffected.
4.3 The usage fees are payable in advance. Payment may be completed by credit card, a credit note or by means of prepayment. The terms and conditions of the payment service provider selected by the participant apply. You can find out what these terms and conditions are by consulting the current up-to-date version of the data protection declaration.
Reimbursement of unused time credits is excluded, in particular whenever a participant account is blocked or deleted by the Provider due to behavior that constitutes a breach of these General Terms and Conditions of Business.
Following payment for the services selected the corresponding equivalent value in minutes is credited to the participant’s time account and added to the existing time credit in the participant’s account.
Conditions of use
5.1 The dialogue system may only be used privately for entertainment purposes and only by the registered participant. Accordingly, the access details for the participant account must not be disclosed to other persons.
5.2 Only one registration may take place per person and IP address.
5.3 Participants are obliged to select a secure password for logging on to the dialogue system and to ensure that is it kept secret. A secure password should wherever possible contain at least six characters. The longer the password selected is, the safer it is against any misuse. It should contain different characters, as well as special characters and uppercase and lowercase letters. The password should not contain any personal information. It should not be a word that can be found in a dictionary. The password should never be identical to the user ID. It should not be easy to recognize when it is inputted. In addition, participants are prohibited from storing the password in the computer system or on a mobile device or from otherwise making a note of it.
Participants are obliged to immediately change their password if they suspect that third parties have obtained knowledge about the access details for the participant account. They must inform Sucama.com without delay if there is a possibility that a third party has obtained control over the participant account.
5.4 Participants must safeguard the intellectual and industrial property rights of third parties when using the dialogue system. In particular, downloads and copies are only permitted for private use.
5.5 When issuing publications and sending messages, participants shall observe existing laws, third-party rights (e.g. the right to privacy) and the will of the other participants, e.g. the wish of a particular participant to no longer receive any more messages and, in general, they shall behave with respect.
5.6 The introduction of harmful software (computer viruses, trojans etc.), the circumvention of technical protective measures, the unreasonable or inappropriate use of the infrastructure of the provider’s server systems or those belonging to third parties and the use of manual or automated software, devices or other processes to scan, scroll or extract the content of the dialogue system is prohibited.
5.7 Participants can report violations of the conditions of use to the Provider using the email address support@sucama.com.
Legal consequences of a violation of the conditions of use
6.1 If the conditions of use are violated the Provider may issue a warning to the participant and/or temporarily block the participant account.
6.2 If there is good reason to suspect legal violations stemming from the publication of information in the dialogue system, the Provider is entitled to either censure the content without prior warning or completely remove the content. The Provider is also entitled to exercise this right in the case of content that is in bad taste, offensive or pornographic;; in so doing, the Provider is accorded a large degree of discretion when making its assessment. However, the Provider does not have any obligation to search for such content.
6.3 In case of severe or repeated violations of the conditions of use, the Provider may terminate the agreement by deleting the participant account as set out in the termination conditions. Data collection / data use
7.1 The participants herewith provide consent for the use of the personal data that they personally input into the dialogue system or which is automatically collected by cookies as set out in the data protection declaration of Sucama.com below. The data protection declaration is an integral part of the agreement.
The data protection declaration explains how participants can withdraw their consent for the automatic collection of data by cookies.
7.2 In accordance with the data protection declaration, the Provider will abstain from selling or leasing personal data or otherwise making it available to third parties for commercial use in return for a fee without the explicit consent of the participants except in the case of the transfer of the dialogue system to a third party.
Warranty
The Provider does not furnish any warranty for
a) secure communication through the use of encryption techniques
b) the loss of data belonging to participants
c) constant and unlimited Access
d) the uninterrupted and error-free functioning of the dialogue system at all times
e) the truthfulness of the contributions by participants
f) mail Funktion due to erroneous conditions
g) reduced functionality due to incompatibilities with or the settings of your hardware and software.
Liability
9.1 The Provider only accepts liability for damage that is caused intentionally in violation of the law or through gross negligence.
9.2 In particular, the Provider accepts no liability for damage incurred as a result of the blockage and deletion of the participant account and the censuring and removal of content as set out in these General Terms and Conditions of Business, even if it subsequently emerges that no legal violation or breach of contract may be attributed to the participant.
Termination
10.1 Participants are entitled to terminate the agreement at any time by deleting their participant account. The termination or the instructions to delete a participant account should preferably take place by means of an email message addressed to support@sucama.com or by post to the place of business indicated in section 1 of the General Terms and Conditions of Business.
10.2 The Provider may delete the participant account in case of use of the dialogue system that constitutes a violation of the agreement if the situation in violation of the agreement is not put right or the breach of contract is not rectified after a reasonable grace period has been granted or if the use in violation of the agreement is continued even after a warning has been issued as well as in case of severe legal violations or breaches of contract such as the violation of copyright, threats, severe violations of the rights to privacy of other participants etc.
There is no right to claim a reimbursement for unused time credits.
Miscellaneous
11.1 The contract language is English: any communications from the participants to the Provider should, generally speaking, be drafted in English.
11.2 Questions and complaints must be sent to customer service using the appropriate form within the service or by email to support@sucama.com or by post to the place of business indicated in section 1 of the General Terms and Conditions of Business.
Applicable law and place of jurisdiction
12.1 The legal relationship between the parties is governed by US law only
12.2 Any claims in relation to the conclusion, implementation and termination of the user agreement for the Provider’s dialogue system will be dealt with by the courts at the Provider’s place of business unless there is another mandatory statutory place of jurisdiction.
General Terms and Conditions of Business: last amended August 2014