Podmínky užívání a Ochrana osobních údajů
BY APPLYING FOR ACCESS TO THE GAYHORRORPORN.COM WEBSITE (hereinafter the "SITE") YOU FULLY AGREE TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE AND BY ALL FUTURE AMENDMENTS AND MODIFICATIONS OF THESE TERMS OF SERVICE (hereinafter the "TERMS"). The TERMS constitute a binding agreement between you and the owner, operator and provider of the SITE, the company SIMPLY DIGITAL s.r.o., company registration number: 09139613, with its registered seat at Sokolovská 428/130, 186 00, Praha 8 - Karlín, Česká republika (hereinafter the “COMPANY”), concerning your use of the SITE. If you do not agree to be bound by the TERMS contained herein, then do not use the SITE.
COMPANY may revise and modify the TERMS at any time. Changes of the TERMS are effective when posted on the SITE without notice to you other than appearing on the SITE.
The SITE provides online entertainment services (video and photo materials) that may be regarded adult in nature and which may contain graphic depictions and descriptions of explicit sexual activity. You acknowledge that you are aware of the nature of the content offered on the SITE, that you are not offended by such content and that you access the SITE absolutely freely, voluntarily and willingly. Access to any materials appearing on the SITE from jurisdictions where its contents are illegal is prohibited. COMPANY makes no representation or warranty that the content published on the SITE complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws.
In order to use the SITE, you faithfully represent and warrant that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the SITE where the age of majority is greater than eighteen (18) years of age. If you are under the age of eighteen (18) and/or under the age of majority in the jurisdiction you reside and from which you access the SITE, then you are not permitted to use the SITE. You may not permit access to any of materials on the SITE to any persons who are under the age of eighteen (18) and/or under the age of majority in the jurisdiction you reside and from which you access the SITE.
COMPANY provides you one access right to access the SITE and its content by purchasing membership. An access rights is a fee-based license to use the SITE for a period of time that is specified.
You may become access the SITE as a member only upon completion of the registration process and by payment of membership fees. After registration you will receive an e-mail notification with all payment details. By payment of membership fees in compliance with these TERMS and payment details you became a member (hereinafter the “Member”).
You are, as the Member, responsible for paying periodic membership fees. The membership fees are defined on the SITE or in the e-mail with payment details. All membership fees are in USD. The monthly, 3 months and half year memberships are possible only. All memberships will automatically renew upon expiration unless your membership is cancelled within 7 days prior to the end of the current monthly period. Please note that the current monthly period is 30 days.
Members authorize one of COMPANY’s payment processing providers to charge the Member's credit for the ongoing membership fees. Payment of membership fees will be made by automatic debit to the Member's credit card. The Member acknowledges and agrees that the authorization to charge the Member's credit card for membership shall automatically transfer to any successors or assigns of the SITE. The Member may not assign or transfer his or her membership to any other individual or entity.
If COMPANY does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by COMPANY. You, and not COMPANY, are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
COMPANY reserves the right, at any time, to change its fees and billing methods, including the addition of supplemental fees or separate charges for content or services provided by the SITE or changes to services associated with various membership options, effective thirty (30) days after an online posting at the SITE. COMPANY may additionally provide notice of billing changes via e-mail. If any such change is unacceptable to you, you may terminate your membership to the service, as provided below. Your continued use of the SITE following the effective date of a change to such fees and billing methods shall constitute your acceptance of such change.
You are responsible for maintaining the confidentiality of your password and the security of your account, and are fully responsible for all activities that occur using your password or account. Use of an account on multiple computers simultaneously is disallowed. Please notify COMPANY immediately of any unauthorized use of your password or account or any other breach of security.
At any time, and without cause, the membership may be terminated by either COMPANY (by electronic or conventional mail, or by fax) or the Member (by cancelling the membership via the normal cancellation method at the applicable payment processor's billing customer support page.
V. Authorization of use, Intellectual property
COMPANY is the exclusive owner and proprietor of the SITE. The SITE content (means any and all human readable audio and/or visual elements of the SITE, including without limitation, any text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the SITE) and SITE code (means any and all underlying elements of the SITE, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the SITE) as they exist on the SITE are offered to you by COMPANY for limited use pursuant to these TERMS.
The SITE content and SITE code are owned by COMPANY and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Unless expressly permitted elsewhere in the SITE by COMPANY, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the SITE content or code, in whole or in part. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties.
Members are hereby authorized a single access rights to access the service or material located at the SITE. This access rights shall be granted for sole use to one Member. All memberships are provided for personal use only and shall not be used for any commercial purposes or by any commercial entities. Commercial use of either the SITE or any material found within is strictly prohibited unless preauthorized by the COMPANY in written. No material within the SITE may be transferred to any other person or entity, whether commercial or non-commercial. No material within the SITE may be distributed through peer-to-peer networks or any other file sharing platforms. Materials may not be displayed publicly, or used for any rental, sale, or display. COMPANY reserves the right to terminate member´s access rights at any time if the TERMS are breached. In the case that the TERMS are breached, you will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the site.
If you believe that your copyrightable work of authorship has been copied and is being displayed on the SITE in such a way that would give rise to a claim for copyright infringement, please contact COMPANY at the contact form.
VI. Transfer of access rights
Access to the SITE is through a combination of a username and a password. You may not under any circumstances release your access rights to any other person, and are required to keep your access rights strictly confidential. COMPANY will not release passwords for any reason, to anyone other than the member, except as may be specifically required by law or by court order. Unauthorized access to the site is a breach of these TERMS and a violation of law.
You acknowledge that the owner of the site may track through the use of special software each user's entry to the SITE. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, you must immediately notify COMPANY or the site of said security breach. You will remain liable for unauthorized use of service until COMPANY or the site is notified of the security breach by contact form or telephone.
COMPANY collects information from you when you register on the SITE or place an order.
When ordering or registering on the SITE, as appropriate, you may be asked to enter mainly your user name, password and e-mail address. COMPANY may also collect IP address of the computer you are using to access the SITE and other relevant information about you from the payment processing provider you selected from the list of authorized COMPANY’s payment processing providers.
Any of the information we collect from you may be used in one of the following ways: (i) to process transactions, (ii) to provide you entertainment services and to administer your membership, (iii) to send informative or commercial e-mails.
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company [except the selected COMPANY’s payment processing provider] for any reason whatsoever, without your consent, other than for express purpose of service requested.
The e-mail address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
All financial data will be processed by one of the authorized COMPANY’s payment processing providers in order to initiate and complete any orders placed on your account. The payment processors have separate and independent terms and privacy policies and it is your obligation to read and submit to these terms and privacy policies.
If you send COMPANY any personal communication or correspondence by any means, to the SITE, or any of its employees, agents or representatives, COMPANY may collect the information regarding that communication and include that information in your database.
COMPANY implement a reasonable security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. However, no data transmission over the internet can be guaranteed to be fully secure. As a result, while COMPANY strive to protect your personally identifiable information, COMPANY cannot ensure or warrant the security of any information you transmit, and you do so at your own risk.
On the basis of your visit of the SITE, COMPANY may collect passive information about your visit. Passive information is any form of navigational data, aggregate data, click-stream data, tracking data, historical data etc. It may include the domain name of your internet service provider, referral data, browser and platform type etc. COMPANY use this information to trace how users are accessing and using the SITE.
COMPANY does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist to COMPANY in operating the SITE, conducting COMPANY’s business, or servicing you, so long as those parties agree to keep this information confidential. COMPANY may also release your information when COMPANY believes release is appropriate to comply with the law, enforce COMPANY’s site policies, or protect COMPANY’s or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at COMPANY’s discretion, we may include or offer third party products or services on the SITE. These third party sites have separate and independent privacy policies. COMPANY therefore has no responsibility or liability for the content and activities of these linked sites. Nonetheless, COMPANY seeks to protect the integrity of the SITE and welcome any feedback about these sites.
VIII. Refund policy
COMPANY does not provide cash refunds. Refunds to your credit card will be provided upon request if justified.
COMPANY cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You, as a user, are fully responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. COMPANY does not assume any responsibility or risk for your use of the internet. Your use of the SITE is at your own risk. The content is provided "as is" and without warranties of any kind, either expressed or implied. COMPANY disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. COMPANY does not warrant that the functions or content contained in the SITE will be uninterrupted or error-free, that defects will be corrected, or that the SITE or the server that makes it available are free of viruses or other harmful components. COMPANY does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and COMPANY may make changes or Improvements at any time. You, as a user, and not COMPANY, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of the SITE or its content. COMPANY makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content. COMPANY does not warrant or make any representations regarding the content's appropriateness or authorization for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the SITE, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
Under no circumstances including, but not limited to, negligence, shall COMPANY be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the SITE. Members acknowledge and agree that COMPANY is not liable for any defamatory, offensive or illegal conduct of any user.
Members agree to indemnify and hold harmless COMPANY from any against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of Member's breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Member or COMPANY relating to any services or products offered by or through the SITE, Member agrees to submit to the personal jurisdiction of the courts of the Czech Republic. These TERMS and any relationships based on or relating to the use of the SITE shall be governed by, and construed in accordance with, the laws of the Czech Republic. Any dispute related to a relationship established by these TERMS or occurred with the connection with the transactions contemplated by these TERMS shall be instituted and prosecuted only in the courts of Czech Republic (i.e. exclusive material jurisdiction of Czech courts) and the local venue shall be determined by ordinary court of the COMPANY, which shall be the exclusive venue for any such action, suit or other proceeding.
All questions, complaints, or notices to COMPANY entered at the contact form shall be directed to our electronic mailbox.