General Terms and Conditions for sexlist.club
Last edition – June 4th 2014
ATTENTION: No person under the age of 18 is permitted to visit this website or use the sexlist.club Service.
The following General Terms and Conditions (hereinafter “GTC”) define the terms under which the sexlist.club Service (hereinafter “the Service”). Please read these GTC carefully. By registering with the Service you recognize that you have read and accept the GTC. The GTC are an integral part of your contract. Differing terms and conditions are not accepted.
1.1 The Service can only be used after you have registered. Registration is free.
1.2 We also offer more extensive services under a subscription which is fee-based, if you wish to communicate with other members and use the Service in full. We always notify you accordingly before you use any fee-based services, indicating which fees are applicable and the respective amount. You choose how long you want to subscribe to the service for. The subscription period paid for by you shall extend automatically for a period equal to the original subscription unless cancelled by you. You can use the fee-based services after paying the appropriate fee.
1.3 Your membership is intended only for your personal use. You are not allowed to authorize others to use your membership or your account on sexlist.club. That means you’re not allowed to share your access data with any third party or forward your access data to any third party. We offer the Service exclusively for private purposes. By registering, you undertake to use this Service exclusively for private purposes and not for commercial ones.
2. Registration and Service Use
2.1 The Service can only be used once registration has taken place.
2.2 By registering, you agree to these GTC and warrant that you are of age, i.e. at least 18 years old.
2.3 Services accessed over mobile devices might be restricted and not all features may be available. Only a limited selection of payment methods subscriptions may be offered.
2.4 You must ensure the truthfulness of the details given during the registration and later during purchase and payment.
2.5 We reserve the right to block your access to the Service if you use the Service in a manner that is illegal or breaches the obligations laid out in these GTC. However, blockage of access for the above reasons shall have no effect on your obligation to pay for the service purchased. In such an event, any amount up to 295 CHF already paid to us will not be refunded but retained as a penalty. We also reserve the express right to demand a flat-rate penalty of up to 295 CHF from you if you have paid no amount or an amount lower than 295 CHF. This will not prevent the assertion of any claims for greater losses actually incurred.
3. Conditions of Use
3.1 You are responsible for all details you provide. You must ensure that the details you provide are truthful and describe you personally. You undertake to refrain from willfully presenting data from third parties as yours. Willfully false details or details made with fraudulent intentions, in particular providing the bank or credit card details of a third party without their consent, will carry legal consequences.
3.2. You undertake to keep the details provided to us up to date, in particular your contact details and payment information.
3.3. You are solely responsible for the content that you publish or display on the service, or transmit to other members, and by posting content to any public area of the service, you automatically grant, and you guarantee that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, worldwide license to use such information and content, and to grant and authorize sublicensing of this content. We reserve the right to use content from profiles, including the member username, photos and videos, for featuring them in promotional material.
3.4. We do not verify the accuracy or truth of any information published by members. Whilst we are entitled, but not obliged, to investigate the content of profiles, including uploaded images, for compliance with the law in general, with these GTC and with the rules specified by us on the relevant web pages and, if necessary, to reject, modify or even delete the content in question. By using this service you accept that any member profiles, messages and communication may not be genuine and the service is for entertainment purposes only.
3.5. You undertake to furnish no information that you are not explicitly requested to provide. In particular, this applies to names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers.
3.6. You undertake to treat other customers’ data (in particular names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers), e-mails and other forms of correspondence that you obtain in connection with your use of the Service with confidentiality; you also undertake to refrain from making these accessible to third parties without the consent of their originator. It is also forbidden to pass on the data of non-customers as part of the Service.
3.7. You warrant that you have no commercial intentions and will refrain from using the information entrusted to you for commercial purposes or purposes that breach the contract. You undertake to send messages to other customers for no purpose other than that of personal communication and in particular not for the purposes of advertising or tendering goods or services. You also undertake to refrain from sending "chain mail" or similar.
3.8. You shall not misuse us and in particular shall refrain from using the Service in order to
- distribute defamatory, objectionable or otherwise illegal material (e.g. but not limited to material that infringes third party personality rights such as photos of third parties);
- threaten or harass others and/or violate their rights;
- to pledge or demand money or payment in kind.
3.9. You also undertake
- not to upload any data containing a virus (infected software) to the Service;
- not to upload any data to the Service containing software or other material that are copyright protected or protected by other commercial property rights unless you are the owner of the rights in question or have obtained the consent necessary to use the software or materials from the holder of the rights;
- not to use the Service in such a way that the availability of the Service to other customers are negatively affected;
- not to intercept e-mails or make any attempt to do so.
3.10. If you do not comply with any one of the obligations set out in the paragraphs above, this may lead to us terminating the contractual relationship and access to the Service being immediately blocked. Any pecuniary claim by us against you remains unaffected by this. Furthermore, we reserve the right to initiate civil or criminal proceedings against you.
3.11. If you use the Service in conjunction with business interests or use the details and data entrusted to you for commercial purposes, you shall be obligated to pay a contractual penalty of 10,000 CHF for each proven contravention or the highest amount permitted by law, without prejudice to any claim for damages.
3.12. You undertake to hold us harmless against all proceedings, loss, demands or claims for damages that may arise during your registration for and use of the Service. In particular, you shall indemnify us against any liability and all obligations, expenses and claims resulting from losses due to malicious gossip, insult, defamation and violations of personality rights by other customers, due to non-provision of services for customers or due to the violation of intellectual property rights or other rights by you. Furthermore, you shall indemnify us against all liability and claims arising from a breach of these GTC by you.
3.13. You are expected to open and respond to the messages that you receive at regular and appropriate intervals and, if necessary, file these on your own computer or another storage medium.
3.14. All incoming messages of users of the free service are stored in the internal mailbox on the site for 72 hours. All incoming messages for paying subscribers are stored in your internal mailbox on the site for 3 months. We reserve the right to review and delete any messages, comments, photos, video and whole profiles (the "content") that in our sole judgment violate these Terms or may be offensive, illegal, or that might violate the rights or put in danger safety of other members.
3.15. We are entitled to delete your profile if have not used the free Service for more than six (6) months from the database, even without consultation or notice. On the one hand, this measure helps to protect your data as, after this period has elapsed, we will be forced to assume that you are no longer interested in the storage of your data; on the other hand, the measure serves to keep the database free of inactive customers, thereby improving the service offered by us.
3.16. In order to use the sexlist.club chat program you need to have Adobe Flash Player installed.
4. SPECIAL CONDITIONS FOR EU CUSTOMERS: Right of withdrawal
Information concerning the exercise of the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from you choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for your initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of contract.
5. Termination; Extension of the contract; Cessation of the service
When discussing termination, a strict distinction must be drawn between the free contractual relationship that comes into existence upon registration and the paid contractual relationship that comes into existence upon purchase of a paid service.
You are entitled to terminate the free contractual relationship with us at any time without stating your grounds for doing so.
We are entitled to terminate the existing free contractual relationship with you following a 14-day notice period. The right to terminate for good cause or to block you remains unaffected by this.
The paid contractual relationship must be terminated at least 14 calendar days before the respective duration of the contract expires or, if another period was specified upon purchase of the paid access, within the specified period. The termination of the paid contractual services is only effective if it takes place by means of an explicit, written declaration. To aid clear assignment and to protect against misuse, you must always specify your registration details as an absolute necessity.
5.2 Cessation of the service
We are entitled to cease providing the services offered in full or in part. We will inform you of the planned cessation and its scope ahead of time, at least 14 days before the full or partial cessation of the services. If you have paid for, but not yet fully exhausted an entitlement to the Service at the time of the cessation, you will receive a pro-rated refund for this non-exhausted entitlement.
6. Information on data
6.1 In the running of its services, we undertake to comply with legal provisions pertaining to data protection.
6.2 You acknowledge and agree that all content uploaded by you to the Service is available for all customers within the sexlist.club database.
6.3 Your profile and its contents may be searchable by, and you may be able to search for the profiles and their contents of members registered to other websites operated and powered by us, for example, co-branded or privately labeled. Your profile and its contents may be searchable by third-party search engines, for example Google, MSN, etc.
6.4 To improve your chances of success sexlist.club uses a free personal messaging service: This feature ensures your profile gets maximum visibility as your matches are kept up to date with messages sent on your behalf, about your activity on the site.
6.5 In the course of serving ads to this site and you using some part of the web-site, us or our third-party advertiser may place or recognize a unique cookie on your browser. Cookies are a normal part of internet operations and are also used by sexlist.club to safely identify you each time you login and use the site and to keep your session active when you don’t use the website for some time. Any information that us or third parties collect via cookies and marketing campaigns tracking software is totally anonymous. By registering on this website you agree to allow the placement of these cookies. For more information on the types of cookie we use on the sites please visit our cookie information page.
7. Rights of use and copyright
All rights to programs, services, processes, software, technologies, brands, trade names, inventions and materials that belong to us shall remain exclusively ours. We are the owner of all rights of use for the above-mentioned rights. The use of all programs and the content, materials, brands and trade names contained therein are only permissible for the purposes specified in these GTC. Any reproduction of the programs, services, processes, software, technologies, brands, trade names, inventions and materials belonging to us are not permissible unless expressly authorized by us.
8.1 Direct contact is only established between our customers following mutual agreement. We are therefore not liable in the event that no such contact is established within the duration of the agreement. However, we endeavor to mediate contact between our customers by providing the technological means to this end.
8.2 We are not liable for the misuse of data and information as the possibility exists, despite its explicit prohibition, that you may use the Service in an improper or illegal manner. Furthermore, we are not liable in the event that information made accessible to a third party by you is misused by this third party.
8.3 We make no guarantee that the service will operate properly at all times, i.e. that it will be constantly available without interruption. In particular, we are not liable for faults in technical equipment or in the quality of access to the service due to force majeure or events beyond the control of us (e.g. failure of communication networks).
8.4 We are not liable for unauthorized attainment of your personal information by third parties, e.g. in the form of access to the database by hackers.
8.5 For other losses that occur due to causes other than those stated above, we shall only be liable in cases of intent and gross negligence on the part of its executive bodies, employees and vicarious agents, and this liability are proportionate to other causes contributing to the loss.
8.6 In the event of injury to life, body or health or in the case that we have breached material contractual obligations we are also liable for slight negligence. Liability in the latter case is limited to foreseeable, direct losses typical to this type of contractual relationship.
8.7 Liability is otherwise excluded.
9. Disputes resolution
To resolve a complaint regarding the service or the website, you should contact sexlist.club customer support team using the Contact us form on the sexlist.club website.
10.1 Except as expressly provided in the written form, the information on our payment page (s) in case you purchase paid services and these GTC constitute the entire agreement between us and you with respect to website and Service use.
10.2 The registration and subscription are personal to you. You will not assign, transfer or charge your rights and responsibilities under your registration and subscription.
10.3 We are authorized to commission third-party service providers and vicarious agents with the rendering of parts of or the entire spectrum of the Services provided that this does not give rise to any disadvantages for you.
10.4 Should individual provisions of these GTC’s or the contract become void or incomplete, the validity of the remaining provisions of the GTC’s or contract shall in no way be affected. As far as provisions do not become part of the contract or are invalid, the content of the contract shall be governed by applicable legal provisions.
10.5 The construction, validity and performance of these GTC’s will be governed in all respects by the laws of Switzerland and you agree that any dispute arising under these GTC or the contract will be subject to the non-exclusive jurisdiction of the Swiss courts, unless otherwise determined by mandatory law.