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Terms of Use

Deviance is a mobile app/website that allows users to easily connect with others, for example, for dating purposes. These terms of use apply between you as a user of Deviance and

DVNC GmbH
Zeppelinstraße 2
82178 Puchheim

E-Mail: [email protected]

DVNC GmbH is hereinafter referred to as “we” or “us”.

Complaint Policy / Reporting of Violations

Users can report violations of these Terms of Use or other illegal content on Deviance.

Processing Period:
All incoming complaints will be reviewed and processed by us within seven (7) business days.

The platform reserves the right, after reviewing the complaint, to take appropriate action, including, but not limited to:

  • Removal or blocking of content,
  • Temporary or permanent suspension of user accounts,
  • Forwarding of relevant information to competent authorities.

 

1. Validity of the terms of use

The terms of use govern the relationship between you and us as the provider of the platform. In order to use the platform, you must register for a user account.

We may have to adapt our terms of use to any further development of the platform. We will only make changes if our terms and conditions are no longer applicable or incomplete. The changes must always take your interests into account and be reasonable for you.

We will inform you of any changes at an early stage (e.g. on the platform or by email) and let you know when the amended terms of use will take effect. There must be at least 30 days between the notification of changes and the effectiveness of the amended Terms of Use (notice period). After the notice period has expired, the amended Terms of Use will apply between you and us if you continue to use Deviance. If you do not wish to accept the amended terms of use, you can delete your user account.

 

2. User account

To register for a user account, you must

  • are a natural person,
  • register the user account for yourself,
  • you have reached the age of 18,
  • you have not been convicted of, charged with or suspected of a sexual offense.

By registering, you confirm that you meet the above requirements and that all information provided is true. The creation of fake profiles or the use of the platform for commercial purposes is prohibited.

You must treat the access data for your user account confidentially and may not pass it on to third parties. If you suspect that third parties may have gained access to your user account, please inform us immediately. You must also change your password to protect your user account.

We are entitled to change or update Deviance. This is done to improve the platform, security and user experience.

3. Interactions with other users

We want to create a positive user experience for everyone on Deviance. Therefore, all users, including you, are committed to respectful behavior. In particular, the following are prohibited

  • Violations of legal regulations, in particular criminal laws,
  • Discrimination, harassment, threats, discrimination or intimidation towards users,
  • Fraud or deception towards other users,
  • violations of personal rights (e.g. by uploading images of a person without permission),
  • unauthorized use of copyrighted material,
  • offering commercial services

We have specified the rules for cooperation in our Community Rules, which are part of these Terms of Use.

Deviance is a place for private contacts. Commercial advertisements and solicitations are prohibited. We reserve the right to block such accounts and take necessary measures.

We reserve the right to delete or block content and/or users who violate the terms of use. However, we do not check user content for legal admissibility in advance or without cause. If we remove content you have shared due to a violation of our Terms of Use or the Community Rules, we will inform you accordingly and explain what options you have so that we can review our decision, unless your violation was significant or repeated.

Anti-Human Trafficking and Prohibition of Exploitation
The use of Deviance to promote, enable, or participate in human trafficking, sex trafficking, exploitation, forced prostitution, or any form of physical or psychological abuse is strictly prohibited.

This includes, but is not limited to:

  • The recruitment, solicitation, or exploitation of individuals.
  • Any form of sexual or commercial exploitation.
  • The dissemination of content that depicts or promotes exploitation or violence.
  • Making contact with the goal of exploiting or harming other individuals.

We reserve the right, upon suspicion or evidence of such activities, to:

  • Immediately delete or suspend user accounts.
  • Instantly remove content.
  • Disclose relevant data to law enforcement agencies.
  • Initiate all legally required steps.

Any attempt to use the platform for these purposes will result in immediate and permanent account suspension and may lead to criminal prosecution.

4. Purchasing a premium membership and verification of identity

If the user opts for premium status, this is a chargeable service. The company uses the following payment service providers to process the entire contract and payment transactions:

Novalnet AG Zahlungsinstitut (ZAG), Gutenbergstraße 7, 85748 Garching bei München

Existing customers before 2025
Payment with Mastercard: CCBill LLC (2353 W. University Dr., Tempe, AZ 85281-7223, USA)
All other payment methods: NetDebit GmbH (Abendener Straße 11, 52385 Nideggen, Germany)

When you take out a Premium Membership, you will be redirected to the website of our subscription provider and the entire subscription will also be booked and managed there.

Revocation or termination of the contract:

If you wish to revoke your contractual declaration, you can send your request in text form to the contact details below within 14 days of booking without giving reasons. Timely dispatch of the revocation is sufficient to comply with the revocation period.

Novalnet AG
You can view your subscription status or cancel your subscription on the following page: https://card.novalnet.de/ 
If you have any questions about payment or debiting, please contact Novalnet AG directly on
Hotline: +49 (0)89 – 9230683-29 (Mon. to Fri. 09:00 to 16:00) – Please have your 17-digit transaction number (TID) ready.

Existing customers before 2025
NetDebit GmbH
Please send your revocation to our payment service provider NetDebit by letter, fax or e-mail:

NetDebit GmbH
Abendener Street 11
52385 Nideggen, Germany

Fax: 02427 / 903 50 – 98

E-mail support: [email protected]

You can find more information about canceling your subscription here: https://www.netdebit-payment.de/go/agb/customeragb

To cancel your subscription, simply log in to NetDebit with your customer number and password or go to “Account” in your profile area and then “Manage Premium subscription”.

All your subscriptions are displayed in the “Bookings” or “Subscriptions only” section of your NetDebit account. You can see which ones are active by the red “X” on the far right. Select the one you want to cancel and confirm the cancellation on the next page. You will receive a confirmation of your cancellation from NetDebit.

CCBill LLC
Please use this link https://support.ccbill.com/
You can find further information on termination at https://ccbill.com/support/how-to-cancel-subscription

Verification of identity
If the user opts for identity verification, this is a chargeable service. The company uses the following company to process this service:

AgeChecker.net
AgeChecker is a service provider for the verification of identities and age.

Agechecker.net
2625 Townsgate RD STE 100
Westlake Village, CA 91361
https://agechecker.net/

When your identity is verified, you will be redirected to the AgeChecker website, which also manages the data.
You can find more information on this in the privacy policy.

5. Rights of use

We grant you a non-personal, non-transferable, non-exclusive, revocable and non-sublicensable license to use the Platform. You may only use Deviance within the scope of these Terms of Use and within the limits of the applicable laws. In particular, you may not use the platform

  • for your own or third-party commercial purposes,
  • develop it further or use it as a basis for other products, decompile or disassemble the program code, unless permitted by law,
  • to reproduce the various production stages by reverse engineering,
    remove or change copyright notices, trademarks, logos, markings of other industrial property rights or other features,
  • make available, download or reproduce in any way other than the way intended by us,
  • in a way that could have a negative impact on these or security (e.g. viruses or other malware),
  • otherwise use the software in a manner and for purposes that violate legal provisions or the rights of third parties, or
  • activate and use functionalities of the software without authorization.

DMCA Takedown Policy and 2257 Statement
Digital Millennium Copyright Act (DMCA) – Notice & Takedown Policy

Deviance respects the rights of copyright holders and responds in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512.
We operate a platform for user-generated content and qualify as a “Service Provider” under the DMCA.

Submitting a Copyright Complaint (DMCA Notice)
If you are a copyright owner or acting as an authorized agent and believe that copyrighted material has been posted on our platform without your permission, please send a formal DMCA Notice to:
[email protected]

DMCA Notices must contain the following legally required elements:

  • Identification of the copyrighted work.
  • URL/Location of the infringing material on our platform.
  • Your contact information.
  • A statement that you have a good faith belief that the use is not authorized.
  • A statement that the information is accurate and that you are authorized to submit the complaint.
  • Your physical or electronic signature.

Removal and Suspension
Upon receipt of a properly formulated DMCA Notice, we will:

  • Remove or disable access to the material in question,
  • Inform the user concerned,
  • Take action in accordance with our “Repeat Infringer Policy” for repeated violations (including account suspension).

Counter-Notice
The affected user may submit a Counter-Notice if they believe the removal was erroneous. We will strictly adhere to the DMCA procedures.

Title 18 U.S.C. §2257 Record-Keeping Compliance Statement
(for User-Generated Content Platform Operators)

Deviance is an online dating and communication platform that facilitates user-created content. We do not produce, publish, or distribute our own visual depictions of sexually explicit content within the meaning of 18 U.S.C. §2257 and §2257A.

We are a hosting service provider for user-generated content.

According to the guidelines of the U.S. Department of Justice (DOJ), 18 U.S.C. §2257 / §2257A apply only to producers of sexually explicit content, not to platforms that merely offer hosting or transmission.

Nevertheless, we voluntarily commit to the following measures:

  • Prohibition of uploading content that could be classified as sexually suggestive.
  • Prohibition of publishing sexually explicit content involving minors and immediate suspension of corresponding accounts.
  • Immediate cooperation with law enforcement agencies if relevant reports are received.
  • Requiring users who upload content to be responsible for complying with all regulations under 18 U.S.C. §2257 themselves.

An official “Custodian of Records” is not required, as we do not create our own productions.

6. Liability

Claims for damages are excluded. Excluded from this are claims arising from injury to life, body or health, from guarantees or under the Product Liability Act as well as liability for other damages based on an intentional or grossly negligent breach of duty. Furthermore, liability for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely remains unaffected. In the event of a slightly negligent breach of these contractual obligations, we shall only be liable for the foreseeable damage typical of the contract.

The aforementioned liability regulation also applies to our legal representatives and vicarious agents.

7. Data protection

We protect your personal data and comply with the legal requirements, in particular the General Data Protection Regulation. You can find information on the processing of personal data in our privacy policy.

Please bear in mind that sensitive data such as photos in which you appear could be misused by third parties. Therefore, be careful who you share such data with. For your own protection, you must not send financial data such as account information or credit card details via Deviance.

8. Final provisions

The law of the Federal Republic of Germany shall apply. Mandatory provisions of the country in which you usually reside remain unaffected by the above choice of law.

Should provisions in these Terms of Use be invalid, the statutory provisions shall apply in their place.