General Terms and Conditions ❤️

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General Terms and Conditions

CONCERNING THE SERVICES

1. DATA CONCERNING THE SERVICE PROVIDER

According to Czech law the following T&C are applicable.

The present document will not be filed, it is only concluded in an electronic, online form, and is not to be considered as a written contract. Its scope covers the legal relations specified on the webpage of the service provider https://massage.dating and on its international subdomains. The present General Terms and Conditions is permanently accessible from the menu of the webpage.

Please read the General Terms and Conditions carefully before you start using the webpage.

2. FUNDAMENTAL PROVISIONS:

2.1 The objective of the webpage’s service is to provide an opportunity for publishing erotic massage services, dating advertisements, ratings and reviews for users. The service makes it possible for registered Members to access the data sheets of other registered natural persons and to establish contact with them.

2.2 In matters not regulated in the present GENERAL TERMS AND CONDITIONS and for their interpretation EC, EU and international legislation shall prevail, the obligatory stipulations of the relevant legislation shall be considered as normative and binding for the parties without any special exception.

2.3 The Service Provider reserves all sorts of rights concerning the contents indicated on the webpage, parts of the webpage and their dissemination. It is strictly forbidden to download the content published on the webpage, to store or process them electronically or to resell them without the preliminary written consent of the Service Provider.

2.4 By purchasing/registering at the website, the user declares and acknowledges to have read and accepted the present GENERAL TERMS AND CONDITIONS and the conditions of the Communication on Data Processing published at the website, the user consents to data processing and is fully aware of our business policy, conditions for granting discounts.

2.5 The Service Provider shall not be held liable for any delivery delays or other problems and faults due to incorrectly and/or imprecisely provided data.

2.6 The Service Provider shall not be held liable for the damages due to users forgetting their passwords or making their account accessible for unauthorized persons due to any reasons not attributable to the Service Provider. Instead of the forgotten password the user can request a new one.

2.7 On entering the website, by implicit behaviour the Users declare themselves to be of full age, to have completed 18 (in other countries 21) by clicking on the link to enter the webpage and are aware of the fact that the visit to the webpage and the viewing of erotic content is not forbidden by national legislation in the country according to the place of residence or place of stay and this is not contrary to any binding regulations.

2.8 The user is not authorized to use the webpage for any purposes which may be considered as illegitimate, unfair or harms the webpage or third persons.

2.9 Our webpage is considered as a hosting provider where we link advertisers’ profiles with those of the visitors. The Service Provider only ensures the advertiser and contact platform with moderation and data protection.

3. REGISTRATION

3.1. The webpage distinguishes between advertising Users (masseuses, massage parlors) and normal Users (typically men), together referred to as Members.

3.2. The services can only be used by persons of adult age, based on voluntarty decision.

3.3. In case if the User enters the webpage operated by the Service Provider or reads its content in any way – even if he or she is not a registered user at the webpage, shall consent to be bound by the contents specified in the Conditions. In case if the User does not accept the conditions, he or she is not entitled to view the content of the webpage.

3.4. By registering, the User confirms to have read and accepted the contents of the present GENERAL TERMS AND CONDITIONS and the conditions of the Communication on Privacy Policy / GDPR, consents to data processing.

3.5. Users are liable to provide their own, real personal data during registration. In case if users provide unreal data or data that can be linked to other persons during registration or use the emerging contract shall be considered void. The Service Provider excludes its liability in case if the user uses the webpage’s services on behalf of another person or with another person’s data.

3.6. The Service Provider shall not be held liable for any delivery delays or other problems and faults due to incorrectly and/or imprecisely provided data.

3.7. The Service Provider shall not be held liable for the damages due to users forgetting their passwords or making their account accessible for unauthorized persons due to any reasons not attributable to the Service Provider. Instead of the forgotten password the user can request a new one.

Advertiser User (member)

3.8. Given the profile and the name of the site, only adult people are allowed to advertise on our site.

3.9. Only independent advertisers and parlors are allowed to register at the webpage, it is not possible for other advertisement pages with similar activity. In case if we find profiles and links leading to such pages, we are going to delete them wihout any prior notice.

3.10. Registration for advertisers is free, they only have to pay for the advertisement and the special use.

3.11. For registration only an e-mail address and a password is required, after that they have to confirm, this is how they can enter the webpage.

3.12. Advertising slots and surfaces can be bought in the registration profile. This can take place with registration or any time later on.

3.13. The advertiser User selects the type of advertisement and the product is added to the shopping cart in the webshop. Registration is required to purchase an advertisement. After confirmation, the User can choose to pay by credit card or cryptocurrency.

3.14. A user wishing to advertise can choose between different advertising options. In addition to free advertising, there are several payment periods, 30 days, 180 days or 1 year, and different price categories depending on the location of the ad and the quantity of ads.

3.15. The advertisements can be VIP profiles, which will appear in the listing pages, highlighted before the free advertisements, by default in random order. VIP profiles are given priority in several places where advertisers appear, such as videos, agency listings or social media shares.

3.16. Paid advertising can be a BANNER display. Banner ads are placed in the advertising bar on the right side of the pages on desktop and in mobile view between the ads on the listing pages. 600x300px ad banners are essentially links. A normal User can click on these to navigate to a third page, which is typically the advertiser’s own advertising profile within the page. Banner must be provided by the advertiser, the Service Provider only provides the display. Banners that have been uploaded and accepted after moderation will rotate, i.e. change position randomly. Fixed positions can be purchased on an individual agreement.

3.17. The advertiser is allowed to have more than one VIP and Banner ad at the same time.

Normal User (Visitor)

3.18. Individuals of legal age are allowed to view the advertisements and other content of the website without registration.

3.19. There are several ways how the User can contact advertisers.

3.20. In case if the selected advertiser provided her telephone number, the user can contact the advertiser directly or via meseengers (WhatsApp, Viber, Telegram, etc

3.21. By sending a message.

3.22. By sending a email.

3.23. The messaging is carried out via the Service Provider’s server. The Service Provider handles the data confidentially and encrypted, and does not disclose them to third parties or know their content.

4. USER CONTENT AND CLAUSES

4.1. Rules and regulations concerning user content shall be considered as valid in case of each and every content uploaded by the registered users (including texts, images, photos, videos and other content).

4.2. Pursuant to this Agreement, the users take responsibility for the information they published. The publication of false and offending data result in the immediate termination of the Agreement and the banning of the registered Member.

Nevertheless, we would like to draw your attention to the fact that our means and possibilities to control the quality, compatibility or the security of the Members are limited, furthermore this also applies to the truth content, accuracy or completeness of any information published at the website. Since we do not revise the information published on the website in each case, you sign the present agreement by accepting that the information concerning all the other Members can be inaccurate or deceptive despite the prohibitions described in the present General Terms and Conditions.

4.3. We do not take any responsibility for the differences between the image displayed on the site and the actual appearance of the advertiser. The Service Provider tries to filter out photos that do not depict the advertisers, however, the images displayed on the data sheets may differ from the real ones and may be used as illustrations.

4.4. By providing their personal data, advertisers consent to the data processing which means that they decide to share individual or special data. We do not do any profiling on the webpage, apart from data protection information we do not use the data for any other purposes but as the site is public, we explicitly warn advertisers that others may misuse their data, so they should be very careful about the data and information they share about themselves.

4.5. The photos on the webpage are uploaded by the registered advertisers, thus it is the user who is responsible for the photos, their authenticity and copyrights and the text belonging to the photos.

4.5.1. Photos with a text, logo, phone number or e-mail address shall not be uploaded to the website.

4.5.2. No photo can be uploaded that does not include the advertiser. These photos will be deleted without warning.

4.5.3. Posting photos or videos of genitalia or sexual acts is strictly prohibited. Such content will be deleted and the corresponding profile may be suspended.

4.6. All the users are entitled to contact the advertisers as a result of their own decision and at their own risk without having to ask for the consent, control or permission of the Service Provider, however, the Service Provider would like to free the system of false profiles in which the User is also free to take part.

4.6.1. Visitors have the possibility to report fake photos or scam advertisers through the site by using a form.

4.6.2. The Service Provider will investigate the reports in each case and, if necessary, will request the advertiser to verify the authenticity of the advertisement or, after repeated complaints, the advertisement may be removed without prior notice.

4.7. Multiple advertising by the same person, providing false information or using photos of other persons is a serious breach of contract. These profiles will be deleted immediately, the advertiser will be refused the right to advertise on our site in the future and the fee paid for the advertising period will not be refunded.

4.8. The user ensures an international, irrevocable, non-exclusive and royalty-free licence for the owner of the webpage to reproduce, publish, translate and sell the contents.

4.9. The user guarantees that the content complies with all these requirements.

4.10. The content cannot be illegal or illegitimate, shall not breach the rights of a third person and shall not make it possbile to bring legal proceedings against the person that uploaded the webpage or the content, as a third person.

4.11. We reserve the right to modify, edit or delete the content uploaded by the users, regardless of whether it is stored on our servers or if it is visible on the webpage if it is offensive to others, if its quality, content and style does not fit the webpage’s general spirit, ethos, standards or if the person who uploaded the content has breached the rules of the GENERAL TERMS AND CONDITIONS.

4.12. Photos or videos where advertiser not clearly identifiable, poor quality or contain any of the following are not allowed:

genitalia
sexual acts
logos that are too large and centered
website or email address
telephone numbers
advertising of any product
advertising other services
border
large emojis
child pornography
violence
or corresponds to a verification photo

We would like to draw your attention that violation of these rules may result in suspension of your account.

With special regard

shall not abuse the Service or information published through the service in any way.
it is not allowed to attempt an unauthorized access to any information published at the Service or networks ensuring the service.
shall not publish and/or copy information or materials in any way which would relate to intellectual property rights, apart from cases when the consent was obtained in advance.
shall not copy in full, nor in part the information and data published at the website (including – not exclusively – information published on other members’ data sheets) for purposes other than this Agreement.
shall not send out newsletters, spams or junk mail to other Members
shall not hand over, transfer, share user rights and/or entitle any third person for using the service instead of him/her.
shall not forward and/or publish and/or send e-mails to other Members with information, images and/or other material which contain pornographic, racist, offending, defamatory, harrassing, outrageous, threatening, slanderous and/or rude content; shall make a declaration of honour that no punishable crimes pursuant to the Civil Code will be committed on the webpage.
shall not forward and/or publish and/or e-mail information, photos and/or other materials that are suitable for offending other Members’ political and/or religious opinion, or the possession, forwarding of which is against the law.
shall not upload material on the Service which contain viruses or which are subject to copyright protection.
shall not break into other Member’s mail accounts.
shall not use equipment, software or programme that attempt to interfere with the proper use of the webpage.
it is strictly forbidden to demonstrate offensive behaviour, encouragement to racial prejudice or popularizing such ideas.
it is forbidden for users to create multiple accounts, in order to avoid misleading users.

5. INTELLECTUAL PROPERTY OF USERS

5.1. The contents, functions, design, domain name of the website and other elements of the website are in possession of Massage Dating which are subject to international legal protection.

It is forbidden:

to copy the webpage’s content (using it on another webpage)
to sell, lease or do sales activity related to the webpage content
to present the webpage’s content to the public
to copy, to make duplicates or use any kind of contents for commercial purposes
to change, modify the contents of the webpage
resell or use any kind of contents for business purposes (e.g. newsletter)

6. PAID ADVERTISEMENTS

6.1. The users can purchase Banner and VIP advertisements for marketing purposes. Their price depends on the product type, the selected country and the advertisement period. You can find more information about payment possibilities on the advertisement page.

6.2. Since the external links are not controlled by Massage Dating and the related pages are supposedly not in our possession, before clicking on a page owned by a third party, please read the Communication on Privacy Policy / GDPR carefully and the present GENERAL TERMS AND CONDITIONS.

7. REPAYMENT GUARANTEE, WARRANTY

7.1. Within 48 hours of the purchase the users are entitled to make use of the refund guarantee for new orders. The repayment guarantee is valid if it can be proven that the purchase was unlawful or unauthorized or if we found the reason acceptable.

7.2. The user, in this case the consumer shall accept that he or she is not entitled to exercise the right of withdrawal:

in case of the contract regarding the service following the completion of the service if the enterprise has begun the completion after the consumer’s explicit, preliminary consent and the consumer has accepted the loss of termination rights after the completion of the service;
regarding a product or service whose price and fee cannot be impacted by the enterprise, and until the open deadline for exercising the right of withdrawal it depends on the possible volatility of global markets;
regarding the data content provided via a non-material digital storage media if the enterprise has begun the completion with the consumer’s explicit, preliminary consent and the consumer declared at the same time to have acknowledged the loss of the right of withdrawal.

7.3 Warranty conditions

We provide the Service in its present form and it is not guaranteed that the Service or any of its parts will fulfil the User’s requirements, objectives and/or expectations. We only provide the Service, not its effectiveness, thus we do not take any responsibility for guaranteed contacts with other Members during the subscription.
We do not guarantee accessible information through the Service in any way.
We do not warrant for faults in the Service, its results, accessibility and/or smooth operation if the faults are due to the inappropriate operation or breakdown of the telephone network, phone lines or online computer systems, servers or service providers, computer hardware, softwares, overloaded e-mail or Internet.
The webpage is only a platform which serves the purpose of publishing information about the Members and to make it possible for everyone to get in touch with other Members through the Service at their own discretion.
As a User you declare that you are aware of the fact that information published by other Members on their data sheets only reflect how they characterize themselves. We suggest that you should not suppose that all the information published on the Data sheets is necessarily correct and precise.
We do not check each and every data sheet for the correctness and accuracy of data, we do not check whether they are misleading. We do not confirm or guarantee that the data specified on the data sheets are correct and we do not take any kind of responsibility for checking any information on the data sheets.
Before you act relying on the information published on a data sheet, or on information that you obtained via the Service, we suggest that you – at your own cost – do all your best to investigate their correctness
We do not guarantee that the Service will be available 100% but together with the hosting service provider we make our best efforts to troubleshoot the problem, be it a problem with the server, the internet or technical faults.
We do not take any warranty for the authenticity of advertiser data but we do our best to track and filter false profiles.

8. TERMINATION

8.1. We can terminate your access to the website and its contents at any time without cause. The Members are also entitled to terminate their registration at any time.

9. EXTERNAL LINKS

9.1. Our webpage may contain links which do not direct the visitor to pages operated by Massage Dating. Please read the GENERAL TERMS AND CONDITIONS and the Communication on Privacy Policy / GDPR of these sites carefully.

10. EXCLUSION OF LIABILITY

10.1. The Service Provider excludes liability in terms of authenticity, content, completeness, legality, reliability, smooth operation or availability regarding information or material published as part of the service. The Service Provider shall not be held liable for the behaviour of its users.

11. DATA PROCESSING

11.1. The data protection and data processing information of the topescortbabes.com webpage, its subpages and other pages complies with the requirements of the regulations of the protection of natural persons in terms of personal data processing, on the free movement of such data, the 2016/679 (27 April 2016) regulation of the EUROPEAN PARLIAMENT AND THE COUNCIL (EU) and the repealing 95/46/EC regulation (regulation on general data protection), and the recommendations of the “Online Privacy Alliance”. See the communication of Privacy Policy / GDPR.

12. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS

12.1. The Service Provider is entitled to unilaterally amend the GENERAL TERMS AND CONDITIONS. The amendments shall be published on the website at least 11 (eleven) days before they enter into force. With the use of the webpage the Users accept that all of the regulations regarding the use of the website are automatically valid.

13. LEGAL REMEDY

13.1 In case if you have any objections or complaints, you can contact the company at the availabilities specified in the present GENERAL TERMS AND CONDITIONS. We handle complaints in writing and free of charge in each case.

13.2 In case of a written complaint we investigate the complaint following its receipt and we send a written notice about the results within 30 days of reporting the complaint.

13.3 If the complaint is about advertisers, we will deal with them in accordance with Chapter 4 of the General Terms and Conditions. To report such complaints, a nickname and a confirmed email address shall be required.

13.4 We will process reports of abuse of personal data and requests for removal of personal data by email to [email protected] or by post to our postal address. The notifier must provide the following:

name
address or e-mail address
phone number
type of notification
description and cause of the complaint
needs and demands related to the complaint
copy of the documents that you can present to justify your complaint
other data required for the investigation of the complaint

13.5 The written complaints – including the records about the complaints prepared during the personal hearings – and the responses to the complaints are going to be archived for five years. After the retention period has elapsed, the data storage devices (documents) are going to be scrapped. The personal data registered in the complaint register are used exclusively for the sole purpose of complaint handling and assessment.

13.6 In case if your complaint is fully or partially rejected or if the deadline specified for the investigation of the complaint did not bring any results, you can bring your case to the following authorities and bodies:

For advertisers: Our customers having a place of residence or stay in the European Union can use the online dispute resolution platform concerning the products and services purchased through the internet. The online dispute resolution platform is available at the following link:https://webgate.ec.europa.eu/odr/main/?event=main.home.show
For members: In case of contracts concluded on online surfaces the consumer can also use the online dispute resolution platform operated by the European Union which is available at the following link: http://ec.europa.eu/odr

Visitors and users in general: can turn to the National Consumer Protection Authority and the conciliation panels that are competent in their place of residence. The conciliation panel is responsible for the out-of-court settlement of consumer disputes between the consumer and the enterprise related to the quality, safety of the product, the application of product liability rules, the quality of the service and related to the conclusion and fulfilment of contracts between the parties (consumer disputes). For this purpose the conciliation panel tries to reconcile the parties, in case if no results are achieved, makes a decision in order to ensure the simple, quick, effective and cost-efficient validation of consumer rights.

14. OTHER PROVISIONS

14.1 The present Agreement is concluded exclusively between us and you, third parties are not entitled for any contractual rights, thus third persons are not entitled to enforce the completion of the Agreement. This provision does not concern the members of our company group that have the right to execute the Agreement as if we were executing it. By the conclusion of the present Agreement any rights of third persons concerning the execution of the present Agreement are terminated regardless of third persons’ consent.

14.2 You shall not transfer this agreement or any rights related to the Service to a third person. However, we are entitled to transfer the rights or obligations related to the Service and arising out of this Agreement. In case if our rights are transferred to our legal successor, we get rid of all the responsibility arising out of the present Agreement.

14.3 If any advertisement published on the website infringes your privacy rights, you can report it to us as described in section 13.4.

14.4 If we do not take immediate actions against your infringing behaviour, this does not mean that we confirm the breach of contract and it does not give ground for any other infringements.

14.5 The present document contains the full agreement between us and you, as Parties. In case if any competent authority considers a part or the full text of the agreement unenforceable or void, the remaining parts and provision of the Agreement remain valid and continue to be in force.

14.6 The Service Provider is entitled to use a contributor in order to fulfil its obligations arising out of the present contract. The Service Provider is liable to take full responsibility for the infringing behaviour of this party just as if the Service Provider had committed the infringing behaviour.

14.7 In case if any parts of the present GENERAL TERMS AND CONDITIONS becomes void, illegitimate or unenforceable, this does not concern the validity, legitimacy and enforceability of the remaining provisions and parts of the Agreement.

14.8 In case if the Servcie Provider does not exercise its rights arising out of the present GENERAL TERMS AND CONDITIONS, failure to exercise such rights shall not be considered as renunciation of that right. Renunciation to any rights is only valid in case if there is an explicit written declaration related to that. The fact that the Service Provider does not strictly insist on fulfilling one of the conditions or provisions contained in the GENERAL TERMS AND CONDITIONS on one occasion, does not mean the renunciation of the strict fulfilment of that condition or provision in the future.

14.9 The Service Provider and the User do their best to settle their disputes in an amicably way, out of court.

14.10 In some countries legislations might be different, or the GENERAL TERMS AND CONDITIONS may require special conditions and complements. The User/Visitor/Member/Advertiser can find information concerning your country in Annex I. In case if there is no Annex I attached, the GENERAL TERMS AND CONDITIONS are valid without complements.

14.11 The present GENERAL TERMS AND CONDITIONS are valid as of January 01, 2024 and shall be in force until withdrawn.

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