Terms & Conditions
Status: 01. April 2022
Videogirls.ch is a leading video portal for the publication of videos and other advertising (hereinafter the "Portal"). The operator of the platform is maskros ltd. (hereinafter the "Operator").
These General Terms and Conditions (GTC) govern the rights and obligations of both the Operator and the Portal Users (hereinafter uniformly the "Users"). For individual or additional functions and services, supplementary or further conditions and other legal documents may exist.
- Functions and services of videogirls.ch
- The portal is aimed, on the one hand, at users who wish to record and publish profiles and other advertising (hereinafter collectively the "Profiles") for services that they offer and provide independently and autonomously of the portal (hereinafter the "Services") (hereinafter uniformly the "Advertisers"). On the other hand, the Portal is intended for Users who visit the Portal in order to retrieve Profiles for Services and to contact Advertisers (hereinafter uniformly the "Visitors").
- The Operator makes the Portal available to Users on a view-only basis. The Operator may offer functions and services on the Portal free of charge or subject to a fee. The current scope of functions and services as well as any fees and other costs are displayed in the form of price lists and other information on the portal. The Operator is entitled to adjust the functions and services offered as well as any fees and other costs at any time. The Operator may allow Users to purchase coins and otherwise have credit in order to pay for chargeable functions and services. The operator is authorized to transfer parts of the operation or the entire operation to third parties.
- The Operator is entitled to send messages to the Users via e-mail, instant messaging, SMS and other communication channels. Such messages may also contain advertising. Users may object to the receipt of communications containing advertising for the future for each received communication ("opt-out").
- The users, i.e. advertisers and visitors, communicate directly and on their own responsibility, in particular via published contact addresses. The users conclude any contracts in connection with services on their own responsibility. From any contracts between users as well as from any pre-contractual exchange, only the users involved are bound. The performance of the contract is the sole responsibility of the users involved. Information, notifications and other content on the portal serve exclusively to inform the users concerned.
- The operator is neither a contractual party nor a representative of users in connection with services. The operator does not guarantee that users comply with any contractual or other legal obligations that may exist between them. The execution and / or enforcement of contracts is the sole responsibility of the users involved.
- The Operator is not obliged to control the behavior of Users on the Portal. In particular, the Operator is not obligated to check profiles and other contents of Users for their legality or other admissibility as a precaution. The Operator does not assume any liability for profiles and other contents of Users. In case of doubt, users are obliged to check profiles and other content of other users themselves.
- In the case of profiles and other content that is reported as not lawful or otherwise not permitted, the operator follows the Swiss Code of Conduct Hosting (CCH). Reports or notices from affected persons to the operator must comply in particular with the requirements of the CCH.
- Use of videogirls.ch
- The use of the portal is restricted to natural and legal persons who have unlimited capacity to act. Natural persons using the portal must be of legal age, i.e. 18 years or older.
- The Operator may provide for mandatory registration as a User for the use of the Portal or for the use of individual functions and services. The Operator is entitled to refuse registration at any time - also subsequently - and without giving reasons.
- Registration with false or fictitious information is prohibited. Only one registration is permitted for each person. The information provided by users - even after registration - must be complete and truthful at all times. The operator is entitled - also subsequently - to check information provided by users or to have it checked by third parties as well as to demand additional information from users.
- Users may access the portal exclusively for their own use, including commercial use. Users undertake to use the portal - directly or indirectly - exclusively in compliance with the law in every respect.
- Registered users undertake to treat their access data to the portal confidentially and to use it exclusively for themselves. Users are not entitled to provide their access to the portal directly or indirectly to third parties against payment or free of charge.
- The user hereby confirms that all published information is true, in particular that of the profession or business activity. The user undertakes not to publish any unlawful visual material. In particular, the users undertake to publish erotic images that do not fulfill the criminal elements of pornography, do not show or advertise underage children or bestiality.
- The operator is entitled to deny users access to the portal at any time and without giving reasons. If access is denied due to a violation of these GTC, any fees and other costs shall remain owed and there shall be no refund of any fees and other costs already paid.
- Users undertake to meet all their obligations to the operator in full and on time at all times. In particular, users undertake to pay any fees and other costs on time. The Operator is entitled to make chargeable functions and services dependent on payments on account and advance payments. There is no right to reimbursement of paid fees and other costs.
- Any fees and other costs are due immediately, unless the operator grants a payment deadline. Users are automatically in default if payment is not made on time without a payment reminder. In the event of default, the Operator is entitled to charge interest on arrears of 10.0% per year and a fee of CHF 25.00 for each payment reminder. The Operator is entitled to deny defaulting Users access to the Portal and to assign claims against Users to third parties or to commission third parties with the collection of such claims.
- The use of the portal may be temporarily, partially or completely unavailable, in particular for technical reasons. The operator does not assume any warranty for the portal availability.
- Profiles and other content at videogirls.ch
- By entering profiles and other content, users declare their consent to publication on the portal and via any other communication or publication channels of the operator. The publication also includes contact addresses so that visitors can establish contact. Users grant the Operator a non-exclusive, transferable and sub-licensable right of use, unlimited in time and place, to the recorded content, including content protected by trademark and copyright.
- The operator may refuse the publication of profiles and other content at any time without giving reasons. The operator may enrich profiles with metadata and is entitled to adapt profiles at any time at its own discretion and without consultation, in particular to improve appearance, formatting or readability.
- The operator is not liable for profiles that are not published or are published incorrectly. Users are obliged to notify the operator of profiles that are not published or are published incorrectly so that the operator can take appropriate measures.
- Users undertake to ensure the timeliness, quality, accuracy and completeness of profiles. In particular, profiles may only refer to services that are actually provided by users. Users shall bear sole responsibility for all contents of profiles. Profiles that are no longer up-to-date must be deleted by the user without delay.
- Users undertake to only enter profiles and other content that is legally compliant. Users undertake in particular not to publish any discriminatory, personality-injuring, racist, harmful, criminal, unfair or unsafe content. Profiles and other content that show or otherwise advertise sexual parts, depictions of violence or human excretions are prohibited. Profiles and other content that show or otherwise advertise sexual acts with minors - including apparent minors and minors in virtual form - or animals, as well as unprotected sexual intercourse, are prohibited. In the case of content that is suspected of being criminal or otherwise unlawful, the operator is entitled at any time to file a criminal complaint or criminal charges against the users concerned.
- Users further undertake not to enter any content that contains false, misleading or defective information or - both directly and indirectly - advertising for comparable operators such as the Operator and comparable portals such as the Portal. The collection of content related to job placement, money games, home-based work, network marketing, recruitment, snowball systems, gift circles or job advertisements is prohibited. Furthermore, the collection of content that violates intellectual property rights, personal rights or other rights of third parties is prohibited.
- The operator is only liable for direct damages caused by its own gross negligence or intentional acts. Any further liability of the operator for direct damages is expressly and fully excluded. Any liability of the operator for indirect damages and consequential damages, for claims of other users or possible third parties as well as for loss of profit is explicitly and completely excluded. Any liability for auxiliary persons is excluded.
- Users are expressly and fully liable to the Operator and any third parties, irrespective of fault, for all direct and indirect costs as well as for damages arising from violations of these GTC or in connection with the portal. In the event of fraud, attempted fraud and violations of these GTC in connection with coins and credit balances as well as with the payment of chargeable functions and services, the Operator is entitled to impose a contractual penalty of a lump sum of CHF 2,000.00 on the offending Users.
- The indemnification also includes claims by other users or any third parties. The users concerned indemnify the operator against all claims by other users and any third parties and undertake to bear all costs - including lawyers' fees and court costs - and damages incurred by the operator in this connection.
- Return policy
- Payments made by the user for offers subject to a charge, such as Coins, are in principle not revocable, and payments made will not be refunded. However, the provider agrees to examine any claims without acknowledging any legal obligation. If this examination justifies a refund in individual cases, the corresponding payment may be refunded. A refund may be considered if the profile has not yet been approved or activated. However, a claim to a further refund can never be derived from the payment of a refund, even if the payments are based on similar circumstances. A possible refund is therefore to be considered purely as a goodwill gesture on the part of the operator in individual cases.
- Final provisions
- Automated access to the portal, for example with bots, scripts or comparable means, is prohibited.
- The Operator is entitled to discontinue the operation of the Portal at any time, permanently or temporarily, and in whole or in part, without notice and without giving reasons. The Operator is entitled to have individual or all rights and obligations arising from these GTC exercised by third parties or to transfer them to third parties.
- Should any provision of these GTC prove to be unfulfillable, invalid or ineffective, this shall not affect the fulfillment, validity and effectiveness of the remaining provisions. In this case, the parties undertake to replace the unfulfillable, invalid or ineffective provision with a fulfillable, valid or effective provision that comes closest in content and economic terms to the original intention of the parties. This severability clause does not apply to users who are consumers.
- The operator is entitled to adjust these GTC at any time and without giving reasons. Users will be informed in an appropriate manner about relevant changes to these GTC.
- The exclusive place of jurisdiction shall be the competent court at the registered office of the Operator's company and only Cypriot law shall apply.
- These terms and conditions come into force on 01.04.2011 and replace all previous versions.