Last updated December 12, 2018
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON “CONTINUE WITH” BUTTON, ONCE THE BUTTON IS CLICKED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR OR PURCHASE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY CHERISH AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE/ UPON OUR UPDATING THE APPLICATION WITH THE CURRENT VERSION OF THIS AGREEMENT.
1. Eligibility. By registering on Cherish, You represent and warrant that You are at least 18 years old. Membership in the Service and registration on Cherish is void where prohibited. By using Cherish, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity.
2. Term. This Agreement will remain in full force and effect while You use Cherish and/or are a Member of Cherish. You may terminate Your membership at any time, for any reason, effective upon receipt of Your written notice of termination by Cherish customer support staff.
Cherish may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided at registration, or to any other email address provided by You to Cherish. Upon termination by Cherish without cause, You shall receive a refund, pro rata, of any paid fees that Cherish has received from You. If Your membership with Cherish is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall Cherish be liable to You, for any refund of unused fees for using Cherish or its additional Services. Unused coins expire 365 days after their purchase date. Used coins are non-refundable, except as provided in this Agreement or applicable policy. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.
3. Non-Commercial Use by Members. Cherish is for the personal use of individual Members and/or Registered Non-Members only and may not be used in connection with any commercial endeavours. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Website/ Application for any purpose. Illegal and/or unauthorized use of the Website/ Application, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website/ Application will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that You will not create any databases, websites, applications, software, legal entities and services competitive with Cherish. You further guarantee and warrant that You will not use the Website/Application for any commercial purposes, and/or send or receive funds thorough the Website/Application, and/or create accounts with fake usernames. You further guarantee and warrant that You will not be paid for using the Website/Application and services, provided on the Website/Application. Such activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content. Cherish owns licenses or otherwise retains all intellectual property rights in the Website/ Application and the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of Cherish and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted at Cherish:
a. You understand and agree that Cherish may at its sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, “Content”) that in the sole judgment of Cherish violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third parties.
b. You are solely responsible for the Content that You publish or display (hereinafter, “post”) via the Website/ Application, or transmit to other Members.
c. By posting Content to any public area of the Website/ Application You automatically grant, represent and warrant that You have the right to grant to Cherish an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. The following is a partial list of Content that is illegal or prohibited on the Website/ Application. Cherish reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:
• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
• promotes information that You know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another persons copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• publicly displays inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• engages in commercial activities and/or sales without Cherish prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations. Your Content must comply with applicable international, national and local laws and regulations.
f. You may not include in Your profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.
g. You may not engage in advertising to, or solicitation of, other Members and/or Registered Non-Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Cherish cannot monitor the conduct of its Members off the Website/ Application, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, Cherish reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Cherish deems appropriate in its sole discretion.
h. You may not collect data from Cherish either from authorized and not authorized zones through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on Cherish. You may not collect data from Cherish authorized zones by any other means including manual collection of data.
i. To ensure the quality of the Service provided, Your communication through the Website/ Application may be recorded.
j. Cherish reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this Section 5 including without limitation removing the offending communication from the Service and terminating the membership of such violators.
You can have only one active account on Cherish, other will be deleted.
7. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply Cherish's copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on the Website/ Application; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owners behalf.
8. Member Disputes. You are solely responsible for Your interactions with other CherishMembers/Registered Non-Members. Cherish reserves the right, but has no obligation, to monitor disputes between You and other Members/Registered Non-Members.
9. Calls and text messages. By providing Your phone number(s), you confirm that the number(s) belongs to you and you expressly consent to receive various notifications from Website/Application including but not limited to: account verification, password recovery, marketing notifications, invite notifications, your contact list activities notifications, non-marketing and marketing text messages from Cherish, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive text messages is not required to purchase any goods or services. Your phone number will only be visible to you.
• Messaging Frequency no more than 10 messages a week;
• Messaging & Data rates may apply;
• If You wish to stop receiving messages reply “stop” to the received from Cherish message (sms).
11. Disclaimers. CHERISH PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICE. CHERISH SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, CHERISH DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. CHERISH DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to the Agreement, Cherish cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. Cherish is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. CHERISH DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Cherish is not responsible for any incorrect or inaccurate Content posted on the Website/ Application or in connection with the Service, whether caused by users of the Website/ Application, Members or by any of the equipment or programming associated with or utilized in the Service. Cherish is not responsible for the conduct, whether online or offline, of any user of the Website/ Application or Member of the Service. Cherish assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Cherish is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Websites/ Applications or combination thereof, including injury or damage to users and/or Members or to any other persons computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Cherish be responsible for any loss or damage, including personal injury or death, resulting from anyones use of the Website/ Application or the Service, any Content posted on the Website/ Application or transmitted to Members/Registered Non-Members, or any interactions between users of the Website/ Application, whether online or offline.
12. Suppliers. To provide the Service, Cherish may purchase services from various third parties (collectively, “Suppliers”). The Suppliers are independent contractors and are not agents, or employees of Cherish. Cherish is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with its Suppliers, Cherish is prohibited from rendering the Suppliers contact information. Services provided by the Suppliers include but are not limited to the following: Suppliers provide full, accurate and legitimate information required for the registration of the Members at Cherish prior to their registration according to the terms of Agreement.
a. Suppliers provide full, correct and quality translation of all correspondence of their Members.
b. Suppliers provide additional services in accordance to the terms of their agreement with Cherish.
c. Any additional services requested by Cherish Members, which fall into the Suppliers scope of activity, but not defined by Cherish terms of Agreement with Supplier, may be processed by Suppliers, but are not automatically granted.
Provision of any services not listed in this Article is prohibited. Cherish is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website/ Application and the Service are provided “as is” and Cherish expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Cherish cannot guarantee and does not promise any specific results from use of the Website/ Application and/or the Service.
13. Members. Cherish does not influence the relationships between Members of the Website/ Application. Members may terminate their membership with Cherish at any time.
14. Rights of Registered Non-Members/Purchase of Membership/Additional Purchases. Upon registering with the Website/ Application, a Registered Non-Member shall have 1 (one) calendar month to purchase a membership (“Trial Period”). During the Trial Period, You shall have access to the following Services:
• Browsing of Members profiles;
• Inclusion of Your profile in Cherish's database and searchability by other Members;
• Ability to make changes to Your profile
• Ability to read messages;
• Ability to respond to messages from Members with a positive balance on the account;
• Ability to purchase membership.
In the event You fail to purchase Your membership during the Trial Period, your profile shall be de-activated, and You shall lose all access to the Services, provided however, that You shall retain the ability to purchase membership at any time Upon purchase of membership, a Registered Non-Member shall become a Member and shall have access to all Member privileges. All Services not included in the membership fee shall be provided at additional charge. Your membership will continue indefinitely until cancelled by You. After Your initial purchase of membership, and again after any subsequent membership period, Your membership will automatically renew for an additional equivalent period, at the price you agreed to when initially purchasing the membership. You agree that your account will be subject to this automatic renewal feature. If You want to change or terminate your membership, please contact our customer support at firstname.lastname@example.org. If You cancel Your membership, You may use your membership until the end of Your then-current membership term and Your membership will not be renewed thereafter. However, You won't be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period.
By purchasing the membership, You authorize Cherish to charge Your credit card, debit card or other payment method at such time and again, as Your membership will automatically renew at the beginning of any subsequent membership period, unless canceled by You prior to the expiration of any membership period, including any sales or similar taxes imposed on Your membership payments. Unless otherwise indicated in any applicable additional terms or communications Cherish sends to Your registered email address, the renewal membership will be at the same membership fee as when you first subscribed, plus any applicable taxes, unless Cherish notifies You at least 10 days prior to the end of your current term that the membership fee will increase. You acknowledge and agree that your payment method will be automatically charged for such membership fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your membership is subject to automatic renewals and You consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from You and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable membership fees. Upon the renewal of Your membership, if Cherish does not receive payment, You agree that Cherish may either terminate or suspend your membership and continue to attempt to charge Your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new membership commitment period will begin as of the day payment was received).
By subscribing to our monthly membership, you will be able to:
• Send messages to other users;
• Gain access to private photos in the profiles of other users;
• Get advanced search option.
Term of Membership Costs (USD):
• 1 Week free trial and then every Week for 14,99
• 3 Months 69,99
• 12 Months 149,99
For those users who registered before 18th June 2019 - 1 Month membership costs USD 7.99
Upon de-activation of Your membership, Your profile shall not be searchable by other Members. You shall retain the right to browse other Members' profiles and to make changes to Your own profile. Upon additional purchase your membership is re-activated.
Additional services which are not included in membership may be bought for Coins. Coins cost:
• 500 coins 4,99
• 3000 coins 18,99
• 20000 coins 99,99
During your use of Streaming you may be awarded by other Members with virtual gifts. When you receive gifts from your viewers during your stream, like a popcorn or a car, you immediately earn the same number of Diamonds as the item cost in Credits to purchase in the Gift Store.
Gifts or Diamonds have no monetary value (i.e., are not a cash account or equivalent), and do not constitute currency or property of any type. Gifts and Diamonds cannot be sold or transferred to other Members and cannot be exchanged for cash or for any other goods and services.
Members have no property, proprietary, intellectual property, ownership, or monetary interest in Gifts, which remain Company's content or in Credits and/or Diamonds. Gifts and Diamonds are non-refundable. We do not recognize the transfer of Gifts or Diamonds (including for money or any other consideration or items of value whether inside or outside of the Service). Accordingly, you may not purchase, sell, barter, or trade any Gifts or Diamonds or Credits, or offer to purchase, sell, or trade any Gifts or Diamonds or Credits. Any such attempted transfer will be null and void.
Although Company may share revenue generated from the sale of Gifts with the Member receiving the Gift subject to the agreement solely between Company and the Member which can be found in the details of Your account under «Cash Out» button, Gifts and Diamonds are not intended to be used as a means to provide financial support to the Member, and Company makes no assurances to any Member that any Member receiving Gifts will receive a revenue share.
Company does not guarantee that Gifts or Diamonds will be available at all times or at any given time. Company does not guarantee that we will continue to offer Gifts or Diamonds for any particular length of time. Company may modify Gifts or Diamonds at our sole discretion, and such modifications may make Gifts or Diamonds more or less common, desirable, effective, or functional. Company may immediately suspend or terminate Gifts or Diamonds for any or no reason, in our sole discretion, and without advance notice or liability.
Company reserves the right to change and update our Gifts and Diamonds without notice. Company reserves all right, title and interest in Gifts and Diamonds, and all associated copyrights, trademarks, and other intellectual property rights therein. Except as required by applicable law, any unused Diamonds and Credits will be forfeited to Company upon termination of your Cherish account.
Company reserves the right to deactivate a Member from any Cherish service for any reason or no reason. Once a Member has been deactivated, any Diamonds, Gifts or Credits accumulated by that Member will be forfeited and may not be reinstated.
15. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will Cherish be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Website/ Application or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if Cherish knows or has been advised of the possibility of such damages. Cherish is not responsible for any expenses that you may have related to communicating with Members and Non-Members on our site but outside of using our services our services (including, but not limited to expenses related to travel, deliveries, meetings etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, Cherish's liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Cherish for the Service during the term of membership.
16. U. S. Export Controls. Software from the Website/ Application (the «Software») is further subject to United States export controls. No Software may be downloaded from the Website/ Application or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone who is listed on the U. S. Treasury Department's list of Specially Designated Nationals or on the U. S. Commerce Department's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
17. Disputes. You acknowledge that the transactions involving your use of the Website and your purchase of products or services took place in the country of incorporation of the Company. Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by Cherish or through Cherish will be resolved by binding arbitration under the LCIA Rules, rather than in court. The number of arbitrators shall be three. The arbitration shall take place in London, UK. The language to be used in the arbitral proceedings shall be English. The governing law of this Agreement shall be the substantive law of the country of incorporation of the Company. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Arbitrators, however, can award you the same damages and relief, and must honor the same terms in this Agreement, as a court would.
The LCIA's Rules are available at www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014. Payment of all filing, administration and arbitrator fees will be governed by the LCIA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
18. Indemnity. You agree to indemnify and hold Cherish, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement, and/or any allegations that any Content that You submit to Cherish or transmit to the Website/ Application infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
19. Other. This Agreement, accepted upon use of the Website/ Application and further affirmed by becoming a Member and/or Registered Non-Member of the Service, contains the entire Agreement between You and Cherish regarding the use of the Website/ Application and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.