Individuals under eighteen years of age are not eligible to use companion.tk services. We ask that such do not submit information to us. The Website is intended for consenting adults, over the age of 18 (eighteen), or individuals that have reached the age of majority in their applicable jurisdiction, whichever is older. Persons under the age of majority are not eligible to register for, use and/or purchase the services and/or products featured on the Website or to become a member.

1. Service

The Service can only be used after you have registered. Registration is free. You thereby enter into a non-fee based contractual relationship with us, which is governed by these Terms.

Your membership is intended only for your personal use. You are not allowed to authorize others to use your membership or your account on the Website. That means you’re not allowed to share your access data with any third party or forward your access data to any third party. We offer the Service exclusively for private purposes. By registering, you undertake to use this Service exclusively for private purposes and not for commercial ones.

The Website’s primary purpose is to provide an adult entertainment experience. The Service enables members to connect with each other, exchange pictures, stories, fantasies, and contact and engage in conversation with other members, our representatives, and our automated system.

You understand and agree that there is no guarantee that you will find a date, a companion or an activity partner, or that you will meet any of our members in person. The Website merely provides an adult entertainment experience to its members.

You understand that you are responsible for all details you provide. You must ensure that the details you provide are truthful and describe you personally. You undertake to refrain from willfully presenting data from third parties as yours. Willfully false details or details made with fraudulent intentions, in particular providing the bank or credit card details of a third party without their consent, will carry legal consequences.

You undertake to keep the details provided to us up to date, in particular your contact details and payment information.

You are solely responsible for the content that you publish or display on the service, or transmit to other members, and by posting content to any public area of the service, you automatically grant, and you guarantee that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, worldwide license to use such information and content, and to grant and authorize sub licensing of this content. We reserve the right to use content from profiles, including the member username, photos and videos, for featuring them in promotional material. The Website has joined the Dating Factory network which pools resources and members of several websites to provide you with a larger selection of members to communicate with. Any content you post may be visible on other sites on the network.

We do not verify the accuracy or truth of any information published by members. Whilst we are entitled, but not obliged, to investigate the content of profiles, including uploaded images, for compliance with the law in general, with these terms and with the rules specified by us on the relevant web pages and, if necessary, to reject, modify or even delete the content in question. By using this service you accept that any member profiles, messages and communication may not be genuine and the service is for entertainment purposes only.

You undertake to furnish no information that you are not explicitly requested to provide. In particular, this applies to names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers.

You undertake to treat other customers’ data (in particular names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers), e-mails and other forms of correspondence that you obtain in connection with your use of the Service with confidentiality; you also undertake to refrain from making these accessible to third parties without the consent of their originator. It is also forbidden to pass on the data of non-customers as part of the Service.You warrant that you have no commercial intentions and will refrain from using the information entrusted to you for commercial purposes or purposes that breach the contract.

You undertake to send messages to other customers for no purpose other than that of personal communication and in particular not for the purposes of advertising or tendering goods or services. You also undertake to refrain from sending “chain mail” or similar.

You shall not misuse us and in particular shall refrain from using the Service in order to

  • distribute defamatory, objectionable or otherwise illegal material (e.g. but not limited to material that infringes third party personality rights such as photos of third parties);
  • threaten or harass others and/or violate their rights;
  • to pledge or demand money or payment in kind.

You also undertake

  • not to upload any data containing a virus (infected software) or any other kind of malware (including but not limited to worms, Trojan horses, spyware etc.) to the Service;
  • not to upload any data to the Service containing software or other material that are copyright protected or protected by other commercial property rights unless you are the owner of the rights in question or have obtained the consent necessary to use the software or materials from the holder of the rights;
  • not to use the Service in such a way that the availability of the Service to other customers are negatively affected;
  • not to intercept e-mails or make any attempt to do so.

If you do not comply with any one of the obligations set out in the paragraphs above, this may lead to us terminating the contractual relationship and access to the Service being immediately blocked. Any pecuniary claim by us against you remains unaffected by this. Furthermore, we reserve the right to initiate civil or criminal proceedings against you.

If you use the Service in conjunction with business interests or use the details and data entrusted to you for commercial purposes, you shall be obligated to pay a contractual penalty of 10,000 CHF for each proven contravention or the highest amount permitted by law, without prejudice to any claim for damages.

You undertake to hold us harmless against all proceedings, loss, demands or claims for damages that may arise during your registration for and use of the Service. In particular, you shall indemnify us against any liability and all obligations, expenses and claims resulting from losses due to malicious gossip, insult, defamation and violations of personality rights by other customers, due to non-provision of services for customers or due to the violation of intellectual property rights or other rights by you. Furthermore, you shall indemnify us against all liability and claims arising from a breach of these GTC by you.

You are expected to open and respond to the messages that you receive at regular and appropriate intervals and, if necessary, file these on your own computer or another storage medium.

All incoming messages of users of the free service are stored in the internal mailbox on the site for 30 days. All incoming messages for paying subscribers are stored in your internal mailbox on the site for 3 months. We reserve the right to review and delete any messages, comments, photos, video and whole profiles (the “content”) that in our sole judgment violate these Terms or may be offensive, illegal, or that might violate the rights or put in danger safety of other members.

We are entitled to delete your profile if you have not used the free Service for more than six (6) months from the database, even without consultation or notice. On the one hand, this measure helps to protect your data as, after this period has elapsed, we will be forced to assume that you are no longer interested in the storage of your data; on the other hand, the measure serves to keep the database free of inactive customers, thereby improving the service offered by us.

All rights to programs, services, processes, software, technologies, brands, trade names, inventions and materials that belong to us shall remain exclusively ours. We are the owner of all rights of use for the above-mentioned rights. The use of all programs and the content, materials, brands and trade names contained therein are only permissible for the purposes specified in these terms. Any reproduction of the programs, services, processes, software, technologies, brands, trade names, inventions and materials belonging to us are not permissible unless expressly authorized by us.

To resolve a complaint regarding the Service or the Website, you should contact the Website’s Customer Support team using the Contact us form on the Website.

Liability

Direct contact is only established between our customers following mutual agreement. We are therefore not liable in the event that no such contact is established within the duration of the agreement. However, we endeavor to mediate contact between our customers by providing the technological means to this end.

We are not liable for the misuse of data and information as the possibility exists, despite its explicit prohibition, that you may use the Service in an improper or illegal manner. Furthermore, we are not liable in the event that information made accessible to a third party by you is misused by this third party.

We make no guarantee that the service will operate properly at all times, i.e. that it will be constantly available without interruption. In particular, we are not liable for faults in technical equipment or in the quality of access to the service due to force or events beyond the control of us (e.g. failure of communication networks).

We are not liable for unauthorized attainment of your personal information by third parties, e.g. in the form of access to the database by hackers.

For other losses that occur due to causes other than those stated above, we shall only be liable in cases of intent and gross negligence on the part of its executive bodies, employees and vicarious agents, and this liability are proportionate to other causes contributing to the loss.

In the event of injury to life, body or health or in the case that we have breached material contractual obligations we are also liable for slight negligence. Liability in the latter case is limited to foreseeable, direct losses typical to this type of contractual relationship. In any event, our liability to you is limited, to the extent allowed by applicable law, to the aggregate amount of all fees you have paid to us in the 6 months period prior to the event causing our liability.

In case you would encounter anyone (online or offline) by using our Service, we are not liable for any harm that such person may inflict upon you, since it will be your sole responsibility to take all necessary precautions to avoid such mishap from happening. You acknowledge that it is impossible for us to screen the personal history of every member signing up to use the Service.

Liability is otherwise excluded.