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Terms of Service

Last updated at 18 November 2024

These Terms of Service ("Terms") govern your access to and use of niwasocial.com or CHERRYCLUB.IO ("the Website"), owned and operated by CHERRY ("the Company"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the Website.

  1. Governing law

    These Terms and Conditions, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of France. Any legal action or proceedings arising out of or related to the use of the website shall be brought exclusively in the courts of France, and the parties submit to the jurisdiction of such courts.

  2. Acceptance of Terms

    1. By accessing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.
    2. You represent and warrant that you have the legal authority to agree to these Terms and to use the Website in accordance with these Terms.

  3. User accounts

    1. Some features or areas of the Website may require you to create a user account. You agree to provide accurate and complete information during the registration process.
    2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify the Company immediately of any unauthorized use of your account or any other breach of security.
    3. CHERRY reserves the right to suspend or terminate your account at any time, without prior notice, if it believes, in its sole discretion, that you have violated these Terms or engaged in any unlawful or unauthorized activities.

  4. Intellectual Property Rights

    1. The Website and all of its content, including but not limited to text, graphics, logos, images, and software, are the intellectual property of CHERRY and protected by applicable intellectual property laws.
    2. You may not reproduce, modify, distribute, display, or create derivative works of any part of the Website without the prior written consent of CHERRY.

  5. User Content

    1. By submitting any content to the Website, including but not limited to comments, reviews, or other user-generated content, you grant CHERRY a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.
    2. You represent and warrant that you own or have the necessary rights and permissions to grant the above license to CHERRY for any content you submit.
    3. CHERRY reserves the right to remove or modify any user-generated content that violates these Terms or is deemed inappropriate, without prior notice.

  6. Prohibited Conduct

    1. Violating any applicable laws or regulations;
    2. Impersonating any person or entity or falsely representing your affiliation with any person or entity;
    3. Uploading, posting, or transmitting any content that is illegal, harmful, defamatory, obscene, or otherwise objectionable;
    4. Interfering with or disrupting the functionality of the Website or any related services;
    5. Engaging in any conduct that may disable, overburden, or impair the Website's infrastructure or interfere with the proper working of the Website;
    6. Attempting to gain unauthorized access to any portion of the Website or any other systems or networks connected to the Website.

  7. Limitation of Liability

    1. To the maximum extent permitted by law, CHERRY shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of the Website.
    2. The Website is provided on an "as is" and "as available" basis. CHERRY makes no representations or warranties of any kind, express or implied, regarding the Website's availability, accuracy, reliability, or suitability for any purpose.

  8. Modification of Terms

    1. CHERRY reserves the right to modify or update these Terms at any time, without prior notice. The revised Terms will be effective upon posting on the Website.
    2. Your continued use of the Website after any modifications to these Terms constitutes your acceptance of the revised Terms.

  9. Billing, Subscriptions, and Termination

    1. Payment Processing: All payments for subscriptions and other services on this website are processed securely through Verotel. By providing your payment information and completing the subscription process, you agree to Verotel’s terms and conditions and authorize the automatic billing of applicable fees to your payment method.
    2. Subscription Plans and Fees: We offer various subscription plans for accessing premium content. Details about the specific services and pricing of each subscription plan are provided at the time of purchase. All subscription fees are payable in advance, and you will be charged according to the subscription plan selected at checkout. Billing frequency is [monthly/quarterly/annual] as indicated during your purchase.
    3. Recurring Billing: By subscribing to our services, you agree to a recurring billing model. Your subscription will automatically renew at the end of each billing cycle unless canceled in accordance with the terms outlined in the “Cancellation and Termination” section below. You authorize Verotel to charge your selected payment method for recurring fees without further approval from you, until you cancel the subscription.
    4. Refund Policy: All purchases and subscription fees are non-refundable, except as required by law. You are responsible for reviewing your subscription before making a purchase, as refunds will not be issued for unused portions of subscriptions or partial months.
    5. Cancellation and Termination: You may cancel your subscription at any time by contacting our customer support at [email protected]. Upon cancellation, your access to premium content will continue until the end of the current billing period, and you will not be charged for subsequent periods. No pro-rated refunds will be issued for cancellations that occur mid-cycle.
    6. Termination by Us: We reserve the right to terminate or suspend your subscription at our discretion if you violate these Terms and Conditions, including but not limited to failure to comply with our acceptable use policies. In such cases, you will not be entitled to any refund for amounts already paid.
    7. Failed Payments and Account Suspension: If a payment fails for any reason, we may attempt to reprocess the payment. If payment is not successfully received after multiple attempts, we reserve the right to suspend your access to the premium content until payment is made. If the issue is not resolved within 5 days, your subscription may be canceled.
    8. Changes to Pricing and Subscription Terms: We reserve the right to modify our subscription fees or terms at any time. Any changes will be communicated to you in advance and will take effect at the start of your next billing cycle. If you do not agree to the new fees or terms, you may cancel your subscription before the new terms take effect.