For the purposes of these Terms and Conditions the below terms have the following meaning:
“Civil Code” means Act No. 89/2012 Sb., the Civil Code, as amended;
"Content" means a contribution of the User to the Website, which may be accessed by other Users. The Content may include text, software, scripts, graphics, photos, sounds, music, videos, audio-visual depictions (combinations), interactive features, textual content, and/or other materials according to the options available on the Website, which can be viewed, uploaded, published, submitted, made available, displayed, communicated or posted on, or transmitted to other Users or other person or accessed through the Website;
“Contract” means an innominate contract within the meaning of Section 1746 (2) of the Civil Code concluded between the Operator and the User, under which the Operator has undertaken to allow to the User to use the Services, and under which the User is entitled to use the Services and obliged to fulfil the obligations arising from the Contract and these Terms;
“Copyright Act” means Act 121/2000 Sb., regulating the copyright, rights related to copyright, and amending other acts, as amended;
“Device” means any device that can be used by the User to enter the Website and use the Services, for example a desktop, a laptop, a tablet or a smartphone;
“Legally Competent Person” is an individual who has reached the age of eighteen (18) years and has become fully legally competent; if the individual is not a citizen of the Czech Republic, he/she must be fully legally competent in accordance with the law of the state in which he/she is a citizen, or in accordance with the law of the state which is applicable to the individual;
“Operator” means ALPHAFLY MEDIA s.r.o., ID No.: 08986819, with its registered office at Rybná 716/24, Staré Město, 110 00 Prague 1, entered in the Commercial Register maintained by the Municipal Court in Prague, file No. C 328727, or another entity associated to the company providing Services to Users;
“Profile” means the personal profile of the User on the Website.
“Registration” means a procedure of creating the User’s Profile;
“Services” are defined in art. 2.1 below;
“Terms” mean these Terms and Conditions, which form an integral part of the Contract;
“User” or “you” means any person who entered the Website;
“Website” means the website www.xfree.com.
The Website allows for uploading, sharing and general viewing of various types of adult-oriented Content by Users, who desire to particularly share and view videos or other audio-visual depictions of such Content, including sexually explicit materials, through any Device (“Services”). In addition, the Website may contain other content, such as texts, messages, files, data, information, images, videos and other materials or code.
The Website may contain links to third party sites that are not owned or controlled by the Operator. The Operator has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites.
By using or visiting the Website, or any of its content, functionality and services offered on the Website, whether as a guest or a registered user, or by expressly accepting this Terms, when this option is made available, you are entering into a legally binding Contract between you and the Operator.
Upon accessing the Website through any Device, you confirm that you are a Legally Competent Person and you agree that you will use any of the Services provided through the Website in private, for your own personal use; you also further warrant that the content of the Website (including Content) does not offend or otherwise threaten you and you are entering the Website voluntarily.
Only a Legally Competent Person is authorised to perform the Registration. The Registration is free of charge.
The Registration is made on-line via the Website on any Device. The Registration is completed, if the User completes all the information that is required on the Website (primarily the registration name, registration password and identification information), and the Registration is subsequently confirmed by the Operator.
The User is obliged to provide correct, true and accurate information upon Registration and inform the Operator without undue delay about any changes in the provided information.
By completing the Registration, the User confirms that he/she has made the Registration as a Legally Competent Person completely freely, voluntarily, without any threat of physical violence or not in distress.
The information provided by the User in the Registration must not contain any offensive, defamatory, outrageous and socially unacceptable words (particularly in conflict with good manners and generally binding legal regulations), phrases, graphical expressions (e.g. emoticons) that would express User’s mood, opinions or emotions, or any similar means of communication. The above applies primarily to the registration name and registration password of the User.
The Operator is entitled to refuse to complete the Registration. In addition, the Operator is entitled to request the submission or provision of other information or documents of the User before the completion of the Registration, particularly to verify the User’s identity (e.g. a copy of the identity card or passport, etc.) or any information about the User.
The User is fully responsible for the use of the login name, password and/or other login details entered in the Registration. Users are obliged to keep their login information confidential and safe and take appropriate steps to maintain the security and confidentiality of their login information (particularly by not using easily identifiable login information and by regular changing of login information). In the event of disclosure, alienation or misuse of login information, the User is obliged to immediately change the login information and notify the Operator without undue delay by sending an e-mail to firstname.lastname@example.org.
After completing the Registration, the User is entitled to create a personal Profile on the Website and is authorised to publish the Content in the scope allowed by the Operator, fully in line with these Terms. The Operator is not liable for any unauthorised use of the Profile on the Website.
Rights and Obligations of the User in the Use of the Website
When using Services by accessing the Website through any Device, Users are obliged to fully comply with these Terms.
When using the Services, the User undertakes:
To adhere to all obligations stipulated by generally binding legal regulations;
Not to (directly or indirectly) allow or mediate the access to the Website to a third party that is not a Legally Competent Person, primarily to the display of the Content, entry to the Website or the Registration, or any other (direct or indirect) use of the Services;
Not to enter the Website and use the Services at places (in particular, publicly accessible) where their contents may have an insulting, humiliating or immoral effect on third parties and places where it is banned by generally binding legal or internal regulations, i.e., for example, in the premises of public administration and local government authorities; and
Not to violate intellectual property (copyright, trademarks, patents etc.) of the Operator or a third party, particularly not to provide access to, publish, copy, distribute, misuse or use in any manner the content of the Website (including Content), i.e. materials, videos or audio-visual recordings, etc. protected, in particular, by the Copyright Act or other generally binding legal regulations without a consent or a relevant licence.
The User further undertakes that, during the use of Services consisting in publishing or sharing Content or in communicating with another User, the Content or communication will not contain in particular:
Derogatory, offensive, outrageous or socially unacceptable references, comments, phrases, words or graphic or other expressions concerning religion, race, sexual orientation, sex or certain groups of persons or expressions that may affect personal rights of third parties (personality, dignity, honour, seriousness, privacy, individual nature expressions, physical integrity) or having any threatening or offending nature, primarily if such reference or comment is capable of causing detriment to an individual or certain group of persons;
Real portraits of people or animals when dying, mutilated, tortured, suffering or abused, or any content inciting to violence;
Images that support illegal or ill-advised use of weapons and other potentially dangerous objects, or that facilitate purchase or manufacturing of weapons or other potentially dangerous objects;
Inflammatory religious comments and/or inaccurate quotes of religious texts;
Incorrect information and qualities relating to the User; the User may not present himself or herself as another person, including the publication of the content that is not part of the actual identity of the User;
Annoying political or religious opinions, including excessive and inadequate use of national or religious symbols; and/or
Content that would encourage fraudulent or another behaviour in conflict with the generally binding legal regulations.
In addition, the User may particularly not:
Use the Website to promote, list, publish other services, applications or websites similar to the Website in terms of content or otherwise, and promote, list and publish advertisements and other statements close to them in nature; promote, in any manner, another businessman through the Website (who is a competitor to the Operator), and publish any material capable of damaging the reputation or interests of the Operator;
Jeopardise other visitors of the Website by spreading computer viruses or other harmful or fraudulent electronic content;
In any way interfere with the Website content, in particular jeopardise or disrupt its operation, data content or integrity by decompiling its source code, compromise its confidentiality and security, or obtain personal data of other Users without authorisation; or
Use the Website to sell goods or services or to distribute advertising materials.
Trademarks, logos, graphic art, images, photographs, animations, videos and texts that appear in the Website and have not been created by the User, may not be reproduced, used, published, distributed, sold or displayed by the User without the prior written consent of the Operator.
The User undertakes to inform the Operator without undue delay about any breach of the obligations stipulated in these Terms. Each User is obliged to inform the Operator about any breach of the Terms by another User and report any undesired or defective Content of the Website published by another User by sending a message to the Operator or directly through the Website.
When using the Services, the Operator is not liable for services supplied by third parties, such as the internet connection quality, quality of telecommunication services supplied by the relevant operator or amount of fees or exchange rates determined by payment institutions, etc. The User understands that he/she cannot exercise any claim in respect of the Operator relating to the content, scope or quality of the Services, and the User undertakes not to exercise such claims in respect of the Operator; if such claims would arise, the User waives them when they arise.
The Operator bears no liability for any statements or comments of the User published on the Website or in the User Profile to the extent permitted by law.
The Operator is not liable for the prevention of or limitations in the use of the Services by the User as a result of the Website unavailability caused by failures in the internet network operations, as well as other technical circumstances that the Operator cannot influence or the resolution of which requires the cooperation of third parties.
The Operator is not liable for the loss of User’s data. The Operator reserves the right to limit or temporarily discontinue the operation of the Website without compensation in justified cases of technical failures on the part of the User or the internet network.
The User acknowledges that the access to the Website and consequently to the use of the Services may be limited or suspended due to technical or other reasons. The Operator is not liable for unintended failures in the operation of the Website of technical nature.
The Operator is authorised to suspend the provision of Services to the User in the event of any breach of these Terms by the User. The Operator bears no liability for any harm incurred by the User as a result of the above suspension of the Services, and the User is not entitled to receive any compensation for the harm incurred by the User as a result of such suspension.
The User bears all legal consequences that arise directly or indirectly from the breach of the obligations of the User, whether obligations under these Terms or obligations stipulated by generally binding legal regulations. The User is further obliged to compensate the Operator for all third-party claims and costs arising from such exercised third-party claims against the Operator as a result of any breach of obligations by the User. This is without prejudice to the Operator’s and third parties’ claim for damages (regarding both material and non-material damage) arising from the breach of any obligation of the User.
The User is not entitled to make the Operator liable for any legal claims of third parties arising from the Content, Registration, use of the Services, the Website or in any relation to them, in any manner.
Content Posted by Users
The User guarantees to the maximum reasonable extent that, within the meaning of the Copyright Act, he/she is the sole author of the Content that he/she has published or made available on the Website (i.e. including the Profile and its contents) and that he/she is entitled to disclose, distribute and handle this Content in any way to the necessary extent, and that the Content is not subject to third-party rights. If the User adds such Content in order to publish it (including texts, photos, images, drawings or graphic works etc.), the User grants the Operator an unlimited (in terms of territory and quantity), free, non-exclusive licence for the duration of copyright ownership rights, which authorises the Operator to use the Content in all manners permitted by law, in particular, to distribute, process, translate or modify this Content as well as create short samples of the Content or join (combine) the Content with another content or file (the entitlement will survive termination of the contractual relationship under the Contract without limitations). The licence under the prior sentence additionally contains the right to fully or partly transfer the licence to any third party or grant the sub-licence to any third party in full scope. The Operator is not obliged to use the licence. The User undertakes to ensure the smooth exercise of Operator’s rights arising from the granted licence and take all legal actions to remove limitations in the exercise of these rights without undue delay and without a call.
The User affirms, represents, and warrants that: (i) all persons depicted in the Content freely and voluntarily consented to the production of the Content, and (ii) the User is in compliance with any applicable records keeping (including those imposed by 18 U.S.C. Section 2257 and 28 C.F.R. 75 – see art. 13.2 of the Terms) or age verification laws and regulations. The Operator may, in his sole discretion, require the User to provide him with written evidence of the foregoing within five (5) working days of the date of the request.
The User shall be solely responsible for his own Content and the consequences of posting, uploading, publishing, transmitting, or otherwise making available the Content on the Website.
The Operator does not endorse any Content submitted by any User or other licensor, or any opinion, communication, recommendation, or advice expressed therein, and the Operator expressly disclaims any and all liability in connection with Content. The Operator does not permit copyright infringing activities and infringement of intellectual property rights on the Website and will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. The Operator reserves the right to remove Content without prior notice.
If any of the Content contains ideas, suggestions, documents, etc., the Operator will have no obligation of confidentiality, express or implied, with respect to such Content, and shall be entitled to use, exploit, or disclose (or choose not to use or disclose) such Content in his/ her sole discretion without any obligation whatsoever.
The User may delete his/her own Content from the Website. The Operator may remove any Content upon his sole discretion.
The Website is in the exclusive ownership of the Operator and the Operator is authorised to exclusively exercise all rights to the Website.
The User is granted a conditional, royalty-free, time-limited for the term of the Contract, non-sublicensable, non-transferable and non-exclusive license to access, view, and display the Website and the Content, to create and display transient copies of the Website and the Content as necessary to view it, conditioned upon the agreement to display the Website whole and intact as presented by the Website host, complete with any advertising, to not interfere with the display of any advertising, and to not use ad blocking software of any kind, solely for personal use.
The User shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Website and/or any Content for any other purposes without the prior written consent of the Operator or the respective licensors of the Content. The Website and their licensors reserve all rights not expressly granted in and to the Website and the Content.
No monitoring of or interventions in the technical or factual content of the Website is allowed (e.g. decomposition, decompiling, decrypting or reverse analysis of any software or aspect included within the Website). The User has no right to make backup copies of any content of the Website that is not the User’s copyright work. The User acknowledges that any unauthorised intervention on the Website or unauthorised use of any rights relating to the Website (particularly copyright) may cause harm to the Operator that will be claimed against the User.
Term of the Contract and Termination of the Contract
The Contract is concluded for an indefinite period.
Both the User and the Operator are entitled to terminate the Contract by notice of termination, which may or may not state reasons for the termination. The notice period is thirty (30) days from the delivery of the notice to the other party to the Contract.
The Operator is entitled to terminate the Contract with immediate effect after the delivery of the notice to the User without any prior request or warning if:
The Registration was made by a person who did not meet the conditions for the Registration:
The User provided incorrect, untrue and/or misleading information in the Registration;
The User has breached any obligation under these Terms or any other obligation stipulated by generally binding legal regulations;
The Website is terminated or its operation is significantly limited;
The Operator loses the authorisation to operate the Website or the authorisation is suspended; or
Insolvency or similar proceeding is initiated in respect of the User.
The termination of the Contract results in the cancellation of the Registration and the authorisation to use the Services by the User. In such case, the User shall not access the Website anymore, and the Operator may block such access.
If the Contract is terminated, the Operator is authorised to entirely or partially delete all Content recorded by the User on the Website.
Unless the Operator provides otherwise, any notification, request or communication to be made to the Operator under these Terms will only be made by email and sent to the Operator’s email address email@example.com or to another e-mail address of the Operator specified on the Website.
Any notification, request or communication to be made to the User under these Terms will be made by email to the User’s email address, through the Website, or in another appropriate way.
The parties undertake to notify each other about any changes in contact addresses without undue delay and without being obliged to conclude an amendment to the Contract.
Any notification, request or another communication will be deemed delivered to third parties to the maximum possible extent permitted by generally binding legal regulations on the third (3rd) day after it was sent, even if the party does not read the message received by any of the methods listed in these Terms. The above listed delivery method applies to the communication of any message, i.e. particularly upon the termination of the Contract by the Operator.
Any notification regarding Content which breaches upon any generally binding legal regulations and/or these Terms shall be delivered to the Operator in writing to the e-mail address published for this purpose on the Website.
Such notification shall contain at least the following information:
information regarding the person who makes the notification, including his/ her contact information;
identification of the Content in question as well as the whole unique URL address of the Content;
a declaration containing statement that the Content is in breach of the Terms or any generally binding legal regulations;
an explanation of the reasons why such Content is in violation of the Terms or of any generally binding legal regulations;
in the event of a suspected copyright infringement, the notification shall also specify the following:
which work the copyright is related to;
who is the authorized copyright holder;
evidence that the upload of the respective Content constitutes copyright infringement.
The notifying party is responsible for making sure the notification is correct, truthful, complete, rightful and justified. The notifying party is liable for any misrepresentation, as well as incorrect, untruthful and unjustified claims.
Other Applicable Terms
In the event that, for reasons on the part of the Operator: (i) it is not possible to use the Service due to Website inaccessibility or error or (ii) the Operator has failed to fulfil another obligation under these Terms, the User is entitled to file a complaint with the Operator regarding these defects. The User is entitled to complain about the above defects without undue delay, but no later than within fourteen (14) days of the day when the User detected or could detect these defects. The User is entitled to file a complaint at firstname.lastname@example.org.
The Operator undertakes to handle the complaint filed by the User in accordance with art. 12.1 of the Terms within thirty (30) days from the delivery of the User’s complaint to the Operator and remedy the defective condition without undue delay as allowed by its capacities, providing the complaint is justified. The User is obliged to provide the Operator with all necessary assistance to this end. If the complaint is filed later, the User’s entitlement to have the complaint settled will cease to exist.
The Operator decides on the complaint with final effect. The complaint will be supported by records of the Website, unless the User provides other credible records of conclusive facts. In the event of a conflict between the records of the Website and the records presented by the User, the records of the Website prevail unless the Operator decides otherwise.
The contractual relationship between the Operator and the User is governed by the Czech law, in particular by the Civil Code. In the event of a conflict, the Contract, including the Terms, takes precedence over the non-mandatory provisions of the Civil Code.
Although the Operator is not subject to United States law, it voluntarily complies with the provisions of 18 U.S.C. § 2257 (record-keeping requirements) and its regulations and warrants that any actual human beings depicted in image, videos or audio-visual recordings appearing on the Website had been over the age of 18 at the time those recordings were recorded.
Exemption: Content produced by the Users
The Operator is not the producer of any Content consisting in depictions of actual or simulated sexually explicit conduct. More specifically, the Operator limits its handling of such Content, and only performs the activities of transmission, storage, retrieval, hosting, and/or formatting of the Content that may depict sexually explicit conduct which appears within the Website as the result of actions taken by the Users. All parts of Website that contain user-generated Content are under the control of the relevant User. Pursuant to 18 U.S.C. § 2257(h)(2)(B)(v) and 47 U.S.C. § 230(c), the Operator reserves the right to delete Content if it is deemed, in the Operator’s sole discretion, to be indecent, obscene, defamatory, or inconsistent with the Website policies and the Terms.
Designated records custodian
Without limiting in any way the applicability of the above-stated exemption, the Operator has designated itself as a custodian in order to keep the records described in 18 U.S.C. § 2257 and 28 C.F.R. § 75 for marketing and advertising materials that contain depictions of actual or simulated sexually explicit conduct and which have been acquired or created by the Operator for the purpose of promoting the Website.
The aforementioned records and their custodian (the Operator) can be found at the registered office of the Operator.
Any disputes arising from or in connection with the Contract, including the issues of validity, interpretation, implementation or termination of the rights arising from this Contract will be referred to a Czech court having the subject-matter and territorial jurisdiction according to the Operator’s registered office.
The Operator is authorised to offset any of its receivables against the receivables of the User, primarily any damages, detriment, unjust enrichment, costs and other performance. The User is not authorised to offset his/ her receivables against receivables of the Operator, or to assign his/ her receivable from the Operator.
Any proposal for a change in the Terms must be made in accordance with these Terms. In the event of any proposal of the User for a change in the Terms, such proposal must be accepted by the Operator entirely and unreservedly, otherwise it is not capable of changing these Terms. Any amendments or variance relating to the proposal of the Operator for a change in the Terms are governed by art. 13.7 of the Terms.
In the event that any provision of the Contract or these Terms becomes ineffective, unenforceable or putative, the remaining provisions of the Contract or these Terms will remain valid. In this case, the parties will replace such ineffective, unenforceable or putative provisions by a provision which comes as close as possible to the economic purpose of the ineffective, unenforceable and putative provision.
The Operator is entitled to change these Terms unilaterally to a reasonable extent. The Operator must inform the User about any change in the Terms, which does not concern only a change in formal parameters, references, numbers or similar components, or a typo or incorrect calculation, in accordance with these Terms, and the User is entitled to refuse the change within ten (10) days of receipt of the proposal for changes in the Terms if the User sends a notice of termination of the Contract in the manner specified in Article 9.1 simultaneously with the refusal of changes. A reasonable extent to which the Operator is entitled to propose a change means primarily the manner of using the Website, conditions of mutual communication, technical conditions of the Registration, conditions of the Website operation, method and scope of using the Services, etc. If the proposal for a change in the Terms is not rejected, the change in the Terms becomes binding for the User. If the User terminates the Contract, the Contract will be terminated in the manner specified in Article 8.2 (i.e. with a 30-day notice period). During the notice period, the relationship between the Operator and the User is subject to the Terms in the unchanged version.
Any potential ineffectiveness or invalidity of any of the provisions of these Terms does not result in the ineffectiveness or invalidity of the Terms as a whole. The Operator undertakes to replace such provisions by a valid provision which comes as close as possible to the material content and economic result of the original provision.
The User hereby explicitly agrees and grants its consent with the assignment or transfer of rights and obligations of the Operator or parts thereof to any third party or parties. The Operator undertakes to inform the User about any such assignment or transfer.
These Terms become valid and effective on 2020/10/08.