Terms and Conditions of the DESIRES App

Valid version 08/21/2024

Introduction:

By accessing the DESIRES app and the connected websites (hereinafter referred to as “Websites”), you agree to these Terms of Use.

1. Parties to this Agreement and Consideration

1.1. This Agreement (the “Agreement”) is concluded between you (the “User”) and DESIRES APP INC. (the “Company”). Terms such as “we” and “us” refer interchangeably to the Company, the App and the Websites, while “you” and “your” refer to the user.

1.2. By accessing the materials in the App and on the Websites and for other good and valuable consideration, the sufficiency of which is recognized by you and the Company, you agree to all the terms set out in this Agreement.

1.3. Provided that you accept these Terms, the Company grants you a limited, personal, non-transferable right to access the content of the DESIRES App and the affiliated websites operated by the Company.

1.4. This Agreement may be modified by the Company at any time, and such modifications will be effective upon notice to users by posting on the Websites or by hyperlinking to the Websites. Any attempt by you to change, delete, add or modify any of the Terms will be void and of no effect.

1.5. Any bookmarking of these Websites that bypasses the warning page, age verification page and/or terms of use page constitutes an implicit acceptance of all of the Terms contained herein and an express affirmation that you are of legal age and at least 18 years of age or the age of majority under the laws of your state, province or country.

1.6. This Agreement incorporates by reference all other legal notices found on the Sites, including the Privacy Policy, 2257 Release, DMCA/Photo Complaints, Reporting of Human Trafficking, Law Enforcement and VERIFIED Statements.

2. User Verification

2.1. All materials on the Sites are intended solely for distribution to consenting adults in locations where such materials do not violate Community Standards or federal, state or local laws. Persons under the age of eighteen (18) (or the age of majority in their jurisdiction) are not permitted to view or possess the content of the App and Sites.

2.2. By accessing the Sites, you acknowledge that you are aware that the materials may contain explicit depictions of nudity and sexual activity, that you are comfortable with these materials, are not offended by them, and that you are intentionally accessing them for personal use.

2.3. You also represent that you are over eighteen years of age (twenty-one in countries where eighteen years of age is not the age of majority) and are able to legally enter into this Agreement.

3. User Code of Conduct

3.1. The DESIRES App has a zero-tolerance policy towards human trafficking, prostitution and other illegal acts. Violations of this policy will be reported to law enforcement authorities and the affected profiles will be closed.

3.2. You agree not to use the App or the Websites for any illegal acts, harassment or offensive behavior, including posting defamatory, racist, obscene or offensive content.

3.3. You agree not to violate the privacy, property rights or other civil rights of any person.

3.4. You agree not to infringe, plagiarize or violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.

4. Grant of Limited License with Condition

4.1. You acknowledge that all materials in the App and Websites are copyrighted and constitute valuable intellectual property owned by the Company or others who have granted the Company a license to use them.

4.2. You represent and warrant that you will not access or attempt to access any materials that are not expressly authorized by the Company.

4.3. You agree not to access, view, download, receive or otherwise use any materials from any Prohibited Areas.

5. Prohibited Areas

5.1. Use of the App and the Websites is prohibited in any location where accessing such materials would violate any law, regulation or custom relating to sexually explicit content.

6. Indemnification for Unauthorized Use of Copyrighted Materials

6.1. You agree to be personally liable and to fully indemnify the Company for any damages resulting from the unauthorized downloading or copying of any materials from the Websites.

7. Limited License Grant

7.1. The Company grants you a limited, non-exclusive and non-transferable license to use the materials in the App and the Websites solely for your personal use in accordance with these Terms. Unauthorized uses include, but are not limited to, modifying, creating derivative works of, and renting or leasing the materials.

8. Company’s Ownership of the Content

8.1. All materials on the Sites are protected by copyright and other intellectual property laws. The limited license granted to you does not grant any ownership rights in such materials.

9. Limitations of Company Liability

9.1. The Company is not responsible for the outcome of any contacts or meetings resulting from communications in the App or Sites.

9.2. All materials and services are provided “as is” and without any warranties.

9.3. The Company’s liability is limited to the amount of the Membership paid by the User in a billing period.

9.4. The Company is not liable for any damages arising from the use of the App or Sites.

10. Disclaimer of Liability Regarding Third Party Content/Limitation of Liability

10.1. The Company is not responsible for the content of third party websites or for communications made through the App or Sites.

11. Inappropriate Use of Chat or Use of Copyrighted Material in Public Areas

11.1. The company reserves the right to monitor and delete materials posted in the app and on the websites that violate the terms of this agreement and our guidelines.

11.2. If a profile is deleted due to violations of these terms or our guidelines, the deletion will take place along with all pictures and any coin balances of the profile. Deleted coin balances cannot be refunded and the user is not entitled to compensation. We expressly advise you to read our guidelines and adhere to them.

12. Communication in chat rooms or public areas is not private

12.1. Messages posted in chat rooms or public areas are not private and can be read by the operators of the app and the websites or their AI.

13. Trademarks and service marks

13.1. “DESIRES” and related trademarks are the property of the company. Unauthorized use is prohibited.

14. Personal use of materials

14.1. All materials in the App and on the Websites are intended for personal use by authorized users only.

15. Disclosure and other communications

15.1. The Company reserves the right to send you emails and share information about you and your use of the Websites.

16. Your consent to receive email messages from us

16.1. By using the Websites, you agree to receive commercial, promotional or informational emails from the Company.

17. Users’ liability for information they post

17.1. You are solely responsible for all information you post on the App and on the Websites and for any consequences resulting from such postings.

18. Communications to the Company or Users

18.1. Communications from the App and the Websites to Users may be made via electronic messages or general postings in the App or on the Websites. Notices from users to the company may be sent by electronic messages or conventional mail, unless otherwise specified in this agreement.

Finally, we reiterated that our guidelines are part of this agreement and must be read by every user in order to comply with them.