General Terms & Conditions
This site provides access to video and photos immediately after the payment is processed. Due to the nature of downloads, we uphold a no refund policy. The customer is responsible for ensuring their order is correct before purchasing the media content. Please report any errors during the payment or access to firstname.lastname@example.org.
Compensations or refunds will only be given if access to the purchased content is faulty or damaged upon receipt. We'll try to solve each problem as soon as possible.
Fraudulent and/or abusive behaviors as well as disputing the transaction with the issuing bank will result in immediate disqualification from future sales. We take fraud very seriously and will actively report cases of fraud to the authorities for prosecution. Any media or membership purchased from this site cannot be swapped or traded.
General terms and conditions
Terms & Conditions
1. Parties to the Agreement and Subject Matter
Parties to the agreement are:
- The end customer, hereinafter referred to as USER
- The provider, hereinafter referred to as SELLER
- The advertising partner, hereinafter referred to as AFFILIATE
- die High Five Online VoF, Tentstraat 86, 6291 BJ Vaals, The Netherlands hereinafter referred to as SITE OPERATOR
The SITE OPERATOR offers the SELLER the opportunity to sell goods and communicate fee-based with the USER. The communication is billed either per minute or by one-time payments. The prices are set by the SELLER or were set by the SITE OPERATOR. The USER can purchase Coins (100 Euro Coins = 1,00 Euro). After the payment is complete the Euro Coins are credited to the USER's account and can be spend on communication, photos or videos provided by the SELLER. The SITE OPERATOR keeps a fee of all transactions. The SITE OPERATOR is the contact for technical problems and all questions regarding payments. E-Mail: email@example.com
2. Service relationships
USER and SITE OPERATOR, AFFILIATE and SITE OPERATOR & SELLER and SITE OPERATOR agree to a contractual relationship.
3. Payment process
The SITE OPERATOR provides the USER with various payment methods for the payment transactions related to the use of fee-based content. For the payment external payment processors may be used. Data needed for the payment process will be forwarded to the payment processor. Additional terms & conditions of the payment processors may apply.
The payment process can be cancelled by the USER any time before submission.
Payments to the SITE OPERATOR are legally binding. The agreement between USER and SITE OPERATOR is concluded with submitting the payment.
After the payment is processed the purchased amount of Euro Coins is credited to the USER's account. If the price of a product is higher than the Euro Coins account balance, the balance can't be used. Coins not used within 3 months after payment expire.
A registration occurring under the use of false documents, with incorrect payment data entered, while using a wrong name or entering an invalid or wrong e-mail address may result in immediate termination of the agreement between SITE OPERATOR and SELLER, USER, AFFILIATE. Such a termination is reserved for the SITE OPERATOR. The SITE OPERATOR reserves the right to file criminal charges in such cases at its own discretion.
5. Cancellation / Deletion
USER and AFFILIATE can cancel and thus deactivate their access at any time and for any reason. For a cancellation to be effective the SITE OPERATOR has to be notified via email. An access can be cancelled and disabled, but not all related data can be deleted. A cancellation is only considered effective if the USER or AFFILIATE has received a confirmation email from the SITE OPERATOR. The accrued commissions of AFFILIATES can be paid out on cancellation even when the payment limit has not been reached. Payment is made at the end of the month following the cancellation. Credits in the USER account expire on cancellation. No refund in EUR for Coins bought will be made.
AFFILIATES have to be approved manually by the SELLER. There's no entitlement to be approved and approval can be denied without reasons.
The AFFILIATE is an advertising partner of the SELLER. The AFFILIATE refers USERS from his own websites, emails or other marketing methods. When a new USER (e-mail not yet registered with the website) signs up over the AFFILIATE's referral the AFFILIATE receives a commission of all orders from this particular USER.
Payouts to the AFFILIATES are generated automatically once the selected payout minimum is reached. Once the payout minimum is reached the payment is made till the 15th of the following month. For wire transfers outside the SEPA payment area the fees are split between the SITE OPERATOR/SELLER and the AFFILIATE.
The SELLER may accept or decline new AFFILIATE registrations without reasons.
By providing identity documents the AFFILIATE confirms that he is the person displayed in the documents. The AFFILIATE furthermore agrees not to share his login information.
It's only allowed to advertise the website on sites not breaking local laws or infringing the copyright of 3rd parties.
The SELLER allows the usage of all promotional materials listed under "promotional material" as long as the materials are used to promote the website.
6a. Cancellation of an AFFILIATE's account by the SITE OPERATOR
The SITE OPERATOR reserves his right to cancel the contract with an AFFILIATE without naming reasons. The account balance will then be paid to the AFFILIATE in the next payment cycle.
The account balance will not be paid out if:
- the AFFILIATE used incorrect information, false documents or another identity then his own for registration
- the AFFILIATE used contents of the website (e.g. photos, text) in the wrong context.
By cancelling the AFFILIATE's account the SITE OPERATOR does not dismiss any claims for damage. In case of criminal offences (forgery, violation of copyright) the appropriate local law enforcement agencies will be notified.
7. Accessibility and Usability
The WEBSITE OPERATOR is not liable for non-availability of the website or for accessibility relating to the legal relationship between SELLER and USER. Also, the SITE OPERATOR shall not be liable for any financial damages or damages of any other kind that arise from technical defects. The SITE OPERATOR has to be notified of technical errors via email. After receiving said notice the SITE OPERATOR will try to solve the technical problem. The SELLER agrees to ensure his / her availability online at the times he / she has indicated to the USER.
The SITE OPERATOR is not liable for contents provided by the SELLER or actions by the SELLER.
8. Default of Payment
If a USER's payment is cancelled or cannot be collected access to the WEBSITE will immediately be blocked. The USER is then in default. The USER's account will be blocked immediately until the payment is complete. Additional cost caused by the default will be billed to the USER.
9. Right of Rescission
The USER hereby confirms to have been advised that his right of rescission expires with the submittal of his / her payment. The SITE OPERATOR commences with his services immediately after the payment has been made.
10. Data storage
By submitting his / her user information the USER and AFFILIATE agree to the storage of their personal data. This personal data cannot be deleted. Upon cancellation the personal data are, however, deactivated and will no longer be used. For technical reasons and to ensure compliance with our terms & conditions the chat history is saved temporarily.
The USER agrees to not save any contents of private chats or messages and not to make them available to 3rd parties.
11. Notifications by email
Until expressly revoked the USER and AFFILIATE grant the SITE OPERATOR the right to send him / her emails with news about this offer or any other offer of the SITE OPERATOR or its partners.
12. Age restriction
USER, AFFILIATE, and SELLER confirm to be of legal age in their respective state, e.g. at least 18 years of age. Minors are not allowed to participate in the offers of the SITE OPERATOR. USER, AFFILIATE, and SELLER furthermore agree not to provide access to any contents, especially not to provide access to minors.
13. Log-in information and use of the SELLER log-in
The SELLER agrees not to share his login-data with 3rd parties, but that he's the sole user of this login-in. If the log-in data is compromised or stolen the SELLER agrees to notify the SITE OPERATOR immediately.
14. Disclosure of USER information to the SELLER
The SITE OPERATOR discloses the USER's personal data, like user name and email, to the SELLER in case of registration or purchase. Creditcard or bank account information is not disclosed to the SELLER.
15. Liability of the SITE OPERATOR
The SITE OPERATOR is not responsible for submitted content, data or files. The SITE OPERATOR is not liable for any damages arising of the submittal of content, data or files. The SITE OPERATOR is not responsible for damages caused by the SELLER.
The SITE OPERATOR is not responsible for the contents provided by SELLER or contents of external links. Liable for external link's contents are solely the operators of linked sites.
All contents of the website remain property of the rightful owner.
16. Changes of terms
The SITE OPERATOR reserves the right to change or expand these terms and conditions at all times. There were no non-written subsidiary agreements of any kind. Any changes to the terms have to be in written form, this also includes the mandatory written-form-agreement.
17. Severability Clause
If any provision of this agreement should turn out to be invalid or unenforceable or become invalid or unenforceable after the conclusion of the agreement, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision a valid and enforceable provision shall come into effect which is nearest the economic objective the parties intended to achieve with the invalid or unenforceable provision. The foregoing provisions shall also apply in case the agreement turns out to be incomplete.
This agreement is governed by the law of the Netherlands, and jurisdiction for disputes arising of this agreement or related to it are the Netherlands.