General terms and conditions
Article I.
Recitals
- The General Terms and Conditions (hereinafter referred to as the GTC) govern legal relations between MultiMedia Solutions, s. r. o., Piaristická 276/46, 91101 Trenčín, Company ID: 47005441, Tax ID: 2023696928, Registered in the Commercial Register of the District Court Trenčín, Section: Sro, Insert No.: 27676/R and the Advertisement Customer, which arise when publishing advertisements on the https://amaterky.sk/ portal ("Portal").
- The operator is MultiMedia Solutions, s. r. o., Piaristická 276/46, 91101 Trenčín, Company ID: 47005441, Tax ID: 2023696928, Registered in the Commercial Register of the District Court Trenčín, Section: Sro, Insert No.: 27676/R (hereinafter referred to as the "Operator"), which is authorized to carry out advertising activities.
- The Operator is not an escort agency and does not provide any services offered on the Portal. The services offered on the Portal are those of the Client, who bears full responsibility for the quality, price, availability of services and is responsible for the veracity of the information contained in the Client's advertisement.
- The advertiser is an indovidual or legal person ordering advertising in its own name and on its own account on the Operator's Portal.
- Services provided by the Operator on the Portal consist in the service of publishing an advertisement for remuneration on the Operator's Portal.
- Advertising is any information (text, image) that meets the requirements of advertising according to the GTC and is published for remuneration on the Operator's Portal.
- The payment system via a paid SMS message is provided by A SMS, s.r.o., Šulekova 70, 811 03 Bratislava, ID: 35 830 387, registered in the Commercial Register of the District Court Bratislava I., Section: Sro, File No.: 25950/B.
- The payment system through the payment gateway is provided by 24-pay s.r.o., Kálov 356, 010 01 Žilina, Company ID: 44 002 602, Registered in the Commercial Register of the District Court Žilina, Section: Sro, Insert No.: 20187/L.
Article II.
Order advertising
- The Advertiser may create an Advert by clicking on the "Add an Ad" button, regardless of whether the Customer is logged in via his user account or not. In the case of a user who is not logged in, the registration process is carried out in the process of adding an advertisement and after saving it, a user account is automatically created for the non-logged-in user.
- The advertiser adds an ad by clicking on the "Add an Ad" icon. After clicking on the "Add an Ad" button, the Advertisement Customer will be asked to fill in a form in which it is necessary to fill in all mandatory data in order for the advertisement to be eligible for publication on the Operator's Portal.
- The eligibility of the advertisement for publication on the Operator Portal is determined by the mandatory requirements of the advertisement, which must be filled in in the form, otherwise it will not be possible to complete the process of adding and publishing the ad on the Operator's Portal.
- The mandatory requirements of the advertisement are: name, age, location, type of service, telephone number, weekly availability, erotic practices, text of the ad, photos.
- In addition to the mandatory requirements, the customer of the advertisement may provide other optional data in the form, but on his own responsibility, namely: selection of girls (alone or several), exact address (for map view), experience, breasts size, silicone breasts, natural adjustment, sexual orientation, tattoos, piercings, height, weight, eye color, hair color, special details, language skills, payment options.
- After filling in at least the mandatory requirements of the advertisement by the Customer, the process of creating an advertisement continues by selecting the subscribed Service of the Operator, by clicking on the "Subscribe" button, in which he then selects the service he wants to subscribe to, namely:
- CLASSIC - subscription to the basic display of the ad in the catalogue, topping 3 times a day
- PREMIUM - subscription to the basic display of the ad in the catalogue, topping 6 times a day
- GOLD - subscription to the basic display of the ad in the catalogue and the marking of the ad with the brand "PREMIUM" and the display of the ad at the top of the Portal, topping 9 times a day
- After making the choice of prepaid Service, the Customer finishes the order of the Service of the Operator by clicking on the "Finish" or "Pay" button, at which moment the order becomes legally binding.
- The publication of the Customer's advertisement and its activation is conditional upon payment of the price of the Service.
Article III.
Remuneration, payment terms and billing terms
- The price is invoiced on the basis of a valid price list published on the Operator's Portal, which the Advertising Customer has the opportunity to familiarize himself with even after filling in the form by clicking on the "Subscribe" button, where he has the opportunity to get acquainted with the characteristics of the Operator's Services and their prices before ordering the Service.
- Based on the order, an invoice will be issued and electronically sent to the Client of the Service of the Operator, while sending the invoice by post is possible only at the express request of the Client. Invoicing data are an obligatory requirement of the order, which the Client is obliged to fill in directly in the order form and which will not be contained in the Client's advertisement, nor will they be published on the Operator's Portal, but serve exclusively for the act of invoicing the ordered Service, while their processing is subject to Article IX, point 6 of the GTC.
- If the Client is an agency, the conditions of Art. III point 1.,2., however, the Client, which is the Agency, may agree with the Operator on an individual contract that defines the invoicing conditions separately from the conditions set by the GTC.
- If the Customer is a foreign client, in order to optimize the foreign transfer, the method of invoicing and payment of the price of the Service will be determined by agreement with the Operator's sales department.
- Payment of the invoiced amount for the Service of the Operator ordered by the Client may be paid:
- By bank transfer to an account maintained with VÚB, a.s. and Slovenská sporiteľňa, a.s.
- By charged SMS message, while this method of payment for the prepaid Service is possible only if the price of the prepaid amount does not exceed 20 EUR (twenty euros, -).
- Through the payment gateway 24pay.
- The Moment of payment of the ordered Service by the Customer is considered to be the moment when the invoiced amount is credited to the Operator's account, the payment is recorded in the bank account of 24.pay, the recording and processing of the SMS message in the ASMS system.
- The activation of the advertisement is tied to the payment of the amount of the prepaid Service, while in case of non-payment, the advertisement will not be activated.
- If the Operator makes a change in the prices of prepaid Services, they will not affect the already ordered and paid prepaid Services during the entire period for which they were paid according to the price list valid and effective at the time of ordering the prepaid Service by the Client, while the moment of ordering the Service is considered to be the moment of sending the Order Form.
Article IV.
Refusal to publish an advertisement
- The operator reserves the right to refuse to publish an advertisement if
- the content of the advertisement is contrary to the law of the Slovak Republic, contrary to good morals or endangers public order,
- the advertisement or its content does not comply with the technical requirements of the Portal,
- advertising or its content promotes other competing providers of the same or similar services;
- the content of advertising could interfere with the rights and legitimate interests of the Operator and third parties,
- the content of the advertisement contains elements of racial or religious intolerance or expressions of any discrimination and extremism,
- it is a duplicate publication of the advertisement, in which case the Operator is not obliged to notify the Client of the reason for refusing the advertisement,
- it is a fictitious, unrealistic, fabricated advertisement,
- it is an advertisement for a sex doll, an inflatable doll, sex toys, sex tools, erotic accessories in general,
- it is an advertisement for the sale of erotic videos, live webcam, erotic photos, erotic chat, audiotext services and other similar paid services at a distance,
- it is an advertisement containing an excessive number of stars, exclamation marks and similar characters, both in the title, text of the advertisement and in the place of the photo or on a photograph,
- it is an advertisement containing photos that violate legislation on intellectual property law, copyright, are unlawfully downloaded and used,
- it is an advertisement containing lewd, vulgar photographs, which also includes photographs of close-ups of the crotch in panties, photographs containing images of exposed intimate places, genitals, other parts of the body or any photographs without panties,
- it is an advertisement containing photos that have the wrong format / size, framed photos, photos carved or pointlessly highlighted with various backgrounds, stickers, graphic elements, photo collages, neon colors or backgrounds and other inappropriate modifications,
- it is an advertisement that does not contain any comparable verification / verification photo, i.e. a photo of a person (not a "zoomed" part of the body), without a face, with paper in hands and the inscription Amaterky.sk + year of the shoot, so that it is clearly visible that it is the same person,
- it is an advertisement containing extremely retouched photos or professional photos that are not clearly comparable to a verification photo,
- it is an advertisement containing old, outdated photos that do not correspond to the current appearance and age,
- it is a job advertisement,
- it is an advertisement for a man's offer,,
- it is an advertisement containing an offer from several people,
- it is advertising for the purpose of promoting OnlyFans profiles or other similar services
- If the Contract between the Operator and the Client is concluded, the Operator has the right to withdraw from the Contract, while if the price of the Service has already been paid by the Client and the advertisement has not become active, the Client has the right to a refund of the full amount paid to the Operator.
Article V.
Change your advertising content
- The Client is entitled to change the content of the ad during the prepaid period of the Service, the content of the ad so changed must be in accordance with the GTC and generally binding legal regulations.
- The Client is entitled to change the content of the ad on the basis of login data (login name and password), while she is responsible for their storage and handling.
- In the event that the Customer changes the content of the ad during the prepaid period in violation of the GTC and generally binding legal regulations, the Operator is entitled to disable the display of the ad on the Portal, the Client is not entitled to a refund of the amount of the prepaid service.
- In the event that the Client changes the content of the ad during the prepaid period in accordance with the GTC and generally binding legal regulations, the modified content of the ad is not considered a new ad and this change in the content of the ad does not affect the length of the subscription service, the Client continues to use the already ordered service.
- The Operator reserves the right to make necessary changes to the content of the ad of the Customer, in particular formal, spelling changes, change the main photo and remove inappropriate photos in the ad, while inappropriate photos are vulgar photos defined in Article IV, point 1, blurry, out of focus, poor quality photos, photographs not related to the advertisement, unrealistic photos and photographs defined in Article IV, point 1.
Article VI.
Deactivation of the display of the advertisement and withdrawal from the contract
- The Operator is entitled to withdraw from the contract during the prepaid period and deactivate the display of the Customer's advertisement, if
- it is an advertisement created for the purpose of deceiving a third party,
- it is an advertisement of the Customer, whose actions and behavior cause damage to the Operator,
- it is an advertisement of the Client, which by its conduct annoys other Clients or causes them direct or indirect damages by this conduct,
- The customer has cancelled his user account,
- in the cases referred to in Art. IV., Art. V. point 3., in which case the Client is not entitled to a refund of even a proportional part of the amount of the prepaid Service.
- The Client is entitled to deactivate the display of the ad at any time and for any reason during the prepaid period, and is not entitled to a refund of even a proportional part of the amount of the prepaid Service.
- The Customer who cancels his user account during the prepaid period of the Service, his advertisement will be automatically deactivated, and the Customer is not entitled to a refund of even a proportional part of the amount of the prepaid Service.
- In the event that a Service Contract has been concluded between the Operator and the Client, the Client is entitled to cancel them before paying for the Services.
- The Client may withdraw from the Contract if the Operator does not provide the Service for more than 7 days, while he is entitled to a refund of a proportional part of the prepaid Service.
Article VII.
Liability for advertising content and liability for damages
- The Client is fully responsible for the content of the published advertisement, including text and photographs.
- The Client undertakes that the content of the ordered advertisement complies with the provisions of Article IV, point 1. and the principles of fair business relations and that the dissemination of advertising on the Portal will not endanger the rights and legitimate interests of third parties will not be endangered.
- The Client declares that it does not conduct unauthorized business within the meaning of §64 of the Trade Licensing Act and §251 par. 1 of Act no. 300/2005 Coll. The Criminal Code, further declares that it does not fulfill the acts listed in §132, §179, §367 of Act no. 300/2005 Coll. Criminal Code
- The Client declares that all financial claims arising from the use of copyrighted works, the image of a individual and rights related to copyright are fully satisfied.
- The Client undertakes that if the Operator incurs damage due to the dissemination of advertising, the content of which is contrary to the GTC, the legal order of the Slovak Republic, it will compensate the Operator for the damage caused thereby, including all costs related to proceedings before courts or other bodies authorized to act in the matter and to compensate the costs of legal representation.
- The Client undertakes to pay it to the Operator within 30 days after the request sent to the Client by the Operator.
- The Operator is not responsible for the activities of the Clients of the Portal Services and does not bear any responsibility for any misuse of the Portal Services by the Client or third parties.
- The Operator shall not bear any liability for damages incurred by the Client or third parties directly, indirectly or accidentally as a result of or in connection with the use of the Portal services.
- The Operator shall not be liable for damages incurred by the Client or third parties as a result of the impossibility of using the Services of the Portal or in direct or indirect connection with this fact.
- The Operator is not liable for the continuous functionality of the Portal and continuous error-free operation.
- The Operator shall not be liable for damage that could be caused to the Client by a malfunction of the Service for any reason.
- The Operator reserves the right to a technical outage of the system, which may cause a temporary loss of availability of fee-based Services.
- The operator is not obliged to check whether the content of the advertisements violates the rights of third parties. In the event of a claim by a third party in connection with the publication of a demonstrably false or legally inadmissible advertisement, the Client assumes all obligations resulting from such legitimate claims and is obliged to compensate the Operator for damages incurred by the aforementioned actions of the Client.
Article VIII.
Rights and obligations of the contracting parties- The Operator reserves the right to warn and request redress from the Client who violates the provisions of the GTC and generally binding legal regulations and in case of non-compliance with the warning
- terminate the provision of services to the Client,
- remove it from the system without any notice of deletion, in which case the Client is not entitled to a refund or a proportional part of the prepaid Service.
- The Operator has the right to refuse to provide the Service to anyone without giving a reason.
- The Operator has the right to terminate the provision of the Service, in which case it is obliged to notify the Clients in advance, at least 30 days before the date of termination of the operation of the Service. In this case, the Client is entitled to a refund of a proportional part of the amount for the unused period of the prepaid Service.
- The Operator has the right to change the GTC, but the change of the GTC does not concern already concluded contractual relations, while informing about such amended GTC, their validity and effectiveness through the Portal in the GTC section, in the manner of specifying the effective date.
- The Client is not entitled to distribute the content of the Portal in any way, in particular it is not entitled to copy, change, distribute or otherwise handle the content of the Website for the purpose of its further commercial use, with the exception of handling the Client's own content, unless there is another agreement between the Operator and the Client.
- The Client agrees that the Operator is entitled to send e-mail messages containing information about news and updates of the Portal and other system information related to the operation of the Service in accordance with generally binding legal regulations.
Article IX.
Complaint conditions
- The Client has the right to complain about an error or other defects of the prepaid Service that occurred on the Operator's Portal in connection with the Service provided to him. An error on the part of the Operator means, in particular, a malfunction of the Services specified in the Order and complaints in connection with payment for fee-based Services.
- It is not an error on the part of the Operator if the Services are not available from the Client due to a failure of the Client's connection to the Internet or due to other facts for which the Operator is not responsible.
- The Operator has agreed with 24-pay s.r.o., Kálov 356, 010 01 Žilina, Company ID: 44 002 602, Registered in the Commercial Register of the District Court Žilina, Section: Sro, File No.: 20187/L on the claim for payments for Services on the procedure specified in point 3.1. In the event of a claim for payment for the ordered Services through the selected payment methods by the Client of the Operator, the procedure shall be that the complaint shall be filed by the Client with the Operator, who shall obtain from the Client the necessary data for resolving the complaint. The operator will then provide these data to the company, which will carry out investigations to verify the eligibility of the complaint on the basis of the submitted data. The Company will inform the Operator about the result of the complaint process without undue delay after the end of the complaint procedure. The Operator will then discuss the outcome of the complaint procedure with the Customer.
- The deadline for filing a complaint is no later than 14 days from the day when the Customer discovered or could have discovered the error.
- The Customer is entitled to make a complaint in writing (by post to the address of the registered office of the Operator, by e-mail to the address: reklamacie@amaterky.sk), while the complaint must be delivered to the Operator. The operator undertakes to notify the result of the complaint within 14 days from the date of receipt.
- In the event of an error exclusively on the part of the operator according to point 1., the Client is entitled to request a reasonable compensation or discount on the price to the extent agreed by both parties within the complaint procedure.
Article X.
Privacy Policy
- The Operator undertakes to process personal data only in the manner stipulated by Act no. 18/2018 Coll. on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC on the protection of personal data so as not to violate the fundamental rights and freedoms of data subjects, in particular, violations of their right to respect for human dignity or other unjustified interference with their right to protection of privacy.
- The scope of personal data processing and the purpose of their processing is defined depending on whether the Client:
- Visit the Portal
- creates a user account on the Portal
- adds an ad on the Portal
- orders a fee-based Service on the Portal
- The scope of personal data processing if the data subject visits the Portal is defined by the scope of personal data processing, namely IP address, date and duration of the visit, browser type and settings, operating system. These data are used exclusively for statistical purposes.
- The scope of personal data processing in the event that the data subject creates a user account on the Portal is defined by the scope of personal data processing, namely email address, telephone number, password. These personal data will be processed solely for the purpose of registering persons registered through the Portal, registering advertisements for handling possible complaints, sending e-mail messages containing information about news and updates of the Portal and other system information related to the operation of the Service.
- The scope of personal data processing in the event that the data subject adds an advertisement on the Portal is defined by the scope of the processing of personal data, namely personal data, which are mandatory and optional requirements of the advertisement, to the extent defined in Article II, point 4, 5. This data will be processed solely for the purpose of posting and publishing an advertisement.
- The scope of personal data processing in the event that the data subject orders a fee-based Service on the Portal is defined by the scope of personal data processing, namely name, surname, address. These personal data will be processed solely for the purpose of issuing a tax document – invoice, in accordance with Act No. 222/2004 Coll. on Value Added Tax, §71 par. 2 letter b).
- By registering, the user confirms that the data provided by him are true and accurate. In the event that the Client, for the purpose of adding an advertisement and using the fee-based Service of the Portal Operator, provides additional data when creating an advertisement, which alone or in conjunction with other data can be considered personal data within the meaning of the provisions of the Personal Data Protection Act, as amended, and on the basis of which it will be possible to directly or indirectly determine the Client, by registering, adding an advertisement and then filling in the form for the purpose of adding an advertisement, ordering the Service and paying the price for the ordered Service, voluntarily agrees to the processing of personal data in accordance with Act no. 122/2013 Coll. on the protection of personal data, as amended, by the Operator: MultiMedia Solutions, s. r. o., Piaristická 276/46, 91101 Trenčín, Company ID: 47005441, Tax ID: 2023696928, Registered in the Commercial Register of the District Court Trenčín, Section: Sro, Insert No.: 27676/R and voluntarily agrees to the processing of personal data in the scope of name, surname, e-mail address, telephone number of the company providing the payment system through the payment gateway: 24-pay s.r.o., Kálov 356, 010 01 Žilina, ID: 44 002 602, Registered in the Commercial Register of the District Court Žilina, Section: Sro, File No.: 20187/L. 24.pay, exclusively for statistical purposes, whereby such consent is given for an indefinite period pending its withdrawal.
- The Client is entitled to withdraw consent to the processing of his data at any time, in writing to the address of the Operator or via email to the address: admin@amaterky.sk
- The Client has the right to request information from the Portal Operator at any time about which personal data it processes and stores.
- The Client is entitled at any time to request correction or change of his user account data or other data provided when adding an advertisement, ordering the Operator's Service. He also has the right to request the deletion of these data at any time, but in the event of deletion of some data, it will not be possible to provide the Services of the Operator.
- The Client has the right, on the basis of a written request sent to the address of the Operator or via e-mail to the address: admin@amaterky.sk to request from the Operator:
- confirmation of whether or not personal data about him are processed,
- in a generally comprehensible form, information on the processing of personal data in the information system within the scope of the Operator's identification data, the purpose of personal data processing, a list of personal data and the necessary additional information,
- information on the source from which it obtained its personal data for processing,
- a list of personal data that are the subject of processing,
- liquidation of his/her personal data whose purpose of processing has ended,
- liquidation of his/her personal data that are the subject of processing, if there has been a violation of the law,
- blocking his/her personal data due to withdrawal of consent before its expiry date.
- You can send us any questions related to the protection of your personal data via email to: admin@amaterky.sk or directly to the address of the Operator.
Article XI. Final provisions
- The regulation of legal relations between the Operator and the Client is contained in the GTC, which are part of the order, which the Client shall become acquainted with before confirming the subscription to the fee-based Service.
- Legal relations not regulated in the GTC are governed by the valid legal regulations of the Slovak Republic.
- Separately differently contractually regulated legal relations between the Operator and the Client take precedence over the GTC, the scope of the GTC may be excluded only by the Agreement between the Operator and the Client.
- These GTC enter into force and effect on 01.10.2014