Terms and Conditions / User Agreement
DATED 2025-04-02 · VERSION 20250402_rev01 · COMPARED WITH 20250301_rev01 · ARCHIVE SNAPSHOT
Full text changes — 20250301_rev01 to 20250402_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 1 | Effective Date: March 01, 2025 | |
| 1 | Effective Date: April 02, 2025 | |
| 2 | 2 | |
| 3 | 3 | Last Modified: December 20, 2024 |
| 4 | 4 | |
| 5 | 5 | Sites Covered: [https://xhamster1.desi/](https://xhamster1.desi/) |
| 6 | 6 | |
| 7 | 7 | ## Introduction |
| 91 | 91 | 2.2.10. We are committed to transparency regarding our recommendation system, as mandated under article 27 of the Digital Services Act (the "DSA"). To learn more about the main parameters used as well as any options for you to influence those main parameters of our recommendation system, please visit our [EU DSA](https://xhamster1.desi/info/eu-digital-services-act) page. |
| 92 | 92 | |
| 93 | 93 | 2.2.11. A verified Member has the right to participate in Our Referral Program, as it is described in Appendix 1 to this Agreement. |
| 94 | 94 | |
| 95 | 95 | **2.3. Deactivation or termination of Your Membership or User Account.** |
| 96 | 96 | |
| 97 | 2.3.1. You have the option to cancel Your membership at any time through your [profile settings](https://xhamster1.desi/my/edit/profile). Then click on "Disable account", enter Your password and then click the "Deactivate account" option. This Agreement's provisions shall survive any deactivation or termination, unless otherwise stated. Upon Our processing of Your request, You will no longer have access to the non-public areas of the Site to which You were a Member. It is hereby emphasized that the purpose of the "Deactivation" option is to allow You to close Your account and make it publicly unavailable and it is not to delete any or all of Your Content and account permanently. After a deactivation, Your account may only be restored if You had provided Us with an e-mail address and only in cases where such e-mail address has been verified. After six (6) months, deactivated User accounts without any uploaded content that have not been reactivated, may be permanently deleted at the sole discretion of the Company. | |
| 97 | 2.3.1. You have the option to cancel Your membership at any time through your [profile settings](https://xhamster1.desi/my/edit/profile). Then click on "Disable account", enter Your password and then click the "Deactivate account" option. This Agreement's provisions shall survive any deactivation or termination, unless otherwise stated. Upon Our processing of Your request, You will no longer have access to the non-public areas of the Site to which You were a Member. It is hereby emphasized that the purpose of the "Deactivation" option is to allow You to close Your account and make it publicly unavailable and it is not to delete any or all of Your Content and account permanently. After a deactivation, Your account may only be restored if You had provided Us with an e-mail address and only in cases where such e-mail address has been verified. After one (1) year, deactivated User accounts without any uploaded content that have not been reactivated, may be permanently deleted at the sole discretion of the Company. | |
| 98 | 98 | In accordance with Our [Privacy Policy](https://xhamster1.desi/info/privacy), You also have the right to delete Your account and all information that We store about You permanently. The possibility to delete your account may be available to you in your profile settings (click on "edit profile" and then select the "Disable account" option). Alternatively, You may use Our [Contact us / Single point of contact](https://xhamster1.desi/info/contact). |
| 99 | 99 | |
| 100 | 100 | 2.3.2. Without limiting other remedies, We may temporarily or indefinitely suspend, or terminate Your access and use of the Site and Services at any time, with or without advance notice, if: |
| 101 | 101 | |
| 102 | 102 | 2.3.2.1. We believe, in Our sole discretion, that You have breached any material term of this Agreement or the document(s) it incorporates by reference; |
| 103 | 103 | |
| 118 | 118 | 2.3.7. If You provide any information that is untrue, inaccurate, not current or incomplete, or if We or any of Our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Site and Services by You, as well as subjecting You to criminal and civil liability. If applicable, You are responsible for any credit card charge-backs, dishonored checks and any related fees that Site incurs with respect to Your account. If You fail to reimburse Us for any credit card charge-backs, dishonored checks, or related fees within thirty (30) days of Our initial demand for reimbursement, You agree that You will pay Us one hundred euros (100.00 EUR) in additional liquidated damages as well as any costs incurred by Us for each fee incurred. |
| 119 | 119 | |
| 120 | 120 | 2.3.8. The Site and its affiliates disclaim any and all liability arising from fraudulent entry and use of the Site. If a User fraudulently obtains access, the Site may terminate membership immediately and take all necessary and appropriate actions under applicable national and international laws. |
| 121 | 121 | |
| 122 | 122 | **2.3.9. Account Deletion Due to Inactivity** |
| 123 | 123 | |
| 124 | 2.3.9.1. We reserve the right to delete Your account and all associated data if Your account remains inactive for a period of one (1) year, You have not provided a verified email address and Your account does not have uploaded content (as defined by Us in our sole discretion). | |
| 124 | 2.3.9.1. We reserve the right to delete Your account and all associated data if Your account remains inactive for a period of two (2) years, You have not provided a verified email address and Your account does not have uploaded content (as defined by Us in our sole discretion). | |
| 125 | 125 | |
| 126 | 126 | 2.3.9.2. Prior to deletion, We will attempt to notify You using possible means of communication, if any. If You fail to log into Your account or provide a verified email address or engage in any other activity on Your account (as defined by Us in our sole discretion), Your account may be permanently deleted. |
| 127 | 127 | |
| 128 | 128 | **2.3.10. Liability for Breaches** |
| 129 | 129 | |
| 130 | 130 | 2.3.10.1. In the event of any breach by You of the Terms or any violation of any law or regulation, or any other event that the Company may deem necessary, including, without limitation, failure to meet Our requirements and/or lack of verification, the Company may take one (or more) of the following actions at its sole discretion and without liability to You, with or without prior notice: |