Terms & Conditions
BEFORE USING THIS SITE, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
Updated: 19th of October, 2023
Terms Of Website Use
These terms of use (together with the documents they relate to) describe how you may use our website, arousetv.vip, along with any other website that we own that may connect to it (collectively, “our site”), whether you are a registered user or a guest. Accessing, browsing, or registering to use our site are all examples of using it.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR SITE & YOU MUST IMMEDIATELY CEASE USING OUR SITE IF YOU DO NOT SATISFY THIS AGE RESTRICTION
AROUSE PLATFORM TERMS AND SERVICES AGREEMENT (HEREINAFTER “AGREEMENT”)
THIS DOCUMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DISMAX MEDIA LTD. (AROUSETV.VIP) THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE PLATFORM AND THE SERVICES. IF YOU USE THE PLATFORM OR THE SERVICES, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS, SO PLEASE TAKE THE TIME TO READ THEM CAREFULLY AND IN FULL.
This Agreement (together with the numerous documents referred to in it) establishes the rules under which you may use the Platform (including accessing, reading, or utilising any of the functionality provided by the Website) and the Services.
Please read this Agreement carefully before beginning to use the Platform or the Services, as it represents a legally binding agreement to which you will be bound.
By using the Platform, you indicate that you accept the terms of this Agreement and agree to abide by them.
Information About Us:
Legal Name of Company – Dismax Media Ltd
Arouse Network Sites – arouse.vip / arousetv.vip
Email Address – support@arousetv.vip
Postal Address – 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM
Our sites are owned and operated by Dismax Media Ltd
Core Content 2257 ©Industria UK Ltd
Other Applicable Terms
These terms of use refer to the following additional terms, which also apply to your use of our site:
Our Privacy Policy, which outlines the conditions under which we process any personal information you give us or that we obtain from you, and by which you consent to our use of cookies. By using our website, you agree to this processing and guarantee that the information you submit is true.
Our Acceptable Use Policy , which outlines the acceptable and unacceptable usage of our website. You are required to abide by this Acceptable Use Policy when using our website.
Changes to these Terms
We reserve the right to update this website and change these terms of use at any time. As any modifications we make are legally binding on you, kindly review this page sometimes to take notice of them. The FAQs may occasionally be updated as well, frequently to reflect the addition of new services or improvements to already-available ones, as well as to reflect the valuable input of our customers.
Site Access Conditions
We do not guarantee the availability or continuity of our website or any of the content on it. Temporary access is allowed to our website. Without prior notice, we have the right to suspend, remove, stop, or modify all or any portions of our website. If for any reason our site is down at any time or for any length of time, we will not be held responsible to you. You are in charge of making any preparations required for access to our site. You are also in charge of making sure that anyone using your internet connection to visit our site is aware of these terms of use and any other applicable terms and conditions and that they abide by them.
Passwords & Account Details
You must first establish an account and pass our age verification requirements in order to use many of the features on this website. You must consider any user identification codes, passwords, or other information that you choose or are given as part of our security measures as secret. You can’t give it out to anyone else. If in our reasonable opinion you have violated any of the conditions of this agreement, we have the right to disable any user identification code or password, whether selected by you or assigned by us, at any time If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at. support@arousetv.vip
Intellectual Property Rights
All intellectual property rights in our site (including the arouse.vip & arousetv.vip brand mark and any other trade names, service marks, trade dresses, logos, URLs or identifying slogans belonging to us, whether or not registered) and in the content published on it belong to us or are under licence from one of our affiliates/content partners. All across the world, copyright laws and agreements safeguard those works. These rights are all reserved. You accept and agree that this intellectual property is our sole property by using our services and this website.
Save as mentioned above, you agree not to otherwise modify, copy, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through our site. Additionally, you agree not to:
[a] Use the services or any portion of the content accessible on or via our site for business purposes without first securing a licence from us or our licensors to do so.
[b] Use any robot, spider, scraper, or other automated device or manual process to access, monitor, reproduce, distribute, transmit, broadcast, display, sell, licence, copy, or otherwise exploit any content of the services accessible on or through our site, including but not limited to user profiles and photos, for any purpose not permitted by this Agreement or without our express permission.
Our status as the creators of any content available on or through our site, including that of any specified contributors, shall at all times be acknowledged.
Limitation of our liability
Nothing in these terms of use eliminates or restricts our liability for wrongful death or personal damage caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be restricted or excluded by UK law. To the fullest extent permissible by law, we disclaim any and all express or implied agreements, conditions, warranties, representations, or other terms that may apply to our website or any content on it. The use of, or inability to use, our site; use of, or reliance on, any content displayed on our site; and any other loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, shall not subject us to any liability to any user. Please be aware that our website is only available for domestic and private usage. You acknowledge that you may not use our site for any commercial or business objectives, and that we will not be liable to you for any loss of revenue, business interruption, or lost opportunity. Due to your use of our site, your downloading of any content from it, or from any website linked to it, we will not be held responsible for any loss or damage brought on by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data, or other proprietary material. The content of websites that are linked on our website is not our responsibility. These links shouldn’t be taken as an endorsement of the websites they lead to by us. Any loss or damage resulting from your use of them is not our responsibility.
You must not use the Platform if you do not agree to these terms and conditions
KEY WORDS AND DEFINITIONS
This Agreement states:
“Account” refers to an individual User account created for the purpose of receiving the Services.
“Ancillary Terms” refer to any other terms or policies that we may post on the Platform that govern your use of the Services and which may be changed from time to time, including, but not limited to, the Arouse Policies and the Credit Terms.
“Balance” refers to the credit balance on a User’s account.
“Business Day” refers to Monday through Friday from 9.30 a.m. to 5.30 p.m., as well as any day that is not a public or bank holiday in London.
“Community Guidelines” refer to our community guidelines, which are made available to Users via the Platform and may be amended from time to time.
“Content” refers to any text, software, scripts, graphics, photographs, sounds, music, videos, audio-visual combinations, interactive features, and other materials available through the Services, including User Content.
“Cookies Policy” refers to Arouse’s cookies policy, as it may be amended from time to time via the Platform.
“Creative User” indicates a User who uses the Service for its trade, business, craft, profession, or otherwise submits Paid for Services on the Platform.
“Credit Terms” refer to the terms that govern the purchase and usage of Credits on the Platform that are made available to Users through the Platform, as they may be modified from time to time.
“Credits” are digitised tokens that are hosted on the Platform and can be traded for specific Services.
“Data Protection Legislation” means, for the time they are in force in England and Wales, all legislation relating to the protection of individuals’ rights in their Personal Data and the protection of their privacy, including the DPA, GDPR, PECR, and all such legislation as may supplement, amend, or replace them from time to time.
“Device” means a desktop computer, laptop, tablet, mobile telephone, or other computing device with internet functionality.
“DPA” refers to the Data Protection Act 2018 and all related legislation.
“Arouse.vip” is wholly owned and operated by Dismax Media Ltd. Dismax Media Ltd is a UK corporation with the company number 15148579 and registered office at 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM.
“Arouse Policies” refers to any policies or guidelines issued by Dismax Media in relation to the Platform from time to time, including but not limited to the Community Guidelines, Cookies Policy, and Privacy Policy.
“GDPR” refers to the UK GDPR as retained in law, amended, and titled by the European Union (Withdrawal) Act 2018 and the Data Protection, Privacy, and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019/419.
“Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, whether registered or unregistered, including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights, and all similar or equivalent rights or forms of protection that exist or will exist now or in the future anywhere in the world.
“Payment Partner” refers to any third party approved by Dismax Media that allows a User to make payments on the Platform.
“PECR” refers to the Privacy and Electronic Communications (EC Directive) Regulations 2003
“Personal Data” has the same meaning as defined in Data Protection Legislation.
“Platform” refers to the arousetv.vip site platform as it appears on the Website, as well as any modifications or supplements to it, including mobile-friendly versions of the Platform.
“Privacy Policy” refers to Dismax Media Ltd – arousetv.vip‘s privacy policy as it appears on the Platform, as modified from time to time.
“Services” refers to your use of the Platform as well as the services and features we provide as part of the Platform.
“Dismax Media Ltd” refers to a business registered in England with the company number 15148579 and registered office at 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM, the owners of the website.
“User” refers to a person who uses the Services, and terminology like “Users” should be construed accordingly.
“User Content” refers to content contributed, submitted, uploaded, published, or otherwise made available through the Service by a User. (After pre publishing verification from the arousetv.vip content moderation team.
“Website” refers to the Arouse website, which is hosted at Arouse.com, or any of its sub-domains.
The person using the Platform is referred to as “you” or “your” in this Agreement; Dismax Media is referred to as “us“, “our“, or “we” in this Agreement.
Any words that follow the terms including, include, in particular, or for example, or any similar expression, are illustrative and do not limit the scope of the linked broad words.
We have separated this Agreement into various sections for your convenience:
TERMS OF AGREEMENT
1. ACKNOWLEDGEMENTS – Who we are
[a] The site arousetv.vip is a site owned & operated by Dismax Media Ltd, a limited company formed in England and Wales with the business registration number 15148579. Our registered office is located at 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM.
[b] We have the right to amend these terms at any moment and without notice. Any such modifications will be effective the next time you utilise the Platform. When you next use the Platform, any updated terms may be displayed on-screen, and you may be asked to read and agree them in order to continue using the Platform. 2. You must, however, review this Agreement before each use of the Platform and be informed of any changes. The top of this Agreement specifies the date it was last updated for your convenience.
[c] Unless otherwise specified, the provisions of this Agreement apply to any Services you may be able to access through the Platform, as well as any updates or supplements to the Platform, unless such additions are offered subject to separate terms, in which case such terms shall apply.
[d] We do not guarantee that the Platform or any Content will always be available or will be available without interruption. We reserve the right to suspend, withdraw, or limit the availability of all or any portion of the Platform for business and operational reasons, such as updating the Platform and/or changing the Services to improve performance, enhance functionality, reflect changes to the operating system, or address security issues. You acknowledge that, depending on the update, you may be unable to use the Services until you have accepted the modifications and any new applicable terms. We shall make every effort to provide you with reasonable notice of any suspension or withdrawal. We aim to have no more than 60 minutes of downtime every month.
[e] You are responsible for ensuring that any people who use your internet connection to use the Platform are aware of this Agreement and its conditions, and that they follow them. Failure to do so, and future violations of our conditions, may result in your account, as well as the accounts of any users implicated, being permanently suspended.
[f] It is assumed that you have secured authorization from the owners of any Devices that you control but do not own and that you may use to access or use the Platform. Your and their service providers may charge you and them for internet access on the Devices.
[g] You assume responsibility for using the Platform on any such Device, whether or not you own it, in accordance with the provisions of this Agreement. By agreeing to this Agreement and using our Services, you acknowledge that you have read and comprehended the Arouse Policies. You specifically accept and agree that we shall process your Personal Data on the basis outlined in our Policy on Privacy. When using our Platform, you can review our Privacy Policy and all arousetv.vip Policies at any time.
[h] This Agreement contains the Ancillary Terms, which augment the main body of this Agreement. Unless otherwise specified, each reference to this Agreement includes a reference to the Ancillary Terms. In the event of a conflict between any of the provisions of the main body of this Agreement and the Ancillary Terms, the Ancillary Terms will take precedence.
2. ABOUT AROUSETV.VIP
[a] To accept these terms and use arousetv.vip, you must be at least 18 years old. By using arousetv.vip and agreeing to these conditions, you confirm that you are at least 18 years old and have the legal capacity to enter into a binding deal with us. If you do not meet this requirement, you must not use arousetv.vip with immediate effect.
[b] The site arousetv.vip is an adult creator network that promotes and sells adult content behind an 18+ age verified paywall. We collaborate with third party creators by invitation only. No third party creators/collaborators can upload content directly to the arousetv.vip. website front end. All content is pre verified by our internal administrators to ensure it adheres to 2257 compliancy and to our “Acceptable Use Policy”
[c] After invitation, verification and onboarding, Third Party Creators and Affiliates can earn money by promoting content on our systems via their assigned personal creator interactive profiles. All site users are strictly (over 18 years of age).
[d] The site arousetv.vip may not be compatible with all hardware and operating systems, and this is not guaranteed by us. It is entirely up to you to decide whether arousetv.vip is compatible with your particular device.
[e] All transactions and interactions between Creators and Subscribers are between Users and arousetv.vip is not responsible for any transaction or interaction between Users.
3. YOUR ACCOUNT
You must register and create an Account with us in order to use the Platform, get Services, and become a User. Follow the steps outlined on the Platform to create an Account and give us with all of the required information.
You must not do the following when creating an Account:
[a] Impersonate another person
[b] Make ‘bot’ accounts or other accounts that are controlled by other automated ways
[c] Share your password or grant others access to your Account; or
[d] Transfer or assign your Account to someone else.
You agree to take precautions to keep your Account login, password, and information secure and confidential. You must immediately alert Dismax Media of any breach of security or unauthorised use of your Account by emailing us at support@arousetv.vip
You agree to be fully liable for all activity occurring under your Account. As a result, after you have completed using the Platform, you should log off to prevent others from accessing your Account and utilising your log-on identification / username. This is especially crucial in places where other people may be using the same Device as you, such as internet cafes or libraries. If you do not log out, unless you can prove otherwise, you will be assumed to be the one viewing or posting material
By creating an Account, you agree that you are at least 18 years old, that you are not prohibited from using the Services under domestic/local laws, and that you have not previously been barred from using the Platform and/or its Services.
You can deactivate your arousetv.vip account. You will need to contact us at arousetv.vip Within 10 working days, or from Monday through Friday, 9:00 a.m. to 7:00 p.m. (“Working Days”), we shall delete your account.
4. THIRD PARTY CREATOR CONTENT
[a] If you wish to collaborate with us an invited creator, you will need to go through our verification process and open a “Creator Partner Account”. Completing KYC to be defined as a “Creative User” aka Creator. You must provide us with valid photo ID, bank details, name, address and confirmations as to whether you are VAT registered. In addition, you will also be required to provide a short video verification. (Including 18+ years Age Verification)
[b] As a third party content creator, you will NOT be able to upload content directly to the arousetv.vip site. All content has to be strictly pre moderated to ensure our 2257 compliance and Acceptable Use Policy.
[c] Please ensure that any content sent for moderation complies with our Acceptable Use Policy (Section 6 AUP PART TWO). Should the content violate these standards, it will not be published or it will be removed from the site, with an accompanying email sent to the creator informing which content(s) does not comply. Repeated violation of the AUP will result in account suspension or termination.
[d] Any content you upload to arousetv.vip will be considered non-confidential and non-proprietary. You continue to hold full ownership rights to your work, but you do grant other arousetv.vip users a restricted licence to see it without the ability to download, store, or copy it.
[e] We also reserve the right to reveal your identification to any third party who files a claim that whatever you posted or uploaded to arousetv.vip infringes on their legal rights to privacy or intellectual property.
[f] If the content you ask us to publish on arousetv.vip includes third-party property or images or persons, you must secure all rights, licences, consents and releases that are necessary for you to submit/use the specific such third-party property.
[g] Any third-parties featuring in your images/content are verified as being 18 years old or over
[h] You hereby allow us, our licensees, successors, and assigns a limited licence to use, store, reproduce, alter, perform, display, distribute, and otherwise make such materials and content known to third parties.
5. CREATOR PAYMENTS / FEES
[a] VAT: If you are a referring creator, you should be aware that all referral payments made to you by Dismax Media Ltd (Arouse) are VAT-free. (Unless you furnish us with a verified VAT number)
[b] Dismax Media Ltd (Arouse) bears the expense of the Arouse Referral Programme, not the referred creator.
[c] Any refunds or chargebacks against the referred creator’s initial transaction will result in the referring creator’s referral commission being immediately reversed and given back to Dismax Media Ltd (Arouse).
[d] It is the referring creator’s obligation to ensure that the referred creator correctly implements the referral programme in order for the referring creator to profit from the commission.
[e] Payments from Dismax Media Ltd (arousetv.vip) are issued automatically every 14 days, once you have met the minimum requirements ($50). The cut off time to reach the minimum amount will be 19.00hrs GMT the day before pay out. While we will strive to make any payments within the timeframes specified, you acknowledge that payments within these timeframes are not guaranteed and may be disrupted by external factors beyond our control. Payment dates that land on weekends or national holidays will be paid on the following business day.
[f] If we refund any money to a User or their bank or credit-card provider following a legitimate dispute or claim in regard to a Paid for Service that you provided, we reserve the right to immediately recover any monies already paid to you in relation to the same. You agree that such funds will be a liability to us and that you will pay all amounts.
[g] You agree that Dismax Media may set against any liability you have to us against any liability we have to you at any time, without notice, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under this Agreement. If the liabilities to be written off are expressed in different currencies, we may convert either liability for the purpose of set-off at a market rate of exchange.
[h] You understand and agree that any exercise of our rights under this section will not limit or affect any of our other rights or remedies under this Agreement or otherwise.
[i] Creators receive a commission of 80% for Sales of their own content (post verification) from their Interactive Creator DM Sales or from their respective Arouse TV Stars Creator Pages.
[j] Creators and or Affiliates receive a commission of 60% from sales generates from our community Content ATV Post Feed.
[k] Creators who are take advantage of our internal management programmes will receive a 50% commission on all sales generated globally on the site.
6. ACCEPTABLE USE POLICY
As an invited third party Creator/Collaborator, any content you submit will be pre checked by our moderation team, prior to publication. Please refer to our “acceptable use policy” before submitting content for possible inclusion on arousetv.vip
AUP PART ONE
The site may not be used to:
[a] violate or infringe a local, national, or international law or rule
[b] in any way that is unlawful or fraudulent, or that has any consequence that is unlawful or fraudulent
[c] to harass, insult, intimidate, or otherwise degrade anybody;
[d] to injure or attempt to damage minors in any way
[e] to humiliate, harass, insult, frighten or bully somebody
[f] send, intentionally receive, upload, download, use, or re-use any content that does not adhere to our below-listed content guidelines
[g] to send or arrange for the sending of spam, or any other type of similar solicitation, that is unwelcome, unapproved, or unsolicited
[h] sending or uploading information that is purposefully contaminated with malware, such as spyware, adware, Trojan horses, worms, keystroke loggers, or other potentially malicious software, in order to compromise computer hardware or software
AUP PART TWO
Creators should not upload content for consideration that is:
[a] Defamatory towards anyone including discrimination based on age, ethnicity, sex, religion, nationality, or any other category
[b] frighten, insult, or inflict humiliation
[c] Child sexual abuse. Including the posting, display, or advertising of any image using a model or models under the age of 18 years anywhere on the site. Marketing the site utilizing content including “Kids”, “Lolita”, “Pedo”, “Peta”, “Peto”, Pre-teen”, “Pedophile”, “Underage”, “Child” or any other words, images, or descriptions that would lead someone to believe that the models are less than 18 years of age is not permitted anywhere on venue including the URL and meta tags
[d] The posting or display of any image or wording depicting or related to bestiality anywhere on the site including the URL and Meta tags.
[e] Include any forbidden words (to receive a list, email support@arousetv.vip
[f] Any image or wording depicting or related to extreme violence, incest, snuff, scat or the elimination of any bodily waste on another person, mutilation, or rape anywhere on the site in a sexual or erotic manner, including the URL and meta tags
[g] infringe any other person’s copyright, database right, or trademark
[h] be likely to deceive any person
[i] breach any legal obligation, such as a contractual or confidence obligation, owed to a third party
[j] encourage any unlawful behaviour
[k] be in contempt of court
[l] be intimidating, mistreat someone, breach their privacy, or otherwise bother, inconvenience, or cause unwarranted concern
[m] encourage discrimination based on age, ethnicity, sex, religion, nationality, or any other category
7. PAYMENT FOR SERVICES
Only registered Account holders who are 18 years of age or older who furnish us with accurate payment information (such as credit card/debit card information) will be allowed to access Paid for Services on the Platform.
The gross pricing for any Paid for Service will always be displayed to you before you submit your order or make your purchase in any other way. The listing price does not include VAT and/or other relevant taxes, transaction fees, or add-on costs, which will be added before payment is accepted.
By giving us with credit card/debit card information, you authorise us to charge your credit or debit card using the payment information you give or as otherwise linked to your Account. All credit card/debit card information is input on a secure page and securely processed by one of our PCI DSS compliant Payment Partners. d. If you have the option to pay for a Paid for Service with Credits and choose to do so, you authorise us to accept payment by deducting Credits from your Balance on the basis outlined in the Credit Terms.
If you have the option to pay for a Paid for Service with Credits and choose to do so, you authorise us to accept payment by deducting Credits from your Balance on the basis outlined in the Credit Terms.
For all purchases, you undertake to supply current, complete, and correct payment information. You agree to keep your Account and other information up to date, including your email address, credit card numbers, and expiration dates, so that we can complete your transaction and contact you as needed. You expressly acknowledge that we are not liable for any loss or harm resulting from the provision of incorrect or misleading information.
Unless otherwise specified in writing, we will charge you in advance for the applicable Paid for Services.
You are solely responsible for any overdraft or other fees incurred as a result of your transaction.
Your bill will be in US Dollars (USD). Agreements between you and your bank and/or credit card/debit card issuer will govern any relevant exchange settlements.
If we do not receive payment due from you, either from your bank or from the issuer of your credit card/debit card, you undertake to pay all sums owed on your account upon demand
Without limiting any other right or remedy we may have, if we do not receive prompt payment for all fees, charges, and relevant taxes, or if you fail to make payment for the Paid for Service in any other way:
[a] We may stop part or all of the Services and/or your Account without notice until full payment is received; and/or
[b] We may charge interest on the overdue sum at the rate of 5% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue daily from the due date until the overdue money is paid, whether before or after judgement.
Before you confirm the transaction, you may be offered with additional terms from our Payment Partner or other applicable third parties in regard to a specific payment. Those additional terms will govern that transaction as well, and they may be required to be approved before a transaction can be verified
Fees, charges, and relevant taxes connected to Paid for Services are non-refundable, and chargebacks or similar demands for Paid for Services are not permitted, subject to any discretionary investigations and decisions made by us and any right of withdrawal under applicable legislation.
We retain the right, without notice to you, to immediately terminate, delete, suspend, or restrict your Account if, in our reasonable opinion, you have made an unjustified attempt to get a refund or a chargeback for Paid for Services after your purchase
If you believe you are eligible for a refund, please contact our customer service staff. We make refunds at our discretion.
Depending on your payment method and geographical area, payments on your statement will be debited by DISMAX MEDIA LTD. Please contact the Admin team at support@arousetv.vip if you do not recognise a transaction.
Any questions about Paid for Service, Credits, transactions, or billing on your Account must be addressed within 30 days.
8. LICENCE
We give you a revocable, non-transferable, non-exclusive licence to use the Platform and receive the Services in accordance with the terms of this Agreement, the arousetv.vip Policies, and any other agreements referred to in this Agreement.
9. CONTENTS – DEFINED
You may access Content as a User and Account holder when using the Services. Dismax Media will strive to pre-moderate, verify, or approve the bulk of the Content made available on the Platform. Any opinions or values expressed by Third Party Creators (in their Chat Box) or on the Platform do not represent our opinions or values.
Dismax Media Ltd moderates and controls the media on the ATV Feed and marketing areas of the site. However Dismax Media Ltd is not liable for the content of any User Content uploaded or distributed from their Personal Creator DM Account. Personal Creator DM Accounts are not pre-moderated by Dismax Media, and you view it at your own risk. Dismax Media sole role in relation to User Content (distributed via a Personal Creator Account) is to swiftly examine and, where appropriate, respond to concerns regarding such content provided by Users.
As a result, you understand and accept the risk of being exposed to Content that is potentially illegal, factually incorrect, offensive, obscene, or otherwise objectionable to you via Personal Creator DM Accounts. You also acknowledge and agree that Dismax Media Ltd has no duty to evaluate or validate any Content, within these third party creator channels where communication is direct between the end user and external creative users.
You irrevocably and absolutely waive any legal or equitable rights or remedies you have or may have against Dismax Media in connection with or relating to any such Content or your exposure to or reliance on it.
If you have a complaint about any of the Content provided through the Services, please contact us at support@arousetv.vip
10. END-USER CONTENT
You may contribute User Content as an Account holder subject to the conditions of this Agreement. Dismax Media may suspend this right, or your Account and User Content may be deleted, if we believe you have violated any of these terms.
You accept that, unless otherwise noted, materials shared on the Platform are not private or secret and may be read by other Users. Other Users may be able to identify who has posted each piece of User Content (by username), and any profile details that a User has provided, either publicly or to select Users (for example, to a Creative User when subscribing to their User Content), may be viewed by other Users.
Users should be aware that private communications and User Content sharing between individual Users on the Platform will not be made public and will remain confidential between the interested parties who are communicating with each other and us as the service provider, but each communicating party will be able to identify (by username) who has posted each piece of material and any additional profile details provided.
You acknowledge and agree that you own your User Content and are solely responsible for it. You alone are responsible for protecting and backing up your User Content.
You accept that if you violate any of these terms, you may be held personally accountable for any third-party bodily or psychological injury caused by your User Content.
You maintain all ownership rights in your User Content, but you must grant us and, where applicable, other Platform Users a licence to use, store, and copy such content, as well as distribute and make it available to third parties. As a result, and without limiting your rights to your Personal Data under applicable Data Protection Legislation, you grant Dismax Media a worldwide, perpetual, irrevocable, transferable, royalty-free licence, with the right to sub-licence, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or subsequently developed, without additional notice or approval from you, and without payment to you or any other person or organisation in order to deliver the Services to you.
Please be aware that the licence you grant us in accordance with section 6.6 is essential in order for us to use your User Content to supply and promote both the Platform and the Content included therein, including, for the avoidance of doubt, promotion of your User Content and Creative Users. We will not sell your User Content to other platforms, websites, or content providers, and we will not steal or otherwise claim ownership of your User Content.
You represent and warrant to us that you have all necessary rights, licences, and consents to submit any User Content to us via the Platform. We reserve the right to reveal your identity to any third party who claims that any User Content posted or uploaded by you to our Services violates their Intellectual Property Rights, or their right to privacy or confidentiality, or if we believe you have violated any of these terms in any other way.
Dismax Media Ltd takes intellectual property rights protection extremely seriously and willingly complies with the Digital Millennium Copyright Act (“DMCA”). In addition to section 6.8, we will swiftly remove from the Platform any User Content that is reported to infringe third-party Intellectual Property Rights. Please be aware that any person found to have knowingly made false allegations, material misrepresentations, or false claims in relation to a notification of claimed infringement or in a counter-notification may be liable for damages and may have their Account terminated, deleted, suspended, or restricted at our discretion and where relevant. More information is available in our DMCA Policy and Complaints Policy.
Your User Content must conform with the Community Guidelines, and you warrant that any User Content you give does so, and you agree to be accountable to us and indemnify us for any breach of that assurance.
Dismax Media Ltd reserves the right, but is under no obligation, to review, monitor, or remove your User Content at any time and for any reason, without notice to you. Any content uploaded by Creators (via their Personal Creators Accounts) which is found to be in breach of our Acceptable Use Policy or illegal or harmful will be removed immediately without notice. This includes any live streaming events.
You agree to defend, hold harmless, indemnify, and keep indemnified us, our successors and assigns, our directors, trustees, officers, employees, and agents from and against any and all liabilities, claims, losses, costs, damages, and expenses, including legal fees, that we or our connected parties may suffer or incur as a result of or in connection with your User Content.
11. HYPERLINK TO THE PLATFORM
You may connect to the Platform as long as you do so in the following manner:
[a] That is legal and fair.
[b] You may link to our home page as long as you do so in a way that is ethical and with good intent, does not harm our reputation, and does not unfairly disadvantage us. Also, you may not set up a connection in a way that implies an affiliation, endorsement, or permission from us when there is none.
[c] Some social networking tools that arousetv.vip may offer will allow restricted pieces of material from arousetv.vip to appear or be displayed on your website/social media or the website of specified third parties.
You must not create a link in such a way that it implies any type of affiliation, permission, or association (as an operative of Dismax Media Ltd or arousetv.vip)
You shall not provide a link to the Platform in any website that is not your own.
The Platform cannot be framed on another website.
We have the right to revoke linking permission at any time and without notice.
12. LINKS TO THIRD PARTIES
The Services (including the Content) may contain hyperlinks to websites not owned or managed by Dismax Media and that are not direct competitors of Arouse. You acknowledge and accept that Dismax Media has no control over, and accepts no responsibility for, any third-party websites that you access through the Platform. You click the hyperlinks and enter any third-party websites at your own risk, and your use of such third-party websites is also subject to the terms and conditions of such websites.
You understand and agree that Dismax Media Ltd is not responsible for the availability of any such external sites or resources, and that any advertisements, goods, or other materials on or available from such websites or resources are not endorsed by Dismax Media. We have no control over the contents of those sites or resources.
You acknowledge and agree that Dismax Media Ltd is not liable for any loss or damage you may incur as a result of the availability of those external sites or resources, or as a result of your reliance on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such web sites or resources.
13. INTELLECTUAL PROPERTY
We or our licensors own all Intellectual Property Rights in the Platform and the Services throughout the globe, and the rights in the Platform and the Services are licensed (not sold) to you. Other than the ability to use the Platform and Services in accordance with these conditions, you have no Intellectual Property Rights in or to them.
Except for User Content, you understand and recognise that all Content on the Service is either owned by Dismax Media Ltd or licensed to Dismax Media Ltd by third parties and is subject to Dismax Media’ or Dismax Media’ licensors’ Intellectual Property Rights. Any third-party trade or service marks that appear on such Content are the property of their respective owners. Without the prior written authorization of Dismax Media or, where applicable, Dismax Media’ licensors, such Content may not be downloaded, copied, reproduced, distributed, communicated, broadcast, displayed, sold, licensed, or otherwise used for any other purpose. Dismax Media and its licensors reserve all rights in and to their Content that are not expressly granted.
14. LICENCE LIMITATIONS
Except as clearly stated in this Agreement or as expressly permitted by applicable local legislation, you agree:
[a] not to replicate the Platform or the Services except as a result of routine use of the same;
[b] not to rent, lease, sublicense, loan, provide, or otherwise make available, in whole or in part, the Platform or the Services to any person without our prior written approval;
[c] not to translate, merge, adapt, change, or modify the Platform or the Services in whole or in part, nor to permit the Platform or the Services or any portion of it to be combined with, or become included in, any other programmes, except when using the Platform and Services on Devices as permitted by these terms;
[d] not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the Platform, or attempt to do so, except to the extent that such actions cannot be prohibited under section 296A of the Copyright, Designs, and Patents Act 1988 because they are necessary for achieving inter-operability of the Platform with another software programme, and provided that the information obtained by you during such actions is accurate.
is only used to achieve Platform interoperability with another software programme;
is not revealed or communicated to any third party without our prior written approval;
is kept secure; and
is not utilised to develop software that is significantly comparable to the Platform
not to provide or otherwise make available the Platform in whole or in part (including object and source code) to any third party without Dismax Media’ prior written approval; and
to abide by any and all technology control or export rules and regulations that may apply to the technology utilised or supported by the Platform or Service.
The “Licence Restrictions” refer to the conditions of usage outlined in this section 10.
15. ACCEPTABLE USE LIMITATIONS
Your use of the Platform and Services is conditional on your compliance with our Acceptable Use Policy, which is incorporated into these Terms & Conditions by this reference. The Acceptable Use Policy describes what is and is not authorised on arousetv.vip and is a requirement of your agreement with us. The Acceptable Use Policy specifies a number of restrictions, including:
General Use: sharing accounts, and legitimate use are all examples of general use.
Content Limitations: Policies governing the kind of content that can be uploaded or shown.
Security and Technical Limitations: System security and data integrity are two examples.
Additional Rights and Intellectual Property: Intellectual property must be respected and not infringed upon.
Please see our Acceptable Use Policy for a detailed set of guidelines on acceptable and unacceptable usage.
Failure to follow the terms of the Acceptable Use Policy may result in penalties such as account suspension or termination, as well as withdrawal of access to your profits.
16. WARRANTIES AND EXCLUSIONS
We will exercise reasonable care and competence in providing the Services, including customer service support.
The Platform and Services are provided solely for general information and amusement. They do not give you sound counsel on which you should rely. Before acting or abstaining from acting on the basis of information gained from the Platform or the Service, you must get professional or specialist advice. Although we make reasonable attempts to update the material on the Platform, we make no express or implied representations, warranties, or guarantees that such information is accurate, comprehensive, or up to date.
The Platform and Services have not been designed to fulfil your specific needs. Please ensure that the Platform’s and Services’ features and functions (as specified on the Platform) fit your needs. We are not responsible for any discrepancy between your expectations and the services provided.
You accept that the Services (or any portion of them) will be unavailable during any maintenance performed by Dismax Media Ltd or its designated third parties. Dismax Media Ltd will make reasonable efforts to advise you of any scheduled maintenance periods. As a result, you undertake to back up any Content used in connection with the Platform to protect yourself in the event of difficulties with the Platform or the Service.
We are not liable for any delays, delivery failures, or other loss or damage caused by data transfer over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
We provide no assurances that the Platform is safe or free of defects or viruses. You must configure your Device(s) in order to access the Platform, and you must use your own virus prevention software.
We are not liable for any third-party material that may be linked to or from our Platform.
Except as specifically stated in these terms, no implied terms, warranties, or conditions shall apply to your use of the Platform or Services to the degree permitted by law.
17. LIABILITY LIMITATIONS
Liability in this paragraph 14 refers to any type of liability arising out of or in connection with this Agreement, including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution, or otherwise.
Nothing in this Agreement affects your legal rights or limits or excludes our liability for:
[a] death or bodily damage caused by our carelessness;
[b] fraud or fraudulent misrepresentation; or 3. breach of contract.
[c] any other obligation that, under applicable law, cannot be excluded or restricted.
Dismax Media Ltd shall not be liable for: to the extent permissible by applicable law, Dismax Media Ltd shall not be liable for:
[a] any loss or harm caused by other Users, including any loss resulting from another User’s behaviour or User Content;
[b] any loss or damage caused by Dismax Media Ltd’ breach of this Agreement that was not directly caused by Dismax Media Ltd breach of this Agreement;
[c] any loss or damage caused by you, including without limitation your failure to provide Dismax Media Ltd with accurate Account information and your failure to keep your password or Account details secure and confidential; or
[d] any loss or damage that was not a reasonably foreseeable consequence of Dismax Media Ltd breaching this Agreement at the time this Agreement was formed between you and Dismax Media Ltd.
If you are a Creative User, Dismax Media Ltd will not be liable for any loss of profits, sales, opportunities, or business; loss of agreements or contracts; business interruption; loss of anticipated savings; loss of use or corruption of software, data, or information; loss of or damage to goodwill or reputation; or indirect or consequential losses (whether such losses were foreseeable or not).
18. EVENTS BEYOND OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including, without limitation, third-party strikes, lock-outs, or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war, fire, explosion, storm, flood, or earthquake, subsidence, pandemic, epidemic, or other natural calamity, or breakdown of public or private telecommunications networks (each a “Event Outside Our Control”).
If an Event Outside Our Control occurs that interferes with the execution of our responsibilities under this Agreement, our obligations will be suspended and the period for performance will be extended for the duration of the Event Outside Our Control.
We will take reasonable steps to avoid or reduce delays caused by an Event Outside Our Control.
19. ACCOUNT SUSPENSION AND CANCELLATION
The provisions of this Agreement will take effect when you begin using the Services and will remain in effect until you discontinue using the Services or the Services are no longer available to you.
You may discontinue use of the Services at any time. You can also delete your Account by going into the Platform settings. After termination, you will have 30 days to download your data.
We reserve the right to terminate, delete, suspend, or restrict your Account immediately and without notice to you:
[a] if you violate, or fail to comply with, any of the terms of this Agreement (including the Acceptable Use Restrictions, Licence Restrictions, Community Guidelines, or any relevant Ancillary Terms)
[b] if, in our reasonable opinion, you have made an unjustified attempt to get a refund or a chargeback for Paid for Services after your purchase
[c] if we suspend or discontinue providing the Services to Users generally
[d] in order to meet a legal or regulatory requirement; or
[e] to safeguard our legitimate commercial interests or the public
Any remaining amount or credits in your Account will not be refunded if you cancel your account.
Users whose accounts have been cancelled are not permitted to use the Services through the creation of a new account or any other means.
The following clauses will survive and continue to apply even if this Agreement is terminated for any reason:
Warranties and Disclaimers: The warranty disclaimers and restrictions set forth in Section 13 will remain in effect.
Liability: The limitations on liability described in Section 14 will remain in effect.
Circumstances Beyond Our Control: The provisions in Section 15 governing circumstances beyond our control will remain in effect.
Intellectual Property Rights: Any provisions relating to intellectual property rights protection will remain in effect.
Confidentiality: Any duties regarding confidentiality and the safeguarding of sensitive information will remain in effect.
limits on Acceptable Use: Any limits or duties placed on you under the Acceptable Use Policy will remain in effect.
Legal Rights: Any legal rights or responsibilities that, by definition, should survive the termination of this Agreement will continue to apply, including but not limited to indemnification obligations, payment obligations, and dispute resolution methods.
Data Retention and Deletion: Any provisions relating to data retention or deletion will remain in effect.
This survival clause assures that the termination of this Agreement does not relieve either party of responsibilities that should, by definition, survive termination.
20. COMMUNICATIONS
If you want to learn more about the Platform or the Service, or if you are having trouble using them, we recommend that you first visit our support resources at arousetv.vip
If you believe the Platform or Services are defective or misrepresented, or if you need to contact us for any other reason, please contact our customer care team at support@arousetv.vip
If we need to contact you, we will do so via e-mail using the information you have supplied
21. ADDITIONAL IMPORTANT TERMS
We have the right and obligation to transfer our rights and responsibilities under these terms to another organisation. If this occurs, we will always notify you in writing.
Your Account is unique to you. You may transfer or assign your Account, or your rights or duties under these terms, to another person only if we agree in writing.
This Agreement does not give rise to any rights to enforce any term of this Agreement under the Contracts (Rights of Third Parties) Act 1999.
Each of these phrases’ paragraphs acts independently. If a court or other appropriate authority rules that any of them are unconstitutional, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your responsibilities under this Agreement, or if we fail to pursue our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you or that you are not required to meet those obligations. If we waive a default by you, we will only do so in writing, and we will not automatically waive any subsequent default by you.
You agree that this Agreement, as well as any disagreement or claim (including non-contractual disputes or claims) that may arise between you and us, will be governed by English law, and that all disputes relating to this Agreement will be filed entirely in English courts.
If a User has an Account with Dismax Media and lives in the European Union, the laws of that member state will apply to any claim, and a competent court in that member state will have jurisdiction over the claim.
Last Updated: 19th October, 2023