Terms of Use

1.1. These terms and conditions (together with our privacy policy, our cookie policy and our notice) apply to the contract between Crossfire and you for accessing our website (discretevibes.com) (Website) and using the dating chat and digital fantasy chat services made available on the Website (Services).

2.1. We are Crossfire HK Ltd trading as discretevibes.com, a limited liability company registered in Hong Kong under business registration number 80880119, whose registered office is located at: Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, Hong Kong (Crossfire, we, us or our).

3.1. Age restrictions.

• The Website and Services may contain uncensored sexually explicit material that is not suitable for minors. Only adults aged at least 18 who have reached the age of majority in their place of residence or from which they access the Site may access the Site and use the Services.
• If you do not meet these age conditions, you must not access the Website and must immediately stop using the Website and/or the Services.
• By confirming that you meet these conditions and all other requirements set out in the notice, you undertake to comply with the age requirements set out in paragraph 3.1(a).

3.2. In order to use the Website and/or the Services, you must confirm all the statements in the notice.

3.3. To create an account, you must:

• complete the registration form on the Website. The information you provide must be accurate; and
• choose a password and a username.

You are not allowed to create an account on behalf of another person.

3.4. Account information.

• Once you have chosen your username, password or any other information required as part of our security procedures, you must treat this information as confidential. You must not disclose it to any third party. We recommend that your username does not reveal your real name to help protect your privacy.
• You must inform us immediately, using our contact details, if you know or suspect that someone other than you knows your username or password. We recommend that you immediately change your username and/or password in such circumstances.

4.1. To use the Site and/or the Services:

• you must confirm all the statements in the notice; and
• you must comply with the laws of the jurisdiction from which you access the Website and the Services, as well as those of the United Kingdom.

4.2. The Website and Services are provided "as is" and "as available". We do not guarantee that the Website, the Services or any content on the Website will always be available, uninterrupted or error-free.

4.3. You are responsible for ensuring that all persons who access the Website or the Services via your internet connection are aware of these terms and conditions and of the notice, and that they comply with them.

4.4. The Website may contain advertisements, promotions or links to other websites, resources and purchasing opportunities provided by third parties. We provide these advertisements, promotions and links for information only. If you access these advertisements, promotions or links, you may be directed to third-party websites. These third-party websites will have their own terms of use, as well as privacy and security policies, which may differ from ours. Our display of advertisements, promotions or links to third-party websites does not constitute an endorsement by us of the content, information, websites or resources of third parties.

5.1. You must not use the Website / Services:

• for the purpose of harming or attempting to harm minors in any way;
• to intimidate, insult, threaten or humiliate any person;
• to send, knowingly receive, upload, download, use or reuse any material that does not comply with our content standards (set out in clause 6);
• to transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam) (or "smimming", "phishing", "trolling" or similar activities);
• to knowingly transmit data or send or upload any material containing viruses, Trojan horses, worms, time bombs, keyloggers, spyware, adware or any other harmful program or similar computer code designed to adversely affect the operation of any computer software or hardware; or
• to download terrorist content.

5.2. You also agree:

• not to reproduce, duplicate, copy or resell any part of the Website in breach of clause 10; or
• not to access without authorization, interfere with, damage or disrupt:
  • any part of the Website;
  • any equipment or network on which the Website is stored;
  • any software used in the provision of the Website; or
  • any equipment, network or software owned or used by any third party in connection with the Website.

5.3. You must not use another user's personal information (including information from their profile page or images) for any purpose other than using the Services.

6.1. When using the Services / Website, you may post your own content while chatting with other users or fictional profiles, or at other times. Any content posted by you or other users on the Website / Services (user content) is not endorsed by us. The following content standards apply to all user content you provide.

6.2. The content standards set out in this clause 6 must be complied with in spirit as well as to the letter. The standards apply to each part of your user content as well as to its whole.

6.3. We will determine, at our discretion, whether user content breaches these content standards.

6.4. User Content must comply with the law applicable in Hong Kong and in any country from which it is posted.

6.5. You warrant that all user content you post complies with the content standards set out in this clause, and you will be liable to us and will reimburse us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

6.6. User Content must not:

• contain swear words or language likely to be considered offensive or likely to harass, upset, intimidate, alarm or annoy any other person;
• be obscene or offend against human dignity (including bestiality, child pornography, pornographic material involving minors and incest);
• be abusive, insulting, threatening or promote or encourage discrimination based on race, sex, sexual orientation, sexual preference, age, religion, nationality or disability;
• exploit people in a sexual, violent or (otherwise) illegal manner, or solicit personal information from our operators;
• offer money or any other advantage in exchange for sexual relations or sexual activities;
• depict a person who has not consented to the creation or dissemination of their image;
• infringe any right of privacy, publicity or confidentiality;
• promote or encourage any illegal activity, including prostitution, terrorism, incitement to racial hatred, or post material which amounts to committing a criminal offence;
• be defamatory, libelous or promote false or misleading information, or otherwise objectionable;
• infringe any copyright, database right or trade mark of any other person;
• promote an illegal or unauthorized copy of another person's copyrighted work, including providing pirated computer programs or links to them, providing information to circumvent copy-protection devices installed by the manufacturer, or providing or linking to pirated images, audio or video content;
• request money or be intended to defraud other users of the Services;
• provide instructional information about illegal activities, including making or buying illegal weapons or drugs; invade someone's privacy; or provide, distribute or create computer viruses;
• relate to commercial activities, including sales, contests, sweepstakes, advertising, pyramid schemes, links to other websites or premium-rate phone numbers;
• contain restricted-access or password-only pages, or hidden pages or images (those not linked to or from another accessible page);
• disrupt the normal flow of dialogue, cause a screen to scroll faster than other users can type, or otherwise negatively affect other users' ability to engage in real-time exchanges; or
• solicit passwords or personal identifying information for commercial or unlawful purposes from other users, or distribute another person's personal information without their consent.

6.7. We have no knowledge of the user content you post unless we receive a complaint about it. We do not monitor user content. You are solely responsible and liable for any User Content you provide.

6.8. You acknowledge that any user of the Services may view and consult your profile. In light of this, we recommend that you carefully consider the information you include in your profile. This is important to protect your privacy, but also for security reasons.

6.9. We may remove, edit, limit or block access to any user content you upload or submit to the Website and/or the Service at any time and without notice. We are not obliged to display your user content, to verify the accuracy of user content, or to monitor your or other users' use of the Website and/or the Service. If we become aware of a breach of this clause 6, we may take appropriate legal action against you, including removing User Content from the Website and/or the Service, terminating or suspending your account and, where appropriate, notifying law enforcement authorities.

6.10. You must not share personal contact details or banking information on your individual profile page via your account, whether about you or anyone else, including names, home address, postal codes, phone numbers, email addresses, URLs, credit/debit cards or other banking information. If you choose to reveal such information, you do so at your own risk.

7.1. We take the safety of our users seriously. If we receive a complaint from another user about your activities, we may, at any time, limit the number of messages you can send to that user or any other user over a given period to a number we consider appropriate, or block contact entirely between you and that user.

7.2. We do not carry out any criminal or other background checks on our users. You are solely responsible for your interactions with other users of the Services. We do not:

• monitor the activity of our users;
• screen or interview users; or
• verify the accuracy of any statement made by them (for example, about their age or gender).

7.3. We recommend that you take reasonable precautions when interacting or communicating with other users. If you choose to meet other users, you do so at your own risk.

8.1. The Website and Services are designed solely for the enjoyment of adults. As part of the Services, we provide a dating chat service, which allows you to chat with other users, and a digital fantasy chat service, which allows you to chat with fictional profiles created and configured by us.

8.2. As part of our dating chat service, you can connect with other users of the Services and use your purchased credits to send them messages. We cannot guarantee that you will receive a reply to your messages from those users, and even if you do not, you will still be charged.

8.3. As part of our digital fantasy chat service, you can chat with our fictional profiles. This works as follows:

• When you chat with our fictional profiles or receive messages from them, you may initially receive an automated message before one of our operators sends a reply.
• All fictional profiles are created by us solely for your entertainment. Our operators role-play these fictional characters. We do not disclose the identity of our operators to users, and it is not possible to meet our operators in person.
• Even though interactions with our fictional profiles may simulate real discussions, they are role-playing games. To protect your privacy, we recommend that you do not share your real name or contact details during these discussions.

8.4. When communicating with other users, you must not share personal data with them or provide them with any information other than your profile information. This helps protect your privacy. For security reasons, we advise against meeting other users in person.

8.5. With regard to all fictional profiles created by us for your entertainment, you acknowledge that:

• the fictional profiles (or any content of those profiles) do not relate to any real person and are intended solely for digital entertainment purposes;
• nothing in a fictional profile is intended to describe or resemble any real person, living or dead. Any resemblance between the digital fantasy profiles and any person is purely coincidental;
• we may create test profiles to test the functionality of the Services and the Website in order to improve the quality of the service for our users;
• no physical meeting will ever take place between you and our operators; and
• the exchange of messages between you and the digital fantasy profiles is purely for entertainment purposes and to encourage further or broader participation in the Services.

9.1. We will only use your personal information in accordance with our privacy policy.

10.1. Our rights. We and/or our licensors retain all intellectual property rights in the Services, the Website and the User Content. Nothing in our contract with you transfers any ownership rights from us to you.

10.2. Your rights. You retain all ownership rights in your user content, but you agree to grant us a license as set out in clause 10.4 below.

10.3. Non-confidential and non-exclusive. Any content you upload to the Website will be considered non-confidential and non-exclusive. We also have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to the Website constitutes a breach of their intellectual property rights or their right to privacy.

10.4. Rights you grant us. When you upload or post user content to the Website, you automatically grant us a royalty-free, unlimited, worldwide, non-exclusive, irrevocable, sub-licensable and transferable right to reproduce, distribute, redistribute, modify, translate, adapt, prepare derivative works of, display and otherwise use all or part of your User Content, by any means, in connection with the provision of the Services, the Site and/or our business activities.

10.6. You warrant that you have all the rights to grant the license set out in clause 10.4 without infringing or violating the rights of any third party, including privacy rights, publicity rights, intellectual property rights or any other proprietary rights. You must reimburse us for any loss and expenses arising from and/or connected with third-party claims that the User Content provided by you or any other use of the Services by you in any way infringes third-party rights and/or is otherwise objectionable.

10.7. Use restrictions. Users must not use user content uploaded or posted by other users. However, we will not be liable for any unauthorized use by a user.

11.1. You can purchase digital credits, also called "credits or tokens", to use the Services available on the Website. These digital credits expire 3 months after the date of purchase. When you spend credits, the credits purchased first are automatically used before more recently purchased credits.

11.2. The total price payable for the digital credits will be displayed on the payment page and will include VAT or any other applicable sales tax. We accept payments via a third-party payment service provider (which varies depending on the country from which you make the payment). As part of the payment process, you will be automatically redirected to their website for payment.

11.3. If you initiate a chargeback or reverse a payment you made using your chosen payment method without valid reason, we may terminate your account and block your access to the Website and Services. In addition, you will be liable for all additional fees related to those chargebacks and the chargeback process.

11.4. Cooling off. You have the legal right to change your mind and receive a refund of what you have paid. This is subject to certain conditions, set out below.

• You cannot change your mind if you have used all the credits purchased.
• You have 14 days after the day you purchased the credits to let us know that you have changed your mind.
• To do so, contact us at: support@discretevibes.com.
• You must pay for the credits used before changing your mind. We will therefore only refund the balance of unused credits once we receive your notification that you have changed your mind.
• We will refund you as soon as possible and within 14 days of you telling us that you have changed your mind. We will refund you using the means you used for payment, unless you expressly agree otherwise. We do not charge a fee for the refund.

12.1. If you believe something is wrong with the Website and/or the Services, please contact us. We honor our legal obligation to provide you with services that are described to you on the Website and that meet all requirements imposed by law.

13.1. We may suspend the Site and/or the Services. We do this in order to:

• resolve technical issues or make minor technical changes;
• update the Website and/or Services to reflect changes in applicable laws and regulatory requirements; or
• make changes to the Website and/or the Services.

13.2. We will contact you in advance to let you know that we are suspending the Website and/or the Services, unless the issue is urgent or an emergency.

13.3. If we suspend the Website and/or the Services, or inform you that we are going to do so, you may contact us at support@discretevibes.com within 30 days of the start of the suspension to end the contract and we will refund you all sums you have paid in advance for services that you have not received or will not receive.

14.1. We may stop providing the Website and/or the Services. If we do so, we will inform you at least 3 days in advance and we will refund you the sums you have paid in advance for Services we have not provided.

14.2. We may terminate the contract with immediate effect by informing you by email if we can no longer provide the Website and/or the Services due to technical problems. We will refund you all sums you have paid in advance for Services we have not provided.

15.1. As part of creating your account with us, you will have accepted these terms and conditions. Once you have accepted these terms and conditions, you are legally bound by this contract. Any purchase made via the Website is subject to these terms and conditions.

15.2. The contract continues until it is terminated in accordance with this clause 15.

15.3. You may at any time, and without notice, terminate this contract by asking us to delete your account with us. You can do this in your profile settings. Where technically possible, your account will then be deactivated and you will receive a confirmation. Three months after your account is deactivated, it will be deleted or made unusable (including your User Content, with the exception of chats. We retain your chats with our fictional profiles or other users for a reasonable period, but these will not be available to other users.) We will not send you a reminder that we are about to delete your account or make it unusable. We will retain some of your personal data (including chats with other users) for certain purposes, as set out in our privacy policy. You can reactivate your account at any time during those 3 months. You can also re-register later if you wish, but please note that you will not have access to previous chats or the user content of your account.

15.4. We may end this contract:

• with immediate effect if you have not used your account for 3 months. You will not receive prior notification of this;
• with immediate effect by informing you by email if you breach any of these terms and conditions or if you have breached applicable laws or regulations;
• in accordance with clause 14.2; or
• by giving you at least 30 days' notice by email for any other reason or no reason.

15.5. If the contract ends for any reason:

• your right to use the Website and the Services will end and you must stop all activities authorized under these terms and conditions;
• you must not re-register for the Services and we may block your email address and your Internet Protocol (IP) address;
• we may continue to use any User Content you have uploaded;
• we will delete your account or make it unusable (including your user content, with the exception of chats); and
• we retain your chats with our fictional profiles or other users, but these will not be available to other users.

15.6. We may temporarily suspend your access to the Website and/or the Service if we suspect that you have abused the Website and/or the Services or if your conduct may harm our reputation or goodwill.

16.1. We are not liable for losses you suffer caused by our breach of this contract if the loss is:

• Unexpected, meaning it was not obvious it would happen and nothing you told us before we accepted your order meant we should have expected it (so, in law, the loss was unforeseeable).
• Caused by a delaying event outside our control, provided we have taken the steps set out in clause 17. We are not liable for events outside our control.
• Avoidable. Something you could have avoided by taking reasonable steps. For example, damage to your own digital content or device, which was caused by the digital content we provided and which you could have avoided by following our advice to apply a free update or by following the installation instructions correctly or by having the minimum system configuration we recommend.
• A business loss, meaning related to your use of the Website or the Services for the purposes of your trade, business, craft or profession.

16.2. Non-compliance with content standards. We are not liable for losses you suffer resulting from your use of the Services in breach of our content standards set out in clause 6.

16.3. The limitations of liability apply collectively to our affiliates, directors, employees, representatives and rights holders, who may at any time rely on the provisions of this article for their own benefit.

17.1. If the provision of the Services is prevented by an event outside our control, we will contact you as soon as possible to inform you and do what we can to reduce the delay. This will normally be done via an on-site message on the Website, although we may contact you in another way. As long as we do this, we will not compensate you for the time the Services were unavailable, but if the delay is likely to be significant, you may contact us to end the contract and receive a refund for all Services you have paid for in advance but not received.

18.1. Changes we can always make. We may always change these terms and conditions, the Website and/or the Services:

• to reflect any change in relevant laws and regulatory requirements;
• to make minor technical adjustments and improvements, for example to deal with a security threat. These are changes that will not affect your use of the Website or the Services; or
• to update digital content, provided the digital content always matches the description we gave you before you bought it.

18.2. Changes we can only make if we give you notice and an option to terminate. We may also make other types of changes to these terms and conditions, the Website and/or the Services, but if we plan to do so, we will inform you and you may then contact us to end the contract before the change takes effect and receive a refund for Services you have paid for in advance but have not received.

19.1. Questions or complaints. If you have a question or complaint, you can email support@discretevibes.com.

• We aim to respond to all questions within 5 business days.
• We will assess any complaint within 5 business days and, if the complaint is justified, we may grant you a (partial) refund.

19.2. Governing laws. These terms and conditions are governed by Hong Kong law.

19.3. Going to court. You may bring legal proceedings concerning the Website and/or the Services before the Hong Kong courts, or before the courts of the country where you habitually reside if you do not live in Hong Kong and this is possible under the mandatory local laws of the country where you reside.

19.4. Mandatory local laws. These terms and conditions do not affect the protection you enjoy under the mandatory laws of your country of residence.