CherryDTV Terms and Conditions | CherryDTVCherryDTV

Terms and Conditions


All Cherrydtv VIP member subscription and subscriber users must be a minimum of 18 years of age. By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.

All Cherrydtv VIP member subscription users must be a minimum of 18 years of age. By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.

Contents:
  1. About
  2. How It Works
  3. Account Creation
  4. Subscriptions, Purchases and Payment of Revenue
  5. Being a Content Creator and a Subscriber / Follower
  6. Cherrydtv role
  7. Refunds
  8. Account Deactivation
  9. Intellectual Property Rights
  10. License
  11. Acceptable Use
  12. User Content
  13. DMCA
  14. Linking to the Website and Social Media Features
  15. Links from the Website
  16. Disclaimer of Warranties; Limitations of Liability
  17. User indemnification
  18. Governing Law and Dispute Resolution
  19. Waiver and Severability
  20. Entire Agreement
  21. Contact
  22. U.S.C. Section 2257 Compliance Notice
Defined Terms
  • Cherrydtv, Mimmynvovo or ‘We’ shall mean the website       https://cherrydtv.com
  • Users are individuals or businesses who register or subscribe with a username, password and email on this site Cherrydtv to use the website. 
  • Creators are Users who post content such as photos, videos, and audio on their account for other paying Users called Subscribers who are able to view the Creators’ posts.
  • Subscribers are users who pay a monthly subscription to access the creators website to view all the content they post. Subscribers are also referred to as Followers
  • You refers to an individual or business User
  • Terms is defined as the Terms of Use noted in this document.
  • Content shall mean any and all media and files uploaded by the Creators.
1. About

1.1 Subscribing to Cherrydtv allows Subscribers to access hidden content posted by the Creators.  Subscriptions are paid on a monthly basis and allows users to view (and listen to) Creators content (photo, video and sound) and direct message with Creators.

Cherrydtv provides a carriage service and payment platform that enables the Creator and subscribers to engage with each other. The Creator retains the full copyright ownership of all content posted on Cherrydtv. Subscribers pay to view only and have no rights to the Posted items..

Mimmynvovo is not responsible for the quality, timing or legality of content.

Cherrydtv is operated by Mimmynvovo, with registered Australian Business Number (ABN): 60622052420 located in Warners Bay, Australia.

1.2 These Terms, together with Cherrydtv Privacy Policy, and any other policies referred to on Cherrydtv govern the use of Cherrydtv, including any content, functionality, and services offered on or through the Website.

By registering as a User with Cherrydtv, You hereby accept and agree to be bound by and abide by these Terms. You acknowledge that you have read and understood these Terms. If you do not want to agree to these Terms, you must not access, or use Cherrydtv.

1.3 Users must be 18 years of age or older to access and use Cherrydtv.

By using Cherrydtv, you represent and warrant that you are legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Cherrydtv. 

Please note we may ask for official government issued identification from you to verify your account further if we suspect fraud, wrongdoing or that you are not 18 years or older.

1.4 Mimmynvovo reserves the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately and apply to all subsequent access to and use of Cherrydtv.

By continuing to use Cherrydtv after any changes to the Terms, you agree to these Terms as modified. You are expected to check these Terms from time to time so that you are aware of any changes, as they are binding on you.

1.5 By using Cherrydtv you consent to receiving communications from us electronically, including emails and messages posted to your Cherrydtv account,

You acknowledge and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw our consent to receiving communications from us at any time, please email support@cherrydtv.com, notifying us of your withdrawal of consent.

1.6 From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.

2. How It Works

2.1 Cherrydtv is a social media platform that lets you create a User profile, which in turn allows you to:

  • 2.1.1 Subscribe to this Creator to view their otherwise restricted photos and videos.
3. Account Registration

3.1 To register and create an account on Cherrydtv, you must provide a valid email address, a username, and a password. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

3.2 You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy at https://cherrydtv.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

3.3 If you are looking to subscribe to our Creators you will need to add a payment card. When adding a payment card, your card information is relayed via a secure SSL encryption to the card.  Cherrydtv does not store credit card information on its platform.

However, as far as legally possible, Cherrydtv reserves the right to change the payment processors it uses at any time and without notice to you.

3.4 By registering on Cherrydtv you confirm that:

  • 3.4.1 all account registration, profile information and content you provide is your own information and the content is truthful and accurate;
  • 3.4.2 if you previously had an account with Cherrydtv, your old account was not terminated or suspended by Cherrydtv for violation of these Terms;
  • 3.4.3 you register on Cherryd for your own personal or business use and you will not sell, rent or transfer your account to any third party; and
  • 3.4.4 Cherrydtv reserves the right, at any time, to verify the information which you provide to us as well as your compliance with these Terms and to suspend your account if it is unable to do so to its reasonable satisfaction.

3.5 You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify us at support@cherrydtv.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.

3.6 We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

5. Being a Subscriber / Follower and purchases

Subscribers pay money on a monthly subscription basis to creators via Cherrydtv platform to view for creating content including credit card fees determined by the provider. You will be charged per month on the same date of each month you made your first subscription payment. For access to additional pay per view content, you will be charged at the time of confirming payment and access to that content. Mimmynvovo is not responsible for the quality, timing or legality of content or rewards.

Depending on your location, some banks may charge you a 3% foreign transaction fee for your payments including subscription payments, tips and Pay Per View messages. Cherrydtv does not control this charge. Please contact your bank for information.

If you are located in the EU, then VAT is added to the total charge. This is shown when you set up the initial pledge amount.

We may grant refunds at our sole discretion in exceptional circumstances.

In certain situations you may lose access to a content creator’s content, including pay per view content and rewards. These include when you cancel your subscription, your payment method fails, the creator blocks you, mutes you, or the creator deletes or deactivates their account.

We have no control over the quality, timing or legality of content. We do not grant refunds for failure to deliver content within your preferred time frame.

5.1 Influencer/ Model Submitions
By agreeing to the terms and conditions when submitting your Influencer/Model application to be featured on Cherrydtv you are allowing Mimmynvovo to use and feature all submitted photos/videos and or information that is subject to relating to you and your social media sites.
Should you wish to remove any submitted content please contact support@cherrydtv.com.

6. Mimmynvovo Role

While Mimmynvovo supports content creation, we do not legally endorse any content on our site. If content is reported we may remove it, but we do not take that action lightly.

We only provide a platform for creators and their followers to interact.

Removing content or terminating accounts is not an action we take lightly and we may take a while to investigate or open the issue up to further discussion with the community.

We are constantly testing out new features with the goal of making Cherrydtv better. We may add or remove features, and often test features with a random subset of our users. If we believe a feature is significantly different from these terms, then we explain those differences in the test.

7. Refunds

7.1 All purchases made on cherrydtv.com are final and non-refundable. You are entitled to cancel any subscription, for any reason and at any time, thereby ensuring that you will not be billed again for that subscription. Any one-off payments such as tips, pay per view posts, pay per view messages are also non-refundable.

7.2 However, any purchase made on Cherrydtv and subsequently subject to a chargeback will result in the User’s account being immediately and permanently excluded from Cherrydtv.

7.3 No refunds will be provided for fraud, stolen cards, unauthorised payments or any related issue. Please speak to your bank as they are the relevant body to look after such matters.

7.4 No refunds will be provided to subscribers if the creator they are subscribed to deletes their account or has their site removed. The risk to choose to subscribe to a creator is on the subscriber. 

8. Account Deactivation
Subscriber-only account

Should you wish to deactivate your Cherrydtv account, please contact Cherrdytv customer support at support@cherrydtv.com to submit your deactivation request. We will deactivate your account within 10 working days after receiving your request.

9. Intellectual Property Rights

9.1 Creators Content – Mimmynvovo keeps complete ownership of all content, but give permission to Cherrydtv to host the content on our servers, which are hosted in America, so that subscribers can view the content.

Subscribers may not download, save or use content posted by the Creators in any way.

9.2 Cherrydtv Content – Content we create is protected by copyright, trademark and trade secret laws. Some examples of our content are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote Cherrydtv.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our content unless we give you permission in writing. Please ask if you have any questions

9.3  Other than user content, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Mimmynvovo, and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

9.4 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

  • 9.2.1 your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • 9.2.2 you may store files that are automatically cached by your Web browser for display enhancement purposes; and
  • 9.2.3 you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
10. License

10.1 Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to Users a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use Cherrydtv for lawful use.

Users acknowledge and agree that the foregoing license may be revoked and terminated by Cherrydtv at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Cherrydtv other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by Mimmynvovo.

10.2 We do not warrant that Cherrydtv is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Cherrydtv is compatible with your device. From time to time we may make updates to Cherrydtv.

11. Acceptable Use

11.1 We require that all users respect and comply with these Terms below, at all times, when using Cherrydtv or face immediate termination of your account and permanent banning.

11.2 You may not:

  • 11.2.1 use Cherrydtv other than for your own lawful and personal use in accordance with these Terms;
  • 11.2.2 impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
  • 11.2.3 falsify account registration information, or make unauthorized use of another’s information or content;
  • 11.2.4 use Cherrydtv in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
  • 11.2.5 copy, reproduce, distribute, modify, or create derivative works from, any portion of Cherrydtv without our express written permission;
  • 11.2.6 use Cherrydtv for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • 11.2.7 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
  • 11.2.8 engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or the Users of the Website or expose them to liability;
  • 11.2.9 create, upload, post, display, publish or distribute user content that:

(a) is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way incites violence or any of the aforementioned prohibitions;

(b) violates another’s copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);

(c) promotes or advertises escort or prostitution services;

(d) promotes or advertises firearms or other weapons, tobacco, drugs, or drug paraphernalia;

(e) promotes any illegal activity, or advocates, promotes, or assists any unlawful act;

(f) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;

(g) involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;

(h) gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case;

  • 11.2.10 remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own;
  • 11.2.11 use Cherrydtv in any manner that could disable, overburden, damage, or impair the service;
  • 11.2.12 decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Cherrydtv
  • 11.2.13 interfere in any way with the operation of Cherrydtv or any server, network or system associated with Mimmynvovo, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user’s account that you are not expressly authorized to access;
  • 11.2.14 use Cherrydtv for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app’s availability, performance or functionality, or for any other competitive purposes;
  • 11.2.15 use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access Cherrydtv or any server, network or system associated with Mimmynvovo, or to extract, collect, harvest or gather content or information from Cherrydtv; or
  • 11.2.16 make any other use of Cherrydtv that violates these Terms or any applicable law.

11.3 Any content posted that is reported by another User or Cherrydtv, and that is deemed unacceptable by Mimmynvovo, will be deleted and the User notified. Users who repeatedly violate our Acceptable Use policy may be deactivated permanently. If we become aware that a Cherrydtv User is underage, we will promptly deactivate that user’s account and delete all information and content of that user from Cherrydtv. Mimmynvovo will make best efforts to recover monies from the deleted Creator to return to Subscribers, less transaction costs, but makes no guarantees that this will be achieved.. If you are a parent or legal guardian and become aware that your minor-child has registered on Cherrydtv, please immediately notify us at support@cherrydtv.com.

11.4 By registering an account with Cherrydtv, you represent and warrant that:

  • 10.4.1 you are at least 18 years of age;
  • 10.4.2 you will fully comply with these Terms;
  • 10.4.3 you accept full responsibility for the use of Cherrydtv on any device, whether or not it is owned by you;
  • 10.4.4 you accept full responsibility for any User Content created or provided by you; and
  • 10.4.5 your use of Cherrydtv will not violate these Terms or any applicable law.

11.5 Users using Cherrydtv on behalf of a business or other entity, warrant that they are authorised to grant all the licences stipulated in these Terms and that they are authorised to bind the business or other entity to these Terms.

11.6 Payment Provider Requirements

Without payment providers such as E-way and our selected choice of bank, there can be no Cherrydtv.

Cherrydtv facilitates payments using PayPal and E-way. As a result, Mimmynvovo must adhere to the guidelines and terms of use imposed by PayPal and Stripe, and will take action to remove content and restrict Cherrydtv members from using the platform should they violate these terms. For the avoidance of doubt, Cherrydtv Creators must not use Cherrydtv in any way which conflicts with PayPal’s acceptable use policy or content which conflicts with E-ways terms and conditions.

11.7 Strictly Prohibited Adult Content

Cherrydtv cannot be used as the venue for sexually explicit or pornographic content. While we allow nudity and for creators to push the boundaries of art, we also have guidelines against funding pornography on Cherrydtv. We define pornographic material as real people engaging in sexual acts such as sexual intercourse on camera. This includes, but is not limited to:

  • Pornography, depictions of rape, incest, beastiality and any other adult or obscene content including implied, suggested or censored in any form such as:
    • literature
    • imagery (including illustrative)
    • videos
    • links to or from external sites or content containing such material
  • Sexual services such as prostitution, escorts, pay-per view.

Profile photos and cover photos are not allowed to display nudity or adult content.

The subjects in all photos or videos must be 18 or older at the time of taking the photo or video.

12. User Content

12.1 By creating and publishing user content on Cherrydtv, Creators authorize their Subscribers to access and view (without downloading or copying) their user content on Cherrydtv for their own lawful and personal use. Creators also represent, warrant and undertake that:

  • 12.1.1 Creators own, have a valid licence to, or otherwise control all rights in and to their User content;
  • 12.1.2 to the extent Creators content includes or utilises any third-party property, Creators have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in their User content; and
  • 12.1.3 User content is non-confidential and will be made available to Subscribers on cherrydtv.com.

12.2 Creators grant cherrydtv.com and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute for the purposes of promotion and not sale.

12.3 Users understand and acknowledge that they are responsible for any user content they submit or contribute, and Users have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

12.4 Users shall indemnify us, our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your user content.

12.5 We are not responsible or liable to any third party for the content or accuracy of any user content posted by you or any other user of the Website.

12.6 Upon signing up to cherrydtv.com, Users also agree to act as custodian of records for the content that they upload to cherrydtv.com.

12.7 Any questions regarding user content can be addressed by emailing support@cherrydtv.com.

13. DMCA

13.1 To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including deleting content, removing or disabling access to the allegedly infringing user content and, if deemed appropriate by Mimmynvovo, terminating the account of the User who published the content.

13.2 To notify us of claimed copyright infringement, please get in touch with Cherrydtv Support by clicking the button in the upper-right hand side of the home page on site

13.3 Under the DMCA, a notification of claimed copyright infringement must include all of the following:

  • 13.3.1 a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 13.3.2 identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • 13.3.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • 13.3.4 information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • 13.3.5 a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • 13.3.6 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

13.4 If we remove or disable access to your Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification in writing with our Designated Agent listed above.

13.5 A DMCA counter-notification must include all of the following:

  • 13.5.1 your physical or electronic signature;
  • 13.5.2 identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • 13.5.3 a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of which you are located and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

13.6 If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate your User Content that was removed or disabled within 30 business days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.

13.7 Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.

14. Linking to the Website and Social Media Features

14.1 Users may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

14.2 The Website may provide certain social media features that enable you to:

  • 14.2.1 link from your own or certain third-party websites to certain content on the Website;
  • 14.2.2 send emails or other communications with certain content, or links to certain content, on the Website;  
  • 14.2.3 cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

14.3 Users may use these Cherrydtv features solely as they are provided by us, solely with respect to the content they are displayed with. However, you must not:

  • 14.3.1 establish a link from any website that is not owned by you;
  • 14.3.2 cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
  • 14.3.3 link to any part of the Website other than the homepage; or
  • 14.3.4 otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

14.4 Users agree to cooperate with us in causing any unauthorised framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

14.5 We may disable all or any social media features and any links at any time without notice in our discretion.

15. Links from the Website

15.1 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.  

16. Disclaimer of Warranties; Limitations of Liability

If a User loses money as a result of using Cherrydtv, any payment to the User is limited to how much they have paid us, and we don’t have to pay users if the loss is unexpected.

To the extent permitted by law, we are not liable to Users for any incidental, consequential or punitive damages arising out of these terms, or a User’s use or attempted use of Cherrydtv. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through a User’s use of Cherrydtv. We are specifically not liable for loss associated with failure to deliver rewards and from losses caused by conflicting contractual agreements.

For this clause “we” and “our” is defined to include our affiliates, officers, directors, employees, agents and third party service providers.

By using Cherrydtv, Users acknowledge and agree as follows:

  • 16.1.1 Cherrydtv and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to Cherrydtv and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness, completeness or reliability of Cherrydtv, or the results of a User’s use of Cherrydtv. We disclaim all liability and responsibility arising from any reliance placed on such materials by Users or any other visitor to the Website, or by anyone who may be informed of any of its contents. We also do not warrant or guarantee that Cherrydtv and all of its services and features will be available at any particular time or location; that Cherrydtv and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that Cherrydtv and all of its services and features will be free of viruses and other harmful components. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect a User’s computer equipment, computer programs, data, or other proprietary material due to the User’s use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. A User’s use of Cherrydtv and its services and features will be solely and entirely at the User’s own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
  • 16.1.2 Mimmynvovo does not warrant or guarantee that use of the Website will be uninterrupted or error free twenty-four hours a day, seven days a week, since Cherrydtv may need to carry our maintenance of the Website from time to time. However, Mimmynvovo will use its reasonable endeavours to carry out any such maintenance of the Website outside of business hours (including between 09:00 and 17:00 (Australian Eastern Standard Time) and will endeavour to give reasonable notice where possible, however this may not always be possible;
  • 16.1.3 in no event shall Mimmynvovo be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to a User’s use of (or your inability to use) Cherrydtvor any of its services or features, nor shall Mimmynvovo be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact us at support@cherrydtv.com as we are happy to help prevent continuance of such distribution where we are reasonably able to do so; and
  • 16.1.4 in no event shall our total and aggregate liability to a User and/or others for any and all claims arising out of or related to a User’s use of (or a User’s inability to use) Cherrydtv or any of its services or features, exceed one hundred Australian Dollars ($100.00). This does not affect any liability that cannot be excluded or limited under applicable law.

16.2 Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to all Users. In such case, our total and aggregate liability to a User arising out of or related to a User’s use of (or a User’s inability to use)Cherrydtv or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred Australian Dollars ($100.00).

17 User indemnification

17.1 By using Cherrydtv, all Users agree to indemnify and hold harmless us and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising out of or related to any of the following:

  • 17.1.1 a User’s use of Cherrydtv or any of its services or features;
  • 17.1.2 any User Content created, published, or otherwise made available on Cherrydtv by you;
  • 17.1.3 any transaction or interaction between you and any other User of Cherrydtv; and/or
  • 17.1.4 a User’s violation of these terms or any applicable law.

Users will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to a User’s use of Cherrydtv. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then the User will help us in our defense.

A User’s obligation to indemnify under this clause also applies to our affiliates, officers, directors, employees, agents and third party service providers.

18. Governing Law and Dispute Resolution

18.1 All Users and Mimmynvovo agree that these Terms shall be governed by and construed in accordance with the laws of Australia (without regard to the conflict of laws provisions thereof) and that any dispute between a User and Mimmynvovo concerning Cherrydtv or arising out of or related to these Terms shall be resolved exclusively in the courts of Australia.

18.2 Except where prohibited by applicable law, any claim or cause of action by you concerning Cherrydtv or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

19. Waiver and Severability

19.1 No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

20. Entire Agreement

20.1 The Terms constitute the sole and entire agreement between all Users and Mimmynvovo regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.  If any provision of these terms is held to be unenforceable, that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

21. Contact

If you have any questions, comments, complaints or concerns about Cherrydtv, please email us at support@cherrydtv.com

22. U.S.C. Section 2257 Compliance Notice

All persons that appear in any visual portrayal of actual sexually explicit conduct appearing or otherwise contained within Cherrydtv.com were over the age of eighteen (18) years at the time the visual image was created.

Questions or comments regarding this Exemption Statement should be addressed to: support@privaposts.com