TERMS AND CONDITIONS OF USE of the website sexchat24.com
This version is for information only - the only valid version is the one in Slovak!
Contents:
- I. Introductory Provisions
- II. Contents of the Website. Restrictions related to the Website
- III. Parties Involved in the Website
- IV. Registration
- V. Termination of Registration
- VI. Rights and Obligations of Registered Models
- VII. Rights and Obligations of Registered Visitors
- VIII. Advertisements on the Website
- IX. Remuneration of Registered Models
- X. Personal Data Protection
- XI. Alternative dispute resolution for consumers
- XII. Refund / Return Policy
- XIII. Final Provisions
Business company: LiveNet, s.r.o. Based at 930 12 Ohrady, Náprotivná ulica 353/27, Company ID No.: 44 314 213, a company registered with the Business Register of the Trnava District Court, section Sro, file No. 22347/T, as the sexchat24.com website operator, discloses these terms and conditions of use of the website sexchat24.com:
I. Introductory Provisions
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The website sexchat24.com (hereinafter only the "Website") is operated by LiveNet, s.r.o. based at Náprotivná ulica 353/27, 930 12 Ohrady, Company ID No.: 44 314 213 (hereinafter only the "Website Operator").
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Contact details of the website operator:
- Business name: LiveNet, s.r.o.
- Registered office: 930 12 Ohrady, Náprotivná ulica 353/27, Slovakia
- Telephone number for contact with the operator: +421918924889
- Email: info@sexchat24.com
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Complaints and other claims may be filed in writing, by e-mail or through a contact form subject to complaint rules.
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The Website Operator is the exclusive owner of the Website, its contents and design as well as any and all its software belongings.
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The Website Operator reserves the right to change, amend or replace these terms and conditions in the full scope. Replacement of these terms and conditions shall be performed by the issuance of new terms and conditions. The Website Operator undertakes to inform all parties involved in the Website about any change, amendment or replacement of these terms and conditions in form of an e-mail sent to the e-mail address specified in registration with short information about the change, amendment or replacement of the terms and conditions. Any such change or amendment of the terms and conditions as well as disclosure of new terms and conditions shall be binding for the parties involved in the Website upon delivery of the information to the e-mail address as set forth in the previous clause.
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These terms and conditions are binding for all parties involved in the Website.
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These Terms of Use also represent compliance with the operator's obligation to provide information under sec. 3 of Act No. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services based on an agreement concluded remotely or an agreement concluded outside the operating premises of a seller, and on amendments and supplements to certain acts.
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The author's right to the Website belongs to the Website Operator.
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The country of the governing law is the Slovak Republic.
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The website operator informs the registered models that under Act No. 442/2012 Coll. on International Assistance and Cooperation in Tax Administration, as amended by Act No. 250/2022 Coll., the website operator is considered to be a reporting platform operator, and a registered model, if active on the website and generating income through his/her activity, is considered to be a seller. The website operator must at all times, not later than on 31 January of the following year, provide the Tax Office Bratislava with the following information concerning the current year for the purposes of the administration of taxes:
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in the case of a natural person:
- name and surname,
- residence address as the primary address,
- all tax identification numbers assigned to registered models, including all member states that have assigned tax identification numbers, and if there is no identification number, the place of birth of a registered model,
- registered model's value added tax identification number (if available),
- date of birth,
- number/other identifier of financial account, if available to the website operator,
- name of the holder of the financial account to which remuneration is paid or credited, if different from the name of the registered model and if available to the website operator,
- each member state in which a registered model is a resident,
- total remuneration paid or credited during each quarter of the reporting period and the number of selected activities for which said remuneration was paid or credited,
- fees, commissions or taxes taken off or claimed by the website operator during each quarter of the reporting period
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in the case of an agency:
- business name,
- address of the registered office as the primary address,
- all tax identification numbers assigned to the studio, including all member states that have assigned tax identification numbers,
- value added tax identification number of the studio, if available,
- business identification number or registration number,
- information concerning the existence of any permanent establishment in a member state, through which selected activities are performed, if available, listing each respective member state in which such a permanent establishment is located,
- number/other identifier of financial account, if available to the website operator,
- name of the holder of the financial account to which remuneration is paid or credited, if different from the name of the studio and if available to the website operator,
- each member state in which the studio is a resident,
- total remuneration paid or credited during each quarter of the reporting period and the number of selected activities for which said remuneration was paid or credited,
- fees, commissions or taxes taken off or claimed by the website operator during each quarter of the reporting period,
and in all cases, the archiving period for the information is ten years from the end of the calendar year in which such information is provided. And therefore, the website operator will obtain and send the above-mentioned information in accordance with Act No. 442/2012 Coll. on International Assistance and Cooperation in Tax Administration, as amended by Act No. 250/2022 Coll.
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II. Contents of the Website. Restrictions related to the Website
- The Website contains erotic contents for adults and it is designated exclusively for people older than 18 years of age. The webpage creates space for a registered model's presentation and for watching such a registered model's presentation by a registered visitor (hereinafter referred to as the "Service").
- The restricted contents of the Website cover mainly:
- Any verbal or image materials containing practice humiliating human dignity (so-called SM practices, bondage, sexual slavery etc.);
- Any verbal or image materials containing child pornography; i.e. it is restricted to image actual or pretended sexual act, other means of sexual act or other similar sexual act with a child or person looking like a child or to image bared body parts of a child or person looking like a child;
- Any verbal or image materials promoting any type of service, goods, company or person that may be considered as propagation;
- Vulgar, impolite or offending words and gestures;
- Propagating activities of business nature;
- Stimulation of cash transactions outside the Website.
- Any content violating any standards of card associations is forbidden on the website.
- Assessment, whether the materials disclosed on the Website contain the restricted contents, shall be provided by the Website Operator.
- The Website Operator reserves the right to control the materials disclosed by the parties involved in the Website for the purpose of finding the restricted contents.
- If the Website Operator finds the restricted contents, it may decide on:
- Blocking the materials containing the restricted contents;
- Temporary blocking of the party involved in the Website disclosing such a material;
- Closing registration of the party involved in the Website disclosing such a material.
- Due to the Website Operator's resolution pursuant to par. 5 of this Article hereof, no party involved in the Website is entitled to damage compensation or any form of property or other indemnification.
- Any registered model or any registered visitor has the right to report to the Website Operator any such behaviour of another party involved in the Website, which is in breach with this Article of these terms and conditions.
- Restrictions stipulated in this Article of the terms and conditions apply equally to verbal communication of parties involved in the Website as well as to their mutual written communication in form of public chat or private chat and also to their visual communication.
III. Parties Involved in the Website
- Parties involved in the Website are:
- Registered model
- Registered visitor
- Non-registered random visitor.
- Registered model is a natural person older than 18 years of age, who has registered on the Website for the purpose of own presentation through photographs, videos and web camera.
- Registered visitor is a natural person older than 18 years of age, who has registered on the Website for the purpose of viewing the models' presentations.
- Non-registered random visitor is a natural person visiting the Website without the intention to register as a registered model or registered visitor and such a person has no access to services provided by the Website, which are available only for registered models or registered visitors.
- Parties involved in the Website are not in an employment or any other relationship with the Website Operator; they are not the Website Operator's subcontractors
- The Website Operator is entitled to control whether the registered models and registered visitors adhere to the requirements (mainly the requested age) for registration on the Website.
IV. Registration
- Registration on the Website is voluntary. No legal entitlement arises for registration on the Website even in the case that all conditions set by the Website Operator have been fulfilled.
- Registration on the Website is possible only for persons older than 18 years of age.
- The Website Operator is entitled to reject a person's registration without stating a reason.
- Registration on the Website is performed electronically online.
- Within registration, a person shall state whether she or he wants to register as a model or visitor.
- Within registration of models, it is necessary to specify the following data:
- Name and surname
- Birth no.
- Permanent residence
- Bank connection and account number
- E-mail address that must be valid during the entire registration of the person on the Website.
- Within registration of a visitor, it is required to specify a valid and functioning e-mail address and bank connection and account number for the case of credit purchasing via bank account.
- Within registration, the person must state that he or she read these terms and conditions and gave the consent to process his or her personal data. Registration will not be successful without this statement.
- For registration, it is necessary to send scanned personal ID card.
- After completion of the formal registration process, the Website Operator shall check the registering person's personal data, mainly that the person is older than 18 years of age, and send to the e-mail address specified by the registering person, within 24 hours after registration, an acknowledgement whether it accepts or rejects the registration. A notice of registration acceptance is deemed to be a confirmation of a remotely concluded agreement on a durable medium. A confirmation of express consent granted by a registered model or a registered visitor to commencement of the provision of services prior to the lapse of a period for withdrawal from an agreement, stating therein that the registered model or the registered visitor has forfeited the right to withdraw from an agreement.
- The person is fully authorised to access the Website after confirmation of the registration by the Website Operator. Until this moment, the registering person is in the position of a non-registered random visitor.
- Upon a successful registration, a civil contractual relationship arises
between the party involved in the Website and the Website Operator pursuant
to Section 51 of the Civil Code, whose subject is:
- Undertaking of the Website Operator
- to provide for the registered model the possibility of own presentation and disclosure of own physical appearance pursuant to these terms and conditions and, for this purpose, to provide for the registered model an adequate space on the Website;
- to provide for the registered visitor the possibility to view own presentation of a registered model in accordance with these terms and conditions;
- to pay the registered model remuneration stipulated pursuant to these terms and conditions;
- the right of the registered model for own presentation and disclosure of own physical appearance pursuant to these terms and conditions and his or her undertaking to conform to these terms and conditions;
- the right of the registered visitor to view own presentation of a registered model pursuant to these terms and conditions and his or her undertaking to conform to these terms and conditions.
- a legal relation that has started to exist between the website operator on one side and a registered model or a registered visitor on the other side must be reviewed as a legal relation that has started to exist based on a remotely concluded agreement under sec. 2(1) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services based on an agreement concluded remotely or an agreement concluded outside the operating premises of a seller, and on amendments and supplements to certain acts; in this legal relation the website operator shall at all times act within the objects of such website operator's business, while a registered model or a registered visitor, being natural persons, shall at all times act as a consumer.
- Undertaking of the Website Operator
- Registration shall be made without a time limitation.
- By registration, the right of a registered model or a registered visitor to be provided a service by the website operator shall start to exist.
V. Termination of Registration
- Registration may be terminated upon:
- own request of a registered model or registered visitor;
- the Website Operator's initiative.
- Registration shall be terminated upon own request after delivery of an e-mail by a registered model or registered visitor from the e-mail address specified in the Article IV par. 6 (e) hereof to the Website Operator's e-mail address info@sexchat24.com, in which the registered model or registered visitor explicitly requests termination of the registration with the Website Operator. The Website Operator undertakes to fulfill the request within 30 days upon receipt of such e-mail.
- Registration may be terminated from the Website Operator's initiative if:
- It learns that the party involved in the Website is under 18 years of age;
- The person involved in the Website breached Article II of these terms and conditions;
- A non-functional e-mail which you provided upon your registration constitutes grounds to adopt a decision by the website operator on deregistering a person participating in the website, with Art. II. Subsec. 7 hereof applying accordingly;
- The person involved in the Website breached the obligations stipulated in Article VI and VII of these terms and conditions;
- If a person participating in the website has been inactive (has not logged in) for a minimum of one year.
- Due to termination of a person's registration from the Website Operator's initiative pursuant to par. 3 of this Article hereof, no party involved in the Website is entitled to damage compensation or any form of property or other indemnification.
VI. Rights and Obligations of Registered Models
- Registered models have the following obligations:
- Not to enable access to the Website for any person younger than 18 years of age in its use;
- Not to use the Website in time and in places when and where it is restricted (e.g. during working hours, on employer's working PC networks, in places where it might cause public indignation etc.);
- To respect the author's right of the Website Operator and not to copy, disclose, mediate, share or sell information protected under the author's right and shown on the Website without the Website Operator's consent. The above clause specifically applies to photographs and broadcast transmission of parties involved in the Website.
- To respect privacy of the parties involved in the Website and mediated content, including chat; not to disclose their personal data and contact data; this obligation applies equally to the verbal, written and visual communication of parties involved in the Website;
- Not to post comments with offending contents in the mediated content, including chat;
- Not to turn off web camera in private chat;
- To be in front of the web camera in private chat;
- Not to request contact data (e-mail address, telephone number, Skype or icq nick, etc.) from registered visitors;
- Not to provide the above own contact data via chat;
- Not to promote other websites with similar focus;
- Not to show himself or herself entirely bared outside private chat; it is allowed to wear erotic underwear outside private chat and to stimulate sexual arousal by occasional showing bared body or any its part;
- Not to offer services to registered visitors in exchange for services of any kind or gratuitously;
- Not to broadcast empty video (e.g. wall, picture); living acts should participate in the videos;
- Not to broadcast image materials recorded in advance; only live transmission is allowed;
- To behave politely in both public and private chat;
- Not to induce registered visitors to watch their transmission using unfair methods;
- To use, in the profile, own photographs, provided that such photographs do not show bared genitals;
- To stop transmission with, and report, a registered visitor it is found out that the registered visitor is under 18 years of age;
- To be online not less than 2 hours per month;
- To conform to all legal regulations of the country where he or she is at the moment;
- To own only one login name;
- To avoid conduct resulting in double registration, both as a registered model and registered visitor, with the purpose to use own purchased credit as a registered visitor to view own presentation as a registered model.
- The registered model is acquainted that the Website Operator is obliged to provide for bodies acting in criminal proceedings any and all personal and operation data requested by them, mainly in the case of criminal acts of the registered model.
- The registered model is acquainted and agrees that the Website Operator may monitor his or her verbal, written and visual communication on the Website.
- A registered model shall have the right, even without giving a reason, to withdraw from a remotely concluded agreement, by an agreement which a legal relation between such a model and the website operator has started to exist. A registered model may exercise such a model's right to withdraw from an agreement by means of a form available on the website. The period for withdrawing from an agreement shall be 14 days following the conclusion thereof. In the period set for withdrawing from an agreement, a registered model shall not be provided with the services and a registered model shall continue to be deemed an unregistered random visitor, unless such a model has consented to the provision of a service prior to the lapse of the period for withdrawing from an agreement. A registered model shall not have the right to withdraw from an agreement if the website operator has already started providing a service to such a model subject to such a model's express consent granted prior to the lapse of the period for withdrawing from an agreement. A registered model's right to request deregistration shall not be affected by a registered model's right to withdraw from an agreement.
- A registered model shall have the right to file a complaint or to make another claim subject to complaint rules.
VII. Rights and Obligations of Registered Visitors
- Registered visitors are obliged:
- Not to enable access to the Website for any person younger than 18 years of age in its use;
- Not to use the Website in time and in places when and where it is restricted (e.g. during working hours, on employer's working PC networks, in places where it might cause public indignation etc.);
- To respect the author's right of the Website Operator and not to copy, disclose, mediate, share or sell information protected under the author's right and shown on the Website without the Website Operator's consent. The above clause specifically applies to photographs and broadcast transmission of parties involved in the Website.
- To respect privacy of the parties involved in the Website and mediated content, including chat; not to disclose their personal data and contact data; this obligation applies equally to the verbal, written and visual communication of parties involved in the Website;
- Not to post comments with offending contents in the mediated content, including chat;
- To conform to all legal regulations of the country where he or she is at the moment;
- Not to attempt to obtain contact data from registered models (e-mail address, telephone number, Skype and icq nick, etc.);
- Not to provide registered models with own contact data (e-mail address, telephone number, Skype or icq nick, etc.);
- Not to promote other websites with similar focus;
- Not to induce registered models to undress outside private chat;
- To avoid conduct whose subject is agreeing sexual services for any kind of remuneration or gratuitously;
- To communicate with registered models only via public or private chat;
- To report to the Website Operator suspicion that any registered model is younger than 18 years of age and registered using untrue data;
- To own only one login name;
- To avoid conduct resulting in double registration, both as a registered model and registered visitor, with the purpose to use own purchased credit as a registered visitor to view own presentation as a registered model..
- The registered visitor is acquainted that the Website Operator is obliged to provide for bodies acting in criminal proceedings any and all personal and operation data requested by them, mainly in the case of criminal acts of the registered visitor.
- The registered visitor is acquainted and agrees that the Website Operator may monitor his or her verbal, written and visual communication on the Website.
- A registered visitor shall have the right, even without giving a reason, to withdraw from a remotely concluded agreement, by an agreement which a legal relation between such a visitor and the website operator has started to exist. A registered visitor may exercise such a visitor's right to withdraw from an agreement by means of a form available on the website. The period for withdrawing from an agreement shall be 14 days following the conclusion thereof. In the period set for withdrawing from an agreement, a registered visitor shall not be provided with the services and a registered visitor shall continue to be deemed an unregistered random visitor, unless such a visitor has consented to the provision of a service prior to the lapse of the period for withdrawing from an agreement. A registered visitor shall not have the right to withdraw from an agreement if the website operator has already started providing a service to such a visitor subject to such a visitor's express consent granted prior to the lapse of the period for withdrawing from an agreement. Should a registered visitor withdraw from an agreement despite the fact that the website operator has started providing a service based on such a visitor's express consent, such a registered visitor shall be obliged to pay the website operator the price for actually provided performance by the website operator. A registered visitor's right to request deregistration shall not be affected by a registered visitor's right to withdraw from an agreement.
- A registered visitor shall have the right to file a complaint or to make another claim subject to complaint rules.
- The value of one credit shall depend on the following:
- the form of purchasing a credit, the website operator offering the possibility of purchasing a credit by a bank card, a wire transfer, or a SMS.
- the amount of a credit, the website operator offering several possibilities concerning the amount of a credit.
- The amount of a credit and the costs related to purchasing a credit shall be shown to a registered visitor as early as before consenting to purchasing a credit. The purchase of a credit has a nature of an advance payment.
VIII. Advertisements on the Website
- The registered model and registered visitor agree that:
- Advertisements on the Website will be displayed to them;
- Marketing e-mails may be sent to them.
IX. Remuneration of Registered Models
- The Website is paid in form of purchased and used credits.
- The registered visitors may buy the credits through the Website and use them to view registered models in private chat.
- The price of a credit for registered models shall be € 1.
- The minute rate for viewing a registered model in a private chat is set by the registered model who has the right to change the rate; however, he or she may not do so during communication in a private chat.
- Remuneration of the registered model is 50% of achieved credits.
- The registered model can receive a daily bonus amounting of up to €20. Every registered model who conforms to these terms and conditions, is entitled to the above bonus. This bonus shall be credited in the full amount. This bonus is credited in full.
- The amount of the registered model's remuneration, earned based on achieved credits, is published in the registered model's profile. This remuneration is paid to the registered model to a bank account specified by him or her. This remuneration is the registered model's gross income, out of which the registered model pays the income tax. The remuneration is paid to the registered model by the first day of the following month, provided that the remuneration amounts to more than €20. Should the remuneration amount to less than €20, it shall not be paid until it is increased to the minimum amount of €20.
- The Website Operator undertakes to deliver to the registered model a confirmation letter of the remuneration earned via the Website until 31 January of the following year.
X. Personal Data Protection
Deleted from 25.05.2018
XI. Information concerning the possibility and conditions of resolving disputes through the system of alternative dispute resolution
- Under Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments and Supplements to Certain Laws, a dispute between a registered model or a registered visitor and a website operator, arising from an agreement concluded remotely or relating thereto (hereinafter referred to as "Dispute") can be resolved through an entity of alternative dispute resolution, this being the Slovak Trade Inspection.
- The right of any contracting party to refer to a court shall not be affected by alternative dispute resolution, nor completion of alternative dispute resolution shall constitute a prerequisite for an option of referring to a court.
- Registered models or registered visitors have the right to contact the website operator with a request for a remedy to be made if they are not satisfied with how the website operator has handled their complaint, or if they believe that the website operator has violated their rights.
- Registered models or registered visitors have the right to file a petition with the alternative dispute resolution entity for alternative dispute resolution proceedings to be initiated if an application subject to previous Section is rejected by the website operator, or if the website operator fails to respond thereto within 30 days after it is sent.
- Said petition must include:
- the name and surname of a registered model or a registered visitor, the correspondence address, the electronic address and telephone number, if these are at their disposal,
- precise designation of the website operator,
- a full and comprehensible description of the decisive facts,
- what a registered model or a registered visitor seeks,
- the date on which a registered model or a registered visitor contacted the website operator with an application for a remedy to be made, and information that an attempt to resolve Dispute directly through the website operator has been of no avail,
- a declaration that no identical petition in the matter has been sent to another alternative dispute resolution entity, that a court or an arbitration court has not decided in the matter, that no mediation agreement has been concluded in the matter nor alternative dispute resolution proceedings have been completed in the matter under sec. 20(1)(a-e) of the Act mentioned hereinabove.
- Registered models or registered visitors must attach documents relating to the subject matter of Dispute and proving the facts given in the petition.
- A petition may be filed in a documentary or electronic form, or via oral deposition.
- Alternative dispute resolution proceedings shall commence as from the date on which a complete petition is delivered to the alternative dispute resolution entity.
- Alternative dispute resolution proceedings shall end on the date of
- entering into an agreement pursuant to sec. 17 of the Act
- issuing a justified opinion pursuant to sec. 18 of the Act
- postponement of the petition pursuant to sec. 19 of the Act
- death or declared to be dead in the case of a party to Dispute being a natural person
- termination with no legal successor in the case of a party to Dispute being a legal entity
- striking an authorized legal entity off the list.
XII. Refund / Return Policy
In accordance with the registered user express waiver of withdrawal/cancellation right pursuant to clause V.4. to the present agreement, no refund or cancellation request will be accepted in the case the registered user has begun to consume the credit package purchased. In some cases refund is possible, but each case will be evaluated individually. Once approved, refunds can take 10 days to be received at your card. The money is repaid in the same way as the user choose to purchase the credit package. The users may request returning their payments at the address specified in the complaint rules (Section I.).
XIII. Final Provisions
- These user terms and conditions shall come into effect as from 06 August 2023 and shall fully replace the user terms and conditions applicable to the website sexchat24.com currently in force.
- The period for approving an application of a registered model or a register visitor for terminating their registration given in Art. V. Sec. 2) hereof, in force since 26 June 2019, shall only apply to those registered models or those registered visitors who register on 26 June 2019 or later. With respect to the registered models or registered visitors who registered on 25 June 2019 or earlier, the original period for approving an application for termination their registration, i.e. 24 hours following the delivery of the respective application filed by a registered model or a registered visitor for terminating their registration to the website provider, shall apply.
In Ohrady, on 06 August 2023
Advice on exercising the consumer's right to withdraw from an agreement | A specimen form for withdrawing from an agreement