Use carefully so that you know what your rights and obligations are when using the
between PlanetRomeo and you for the use of the Service. If you make any use of the
for download and
The terms, indicated with a capital, whether single or plural, will have the meaning
Article 1 Scope
notified of any amendments by email and/or private message and/or upon logging in
and downloading at the Website. If the User continues to use the Service after
longer use the Service and to terminate his Account.
force and effect. In such a case, PlanetRomeo will replace the void or unenforceable
provisions with new ones. In doing so, the purpose and meaning of the void or
unenforceable provisions will be taken into account as far as possible.
other languages. In case of a dispute, the English version shall have precedence.
In the event of a dispute between the Parties concerning the explanation of a
legal term, the Dutch explanation of this term will prevail.
Article 2 Use of the Service
PlanetRomeo hereby grants the User a non-exclusive, non-transferable, limited
right to access and use the Service solely for personal and non-commercial
purposes, notwithstanding the exceptions mentioned in articles
3.5, 3.6 and
The User acknowledges and agrees that PlanetRomeo does not pre-screen User
Content posted or transmitted by means of the Service and that PlanetRomeo has
no influence over the User Content provided by means of the Service.
PlanetRomeo is not liable and/or responsible for the User Content provided by
means of the Service and/or any use made of the Service by Users.
PlanetRomeo shall have the right (but not the obligation), at its sole discretion,
to review, edit, limit or refuse User Content posted or transmitted by means of
the Service and/or to limit and/or refuse a User access and/or use of the Service,
more specifically in the event that the User has been banned from the Service
earlier. PlanetRomeo will furthermore have the right to remove any User Content
to be otherwise objectionable. PlanetRomeo may disclose your Personal Data and/or
User Content to third parties where it believes, in good faith, that it is necessary
to comply with a court order, ongoing judicial proceeding, criminal or civil subpoena,
or other legal process or request by law enforcement authorities in the Netherlands,
or to exercise its legal rights of defense against legal claims.
include software such as viruses or Trojans that can damage or erase
computers or data of PlanetRomeo, Users or third parties or make it
unavailable or inaccessible;
bypass technical security measures of the computer systems of PlanetRomeo
or third parties;
involve unreasonable or disproportionate use of the infrastructure of the
computer systems of PlanetRomeo or third parties or impede the functionality
or functionalities of the Service;
involve manual or automated software, devices, or other processes to
"trawl", "spider" or scrape any content of the Service;
constitute unauthorized or unsolicited advertising, junk, spam,
bulk e-mail, scam and/or phishing;
infringe any third party’s Intellectual Property Rights, privacy rights
or any other rights;
involve (virtual) child pornography or bestiality;
harm minors in any way, including but not limited to establishing
promote or provide instructions or information about how to engage in illegal
conduct, commit illegal activities or promote physical harm or injury;
involve any illegal activities or activities that are contrary to morality
or public order;
involve false or misleading information;
involve unlawful use such as harassment or stalking of other Users; and/or
involve otherwise inappropriate use;
be unlawful in any way whatsoever;
The use of the Service is at the User’s own expense and risk. The User is
responsible for meeting the technical and functional requirements and using the
electronic communication facilities that are necessary to be able to access and
use the Service. The risk of loss, theft or damage to any of its data will at
all times be borne by the User.
The Service may contain information that is derived from and/or may refer to
third parties' websites or services (for instance via hyperlinks, banners or
buttons), such as the PlanetRomeo health support. Third party terms or conditions
may apply to these websites or services. PlanetRomeo has no control over the
information and content of these third parties’ websites and services. PlanetRomeo
does not accept any responsibility and/or liability for this information and
content of these third parties’ websites and services.
Article 3 Account
In order to be able to use the Service optimally, the User has to create an Account
in the way as described on the Website and/or App. By means of the Account, the
User can amend, update and/or delete his Profile. The User is responsible for
keeping his Credentials confidential. The User is responsible and liable for all
use made of the Service by means of his Account. As soon as the User knows or has
reason to assume that his Account has come into the hands of unauthorized persons,
the User should inform PlanetRomeo of this, notwithstanding his own obligations
to take immediate effective measures himself, such as changing the password of
The User must be at least eighteen (18) years old in order to make use of the
at least eighteen (18) years old and that he is allowed to create an Account and
to use the Service.
PlanetRomeo accepts no liability for any damages resulting from unauthorized
access to or use of the Service by the User or third parties.
The User may register his own user Account, as described on the Website. The User
may only register a user Account if he is a natural person and only on his own behalf.
The User may – as an exception to the non-commercial license of
article 2.1 – register his own club Account, as
described on the Website. The User may only register a club Account if he is a
natural person and only on his own behalf. The User who has registered a club
Account may limit the access to his club Account by club policies. This club
club policies and is not liable and/or responsible for these policies. The User
who has registered the club Account may transfer his rights regarding his club
The User may register a guide Account, as described on the Website. The User may
only register a guide Account – as an exception to the non-commercial license of
article 2.1 – if he is an authorized representative
of the establishment, institution, company or organization. Guide entry
communications may be managed by the User who has registered the guide Account.
The User who has registered the guide Account may transfer his rights to his guide
The User may register an escort Account, as described on the Website. The User
may only register an escort Account if he is an adult natural person and only on
his own behalf and for the sole purpose of – as an exception to the non-commercial
right of article 2.1 – advertising escort services he
provides. The User who registers an escort account guarantees that he is legally
allowed to provide escort services by means of the Service.
PlanetRomeo may, at its sole discretion, request a User to provide additional
information to verify Personal Data and/or User Content that the User has
posted on his Account and/or the Service. Based on this additional information,
PlanetRomeo may decide to edit or delete Personal Data and/or User Content and/or
to suspend or delete the Account and the User’s use of the Service.
Article 4 Additional Services
The offer of Additional Services may contain a description, pictures, photographs,
and/or other graphical displays. Such a description shall be as accurate as
possible, but shall not be binding for PlanetRomeo.
Prices for Additional Services are quoted in the price list on the Website and/or
the App. Prices are in euros and are inclusive of VAT, import duties and other
government imposed taxes, duties and levies, which shall be the sole
responsibility of the User.
The User has the obligation to inform PlanetRomeo immediately about any inaccuracies
in the offer provided or the payment details described, including the price. The
User cannot hold PlanetRomeo to any offer for Additional Services and/or price if
the User should in all reasonableness have known that this offer and/or the price
are/is an obvious mistake or obvious error in writing.
PlanetRomeo is entitled to adjust its prices at all times.
If the User has made the payment for the Additional Services by means of a credit
card, he is not allowed to reclaim the payment if he has made any (further) use
of the Additional Service. If the User breaches this provision, PlanetRomeo has
the right to charge all reasonable costs incurred by PlanetRomeo to have the User
fulfill his payment obligation, to terminate the Agreement with immediate effect,
to suspend the provision of the Additional Service, to block the User from
accessing and using the Service, and/or to postpone the provision of the
Additional Services until the User has met his complete payment obligations.
The User is not allowed to revoke the Additional Service, as meant in
article 7:46d of the Dutch Distance Selling Act (“Wet Koop op Afstand”), since the
Additional Service is provided by PlanetRomeo immediately after payment by the User.
Amounts paid to PlanetRomeo are not refundable and are not transferable to another Account.
Article 5 Intellectual Property Rights
PlanetRomeo and/or its suppliers reserve all rights not expressly granted to the
retain all rights, title and interest, including the Intellectual Property Rights,
in and to the Service as well as any modifications adaptations or translations
thereof. The User acknowledges and agrees that he does not acquire any rights
therein, express or implied, except for the rights expressly granted under
The User is not permitted to sell, rent out, transfer or grant restrictive rights
to the Service, or to make it available to third parties in any way or for any
purpose. The User will also refrain from granting third parties access – remotely
or otherwise – to the Service or to provide the Service to a third party.
The User retains all Intellectual Property Rights with regard to the
User Content he uploads. PlanetRomeo does not claim any Intellectual
Property Rights that belong to the User. The User grants PlanetRomeo a
royalty-free, unencumbered, world-wide, sub-licensable, non-exclusive
right to use User Content he uploaded solely in connection with the
Service provided by PlanetRomeo by means of the Website and/or App.
The User himself can control which of his User Content including
pictures become publicly visible.
PlanetRomeo is not allowed and will not use any User Content for
marketing purposes outside its Website or App without your prior consent.
PlanetRomeo may use User Content that Users have chosen to make publicly
visible and available only for internal marketing purposes on the
Website or App (like highlighting new profiles on the Start-page or Top
Footprints). The marketing is therefore limited to the Website and App
and only pertains to PlanetRomeo itself. PlanetRomeo will never use
non- public User Content for these limited marketing purposes.
The User Content will not be used for marketing of third parties.
This license granted in article 5.3 a
ends when the User deletes his User Content or his Account
unless he has shared his User Content with other
Users, and these other Users have not deleted it. When the User deletes
User Content, it is deleted in a manner similar to emptying the recycle
bin on a computer. However, the User understands that removed content may
persist in caches and/or backup copies for a reasonable period of time
(but will not be available to others).
PlanetRomeo does not sell, trade or rent Personal Data of the User to
third parties without the User’s prior consent. More information about
the manner in which PlanetRomeo safeguards and processes Personal Data
of its Users can be found in PlanetRomeo’s
The User agrees and acknowledges that the User Content he posts by means of the
Service may be used by other Users. PlanetRomeo cannot guarantee that other Users
legislation. PlanetRomeo is not responsible for the submissions or actions of
other Users and therefore accepts no liability for any actions of other Users
which are otherwise unlawful.
Article 6 Database
The collection of data by means of the Service is to be regarded as a database
within the sense of Directive 96/6/EC on the legal protection of databases and
the Dutch Databases Act (“Databankenwet”). PlanetRomeo and/or its licensors are
the producer(s) of this database and in that capacity has/have the exclusive
right to grant consent for the use of data from this database. The User may only
use data from the database insofar as use is allowed pursuant to these Terms of
Use. The User is not allowed, without the prior written consent of PlanetRomeo
and/or its licensors, to retrieve and re-use a substantial part of the data of
the database and/or retrieve and repeatedly and systematically re-use
non-substantial parts of the data of the database within the sense of the
Directive 96/6/EC and the Dutch Databases Act.
Article 7 Privacy
During the use of the Service, the User provides Personal Data to PlanetRomeo.
These Personal Data will be saved and processed in accordance with the Privacy
Statement (available on the
Website), and the Dutch Personal Data Protection
Act (“Wet bescherming persoonsgegevens”).
Article 8 Report
In order to stop breaches of any third parties’ rights as soon as possible,
PlanetRomeo has developed a procedure for reporting allegedly infringing or
unlawful User Content. Users can send a Report which should contain the
information as stated on the
PlanetRomeo will study the Report. Based on the information in the Report and/or
any other information, PlanetRomeo can, at its sole discretion, decide to take
the measures it deems appropriate, including but not limited to:
issuing a warning to the responsible User;
deactivating the responsible User’s Account;
deleting the responsible User’s Account; and/or
deleting User Content.
PlanetRomeo reserves the right to forward the Report to the User responsible for
the allegedly infringing or unlawful User Content.
PlanetRomeo reserves the right not to meet the requests made in the Report, for
instance if it has reasonable grounds to doubt the accuracy of the Report, the
validity of the evidence provided or if a balancing of interests requires
PlanetRomeo to do so. In this context, PlanetRomeo may require – for instance –
a judicial decision of a competent court in the Netherlands, which judicial
decision demonstrates that the material or the activity is manifestly unlawful.
PlanetRomeo will in no event be a party to a dispute between the User and the
party that submitted the Report, unless PlanetRomeo, at its sole discretion,
By issuing a Report, the User will indemnify and hold PlanetRomeo harmless against
any third-party actions or claims related to the deletion of material or stopping
of activities. The indemnification includes all costs and damages PlanetRomeo may
suffer and has suffered in connection with such action or claim, including – but
not limited to – the costs for legal aid.
PlanetRomeo respects and protects the privacy of Users and/or third parties who
submit Reports. All personal information that it receives with a Report will
always be processed in accordance with article 7.1.
Article 9 Indemnities and interruptions
PlanetRomeo does not warrant that the Service will be error free, complete or
up-to-date at all times.
The User agrees that the Service only provides the functionality and other features
as found in the Service at the time of use ("as is"). PlanetRomeo does not guarantee
that the Service or any part thereof will be accessible at all times and without
any interruptions or failures. Failures in the Service can occur as a result of
failures in the internet or phone connection or as a result of viruses and/or
faults/defects. PlanetRomeo is not liable towards the User for any damage, loss
or costs resulting or arising from the Service being (temporarily) unavailable,
including but not limited to the loss of data or inability to access or use the Service.
PlanetRomeo is entitled to change and/or update the Service and replace the design
and lay-out of any of the functionalities of the Service without any prior notification
and without being obliged to pay any compensation whatsoever to the Users.
PlanetRomeo is entitled to put the Service (temporarily) out of service and/or to
reduce the use of it without any prior notification and without being obliged to
pay any compensation whatsoever to the User, if in the opinion of PlanetRomeo this
is necessary, for instance in connection with the reasonably required maintenance
of the Service or due to force majeure (“overmacht”). Force majeure includes – but
is not limited to – site or building blockades, strikes, riots, civil disruption,
war, terrorist acts, inclement weather, epidemic, specific work interruptions,
delay in transportation, earthquake, fire, storm, flood, or water damage, delay
in or cancellation of the delivery to PlanetRomeo of parts, goods or services
ordered from third parties, or governmental, legal or regulatory restrictions.
PlanetRomeo does not warrant in any way whatsoever that any terms and conditions
applicable to third party software or services – including but not limited to the
terms and conditions of Apple and Google – allow the use of and/or interaction
with the Service.
The User is responsible and liable for all use he makes of the Service, including
but not limited to his use of his Account and/or Profile. The User indemnifies
and holds PlanetRomeo harmless against any and all claims by third parties in
connection with or resulting from the use that the User makes of the Service, a
Article 10 Limitation of liability
PlanetRomeo’s liability for attributably failing (“toerekenbare tekortkoming”) to
perform the Agreement or any other unlawful act (“onrechtmatige daad”) will be
excluded, to the extent allowed by a mandatory or peremptory rule of law.
The User’s only remedy in the event of an attributable failure or unlawful acts of
PlanetRomeo, is to discontinue the use of the Service and/or to delete his Account.
In the event that PlanetRomeo is liable for damages under a mandatory or peremptory
rule of law, the damage will be limited to an amount of EUR 100.-- per event (a
series of connected events being considered as one event). In no event will
PlanetRomeo’s total, aggregate liability, exceed EUR 200.-.
PlanetRomeo’s liability for consequential damages (“vermogensschade”, “gevolgschade”)
but not limited to, loss of profit, loss of business, loss of anticipated savings,
or any other similar financial loss or loss of goodwill or reputation, or other
incidental, indirect, punitive or exemplary damages of any kind, independent of
whether the User provides notice to PlanetRomeo of such potential injury, damages
or loss, is excluded.
unlawful act or otherwise shall lapse one (1) year after the occurrence giving
rise to the claim or action.
The limitations mentioned in the preceding paragraphs of this Article 10 shall
not apply if and insofar as the damage or injury is the result of intentional
acts (“opzet”) or omissions or gross negligence (“bewuste roekeloosheid”) by
PlanetRomeo or its managers.
Article 11 Termination and remedies
The User is entitled to terminate the Agreement at any time by discontinuing the
use of the Service and/or by terminating the Account.
In addition to the other remedies available to PlanetRomeo, PlanetRomeo is at all
times, at its sole discretion, without prior written notice or explanation and
without becoming liable to the User, entitled to:
temporarily or permanently terminate the User’s Account and his use of
the Service in the event that PlanetRomeo, at its sole discretion, deems
such termination necessary, including but not limited to a violation as
mentioned in articles 2.4,
3.8 or 8.2;
(temporarily) restrict or suspend the User’s activities in connection
with the Service or to ban a User from the Service;
ban a User from using the Service and prevent banned Users from creating
a new Account and/or delete Accounts created by banned Users;
(partly) edit, delete or refuse any content or services within the Service
as described in articles 2.3 and/or
transfer a club Account and/or guide Account to PlanetRomeo itself and/or
to another User if PlanetRomeo deems this necessary.
All provisions which are meant to survive the termination of the Agreement,
including but not limited to all of the User’s representations, warranties
and indemnification obligations, shall survive such termination.
Article 12 Third parties
PlanetRomeo reserves its right to commission third party service providers and
their authorized agents to perform any of the services under the Agreement
The User is not entitled to transfer his rights and/or obligations under the
Article 13 Contact
Any and all correspondence and communication between the User and PlanetRomeo
may be undertaken in the English language. In case the User does not understand
the English language, he must immediately inform PlanetRomeo of this.
PlanetRomeo can be contacted by means of the contact details available on the
Article 14 Applicable law and competent court
laws of the Netherlands. The applicability of the Vienna Convention on the Sale
of Goods is expressly excluded.
All controversies, disputes or claims arising out of or relating to these Terms
of Use, the Agreement and/or the use of the Service will be exclusively and
finally settled by the competent civil court in the District of Amsterdam, the
Netherlands, unless a mandatory or peremptory rule of (international) law
prescribes another competent court.
Article 15 Definitions
the section created by the User upon registering for the Service, such as a user
account, club account, guide account or escort account, which section is
maintained by him and which section includes the Personal Data that the User
provided during the registration process;
additional, paid services provided by PlanetRomeo as described on the Website and/or App;
the agreement between PlanetRomeo and the User for access to and use of the
Service and/or Additional Services;
the PlanetRomeo app for mobile devices, as described on the Website;
the User’s Profile name and password that are required to access the Account
and use the Service;
Intellectual Property Rights:
all the intellectual property rights including but not limited to rights such as
copyrights, trademark rights, patents, model rights, trade name rights, database
rights and neighboring rights as well as the rights to know-how;
the User and PlanetRomeo;
any data that directly or indirectly relates to a natural person;
the private company with limited liability PlanetRomeo B.V., having its office
in (1013 AA) Amsterdam, the Netherlands, at De Ruijterkade 7;
PlanetRomeo’s privacy statement available on the
the part of the Account which is visible to other Users.
The Profile is part of the Account;
the notice which can be used to report infringing User Content, available on the
all services, including Additional Services, provided by PlanetRomeo
by means of the Website and/or App;
the natural person registered for the user Account, club Account, escort Account
and/or the guide Account;
any content provided by the User by means of the Service, including but not
limited to Profile information, forum posts, profiles, images, classified
advertisements and guestbook entries;
all websites, domains, IP-addresses and all underlying pages thereof, owned by
PlanetRomeo, including but not limited to