SEXLOCAL.COM (from now on referred to as “supplier”) offers advertisement services in the fields of Internet, mobile, telephony, SMA and MMS, and also in similar sectors.
PUBLY SPOT SA
The supplier of services guarantees a customer service for information, explanations and possible complaints.
1. Application area and purpose of the general conditions.
The supplier provides his own services exclusively on the basis of the present terms and conditions (from now on referred to as GC) that are part of the contract for the rendering of services. It is possible to waive the present GC only with a written authorization from the supplier.
2. Conclusion of contracts for free and paid for ads and all kinds of advertisements on the websites of the supplier.
The contract between client and supplier may take any form by means of fruition of the rendered services according to art 4, paragraph 2 of the Swiss Code of Obligations. The content and extent of the services and deriving performances are determined by the present GC or by other possible individual agreements. The contract enters into force after the publication, if it is free, or is realized through its development, if it is paid for. The supplier holds the right to reject or withdraw from the contracts without explanation.
3. Terms of payment
Payment is made by phone, credit card, bank or postal transfer. When the paid for service cannot be rendered due to technical problems that are not deliberately caused by the supplier, there is no right to refund of money or of eventual lost earnings.
4. The publication of advertisements evading the payment options
If someone attempts to deceivingly increase your credit on the websites of the suppliers or evade the modes of the payment, the perpetrator will be charged a fine of CHF 1000.- for each violation.
5. Personal data and privacy
With the fruition of an offered service of the supplier, the client irrevocably authorizes him without restrictions and for undetermined time to send advertisements, offers and any kind of information on mobile phones by e-mail, SMS and MMS, and to agrees to receive advertisements, offers and all kinds of information (so-called explicit opt-in) by a direct mailing -in other words by mail-, e-mail, or any other means. However, this authorization can be cancelled at any moment, for example by a written communication from the supplier (opt-out). The advertisement of the present article does not include the sending of unwanted mail (spamming).
Information regarding URL and advertisements of other websites and fee-based websites in general are prohibited in the free ads; in case of missing authorization or repeating violation, the supplier will file a complaint. For each advertisement a fee of CHF 1000.- is charged.
The publication of sexual acts with children or animals, human excrements, sexual organs and sexual acts in general are not authorized. (Swiss penal code, SR 311.0, article 197 4). The supplier denies any responsibility on the basis of this legislation. The advertisers are the only responsible parties in case of legal procedures, damages or complaints. Sexual acts with children or animals (also when only in the text) will be immediately treated as a criminal offense and will be reported.
It is severely prohibited to advertise ads of sexual relations without protection; such ads will be deleted. We support the Stop AIDS campaign and those against sexually transmitted diseases. The user will be blocked in case of recidivism.
Those who have published ads on websites of the suppliers or of his contractors, or those who respond to such ads, is bound to the following laws and regulations:
- Swiss law on protection of personal data (DPA)
Swiss law on telecommunication (LTC)
Ordinance on the indication of prices (OIP)
Code of obligations (CO)
Instructions from swissmedic
Swiss penal code (CP).
In particular the following acts are considered illicit:
The depiction of violence (art. 135 of the penal code)
The instigation of violence (art. 259 of the penal code)
Racial discrimination (art. 261bis of the penal code)
Illegal gambling according to the legislations on casino’s and lotteries
Offering pornographic services according to art. 197 paragraph 3 and 3 bis of the penal code (the
so-called hard pornography).
Such content may not be made public, also not to adults who have made requests for banned content themselves. It is absolutely forbidden to publish photo’s, figures, sequences of images, illustrations, sketches, drawings, cartoons, animations, trailers, video’s, video clips, teasers, texts, ads, manifests, banners, links, text messages, MMS, e-mails, attachments and images or texts that refer to sexual acts with children or animals, human excrements or violence. Due to the restrictions imposed by the supplier from the legislation on the protection of personal data and the Swiss federal constitution, he cannot accept any responsibility regarding the publication of prohibited content by the advertisers or others that are attributable to him. If the supplier ascertains that illegal information has been made available, the above-mentioned has the right to exclude the guilty client from further fruition of his services without any notification. If the supplier ascertains that advertisers offer or make available illegal content to consumers, he has the right to file a complaint and exclude the party responsible for the abuse from further commercial relations.
The supplier has to act in the same ay if the advertisers violate the regulations on respect of the age of consent.
It is prohibited to send advertisement messages on behalf of other websites, fee-based websites, etc., as well as the misappropriation of clients on the online contact forms of the supplier. The supplier holds the right to charge a fine of CHF 1000.- in case of repeating violations and for each spam message or advertisement e-mail for which the client can be held responsible.
If single aspects of the GC are proven to be incomplete or patchy, the validity of the remaining part of the contract/GC will not be invalidated. In such case the regulation that corresponds with what would have been agreed upon in spirit and purpose of the present GC will be considered contractual and attempts to resolve the situation will be made. It is established that the responsible court for all controversies regarding the GC, including those concerning its legal validity, is Bellinzona, Switzerland. With the acknowledgment of the GC the following declaration of non-responsibility from the supplier is accepted.
8. Responsibility clause
Offers on the website of the supplier
The supplier does not assume any responsibility regarding the actuality, correctness, completeness or quality of the provided information. Requests for compensation to the supplier, concerning damages of material or immaterial nature caused by the use or the lack of use of provided information, or by the use of erroneous and incomplete information, are excluded, on condition that there was no deliberate intent on behalf of the supplier.
All offers are non-binding and with obligation. The supplier holds the right to change parts of the pages or the entire offers without separate notification, with the purpose of integrating, deleting or interrupt the publication temporarily or permanently. The content of this website is protected by copyright. It is possible to save a copy of the information on the website on one computer for personal internal, and non-commercial use. Graphics, texts, logo’s, images, etc. cannot be downloaded, reproduced, copies, modified, published, sent, transmitted or distributed in any way without prior written authorization. Non-authorized use can lead to requests for compensation and further injunctive measures.
Sexual acts with children or animals, human excrements, sexual organs and sexual acts in general cannot be published (Swiss penal code, SR 311.0 article 197 4). The supplier holds no responsibility according to the conditions of the present GC. The supplier has to
attempt to prevent such criminal acts by all means.
9. References and links
The supplier hereby expressly declares he does not bear any responsibility for the content or authorship of the linked pages, therefore distancing himself expressively from all content of all linked pages. The present declaration applies to all links and references present on the website, as well as external posts in books of guest, discussion forums and mailing lists. Illegal, erroneous or incomplete content and especially damages deriving from the use or non-use of the information in question are solely ascribable to the individual of the page that has been referred to, not to the supplier, who has only allowed the automatic link from the advertisers to these pages.
The supplier commits to observing the copyrights of the used graphics, audio documents, video sequences and texts in all publications; to using self-created graphics, audio documents, video sequences and texts; or drawing on unlicensed graphics, audio documents, video sequences and texts. All brands and trademarks mentioned in regards to the internet offers and eventually protected by third parties are subjected without restrictions to the provisions of the trademark law and to the property rights of the respective registered proprietors. The mere mention does not mean that the brands are not protected from third party rights. The copyright of any published and/or created material by the supplier remains his exclusive property.
Any reproduction or use of such graphics, audio documents, video sequences and texts in other electronic or printed publications is not permitted without explicit permission from the supplier.
11. Data protection
If the possibility to enter personal or business data (e-mail addresses, names, addresses, phone numbers) is given within the internet offer, the insertion of such data by the advertiser happens on a voluntary basis. The use and payment of all offered services are permitted - where technically possible and reasonable – also without the specification of these personal data or the insertion of anonymous data or of a pseudonym. The use of contact data published in the GC or analogous pages, such as addresses, phone or fax numbers and e-mail addresses for sending information that is not requested, is prohibited. Legal action against senders of spam that violate this prohibition are expressively reserved. No guarantee can be given that information or personal data transmitted to us will not be intercepted by third parties at the moment of transmission.
The supplier does not assume any responsability for eventual damages, either direct or indirect (such as for instance Trojan, dialer, virus), loss of data, eventual loss of profit, of system or productivity that were cauded by the use of this website. The exclusion of responsability is not applied only in case of damage caused by the use of website with misconduct or gross negligence on the part of the supplier. The legal relationship stemming from the use of Internet pages between the supplier and the advertiser (or third parties related to him) is subject to the law of the Swiss Confederation. The legitimate court for legal controversy caused by the use of this website is located in Bellinzona, Switzerland.
13. Suspension of supply of services
If the delivery of performances of the supplier or his contractors is disturbed, altered, blocked, delayed or prevented by force majeure such as civil disorders, natural calamities and similar events, or by the failure of services from third parties, such as a malfunction of the hardware or software of the supplier or his contractors, or other causes, the obligation to deliver services for the supplier or his contractors is suspended. The suspension does not grant the right to compensation of any damage.
14. Legal validity
The present exclusion of responsability is to be considered an integral part of the Internet offer that refers to this page. If parts or single formulations of this text do not correspond, not anymore or not completely, to the existing regulations, the remaining parts of the documents will remain unchanged in their content and validity. This also applies to our GC.
15. Customer service
The supplier of services manages a customer service according to the contact information indicated above.
16. Juridiction and applicable law
The ordinary court in Bellinzona, Switzerland, is exclusively competent for controversies caused by the present legal relationship, with exception of the obligatory jurisdictions of operation as provided by federal law.
The present legal relationship, and the rights and obligations related to it are governed exclusively by Swiss law, with exception of further references as provided by international private law.
17. Modifications in the General Conditions
The supplier holds the right to modify the GC at any moment and adapt them to the current services. The modifications will be appropriately communicated to the customer.
18. Regulations for publication
In accordance with the general condition, also our regulations for acceptance of the publication of a profile are added and are as follows:
- A profile showing images of sexual relations in general will not be published
- A profile showing images of sexual relations with children, minors or animals will not published
- A profile presenting offensive information or descriptions will not be published
- A profile presenting relations with other advertisers or clubs (often in case of collaborations) will not be published if the counterparty does not confirm
- A profile will not be published if the mail/user have not been verified
- A profile will not be published if it becomes clear that the photo's are essentially false or downloaded from Internet through other portals and are not the propriety of the advertiser