1. Introductory Provisions

    1. For the purposes of these Terms and Conditions the below terms have the following meaning:

      โ€œCivil Codeโ€ means Act No. 89/2012 Sb., the Civil Code, as amended;

      โ€œContentโ€œ 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;

      โ€œCookie Policyโ€ means the cookie policy described in art. 12.2 below which forms an integral part of these Terms;

      โ€œContractโ€ means a contract under 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;

      โ€œCopyright Actโ€ means Act No. 121/2000 Sb., regulating the copyright, rights related to copyright, and amending other acts, as amended;

      โ€œDeviceโ€ 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;

      โ€œLegally Competent Personโ€ 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;

      โ€œOperatorโ€ means ALPHAFLY MEDIA s.r.o., with its registered office at Rybnรก 716/24, Starรฉ Mฤ›sto, 110 00 Prague 1, Czech Republic, ID No.: 08986819, 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;

      โ€œPrivacy Policyโ€ means the privacy policy described in art. 12.1 below which forms an integral part of these Terms;

      โ€œProfileโ€ means the personal profile of the User on the Website. The Profile consists of: (i) a non-public part, including the information about Remuneration; and (ii) a public part accessible by other Users;

      โ€œReceived Remunerationโ€ is defined in art. 7.7;

      โ€œRemunerationโ€ means financial reward determined by the Operator and paid out to the User for publication of Content on the Website under the conditions of these Terms;

      โ€œRegistrationโ€ means a procedure of creating the Userโ€™s Profile;

      โ€œServicesโ€ are defined in art. 2.1 below;

      โ€œTermsโ€ mean these Terms and Conditions, which form an integral part of the Contract;

      โ€œUserโ€ or โ€œyouโ€ means any person who entered the Website;

      โ€œWebsiteโ€ means this website;

  2. Basic Provisions

    1. 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 (โ€œServicesโ€). In addition, the Website may contain other content, such as texts, messages, files, data, information, images, videos and other materials or code.

    2. 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. You expressly acknowledge that the Operator shall not be liable for content or defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Operator does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website.

    3. 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 these Terms when this option is made available, you are entering into a legally binding Contract between you and the Operator.

    4. By 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.

    5. We may update the Website from time to time and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and the Operator is under no obligation to update it. The Operator does not guarantee that the Website, or any content on it, will be free from errors or omissions. The Operator also reserves the right to interrupt or terminate the operation of the Website and/or the provision of the Services.

  3. Registration

    1. Only a Legally Competent Person is authorised to perform the Registration. The Registration is free of charge.

    2. 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 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 Userโ€™s identity (e.g. a copy of the identity card or passport, etc.) or any information about the User.

    3. 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.

    4. By completing the Registration, the User confirms that he/she has made the Registration as aย Legally Competent Person completely freely, voluntarily, without any threat of physical violence or not in distress.

    5. 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 Userโ€™s mood, opinions or emotions, or any similar means of communication. The above applies primarily to the registration (login) name and registration password of the User.

    6. 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 [email protected].

    7. After completing the Registration, the User is entitled to create a personal Profile on the Website and is authorized to publish the Content in the scope allowed by the Operator, fully in line with these Terms. The Operator is not liable for any unauthorized use of the Profile on the Website.

  4. Rights and Obligations of the User in the Use of the Website

    1. When using Services by accessing the Website through any Device, Users are obliged to fully comply with these Terms.

    2. When using the Services, the User undertakes:

      1. To adhere to all obligations stipulated by generally binding legal regulations;

      2. Not to use the Services and Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

      3. Not to use the Services and Website for the purposes of harming or attempting to harm minors in any way;

      4. 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;

      5. To ensure that all Legally Competent Persons who access the Website through the Userโ€™s internet connection or account are aware of these Terms and other applicable terms and conditions, and that they comply with them;

      6. 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

      7. 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 license.

    3. 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:

      1. 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, honor, 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;

      2. Real portraits of people or animals when dying, mutilated, tortured, suffering or abused, or any content inciting to violence;

      3. 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;

      4. Inflammatory religious comments and/or inaccurate quotes of religious texts;

      5. 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;

      6. Annoying political or religious opinions, including excessive and inadequate use of national or religious symbols; and/or

      7. Content that would encourage fraudulent or another behavior in conflict with the generally binding legal regulations.

    4. In addition, the User may particularly not:

      1. 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;

      2. Jeopardize other visitors of the Website by spreading computer viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code or items designed to adversely affect the operation of any computer software or hardware;

      3. Attempt to gain unauthorized access to the Website, the server on which Website is stored or any server, computer or database connected to the Website. You must not attack the Website, especially via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. The Operator will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing all information about you to them without necessity to inform you about it. In the event of such a breach, your right to use the Website will cease immediately.

      4. In any way interfere with the Website content, in particular jeopardize 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 authorization; or

      5. Use the Website to sell goods or services or to distribute advertising materials.

    5. 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.

    6. 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.

    7. You may link to the Website, provided that you do so in a way that is fair and legal and does not damage the Operatorโ€™s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

    8. You agree to cooperate with the Operator in causing any unauthorized framing or linking immediately to cease. The Operator reserves the right to withdraw any linking permission without notice.

  5. Operatorโ€™s Liabilityย 

    1. You use the Website at your sole risk. The Operator provides the Website โ€œas isโ€ and โ€œas availableโ€. To the fullest extent permitted by applicable laws the Operator expressly disclaims all warranties of any kind related to the Website and Services obtained through the Website, whether express or implied. You will be solely responsible for any damage to your Device and systems or loss of data that results from your use of the Website.

    2. The Operator does not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your Device, programs and platforms in order to access the Website. You should use your own virus protection software. The Operator will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material specified in art. 4.4 that may infect your Device, programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

    3. The Operator is not liable to any User for any loss or damage, whether related to mutual contractual relations, breach of statutory duty, or other, even if foreseeable, caused by or arising in connection with:

      1. use of, or inability to use, the Website;

      2. use of or reliance on any content displayed on the Website.

    4. 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.

    5. 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.

    6. 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.

    7. The Operator is not liable for the loss of Userโ€™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.

    8. 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.

    9. TThe Operator is authorized 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.

    10. To the extent permissible by applicable laws, you agree to defend, indemnify and hold harmless the Operator and any affiliates to the Operator from and against any and all third party claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to usual attorneyโ€™s fees) arising from: (i) your use of and access to the Website in violation of any term of these Terms; (ii) your violation of any third party right, including, but not limited to, copyright, property, or privacy right; (iii) any of your conduct in violation of any term of these Terms. This defense and indemnification obligation will survive these Terms and your use of the Website. You agree that the Operator shall have the sole right to control the legal defense against any such claims, demands, or litigation. This is without prejudice to the Operatorโ€™s and third partiesโ€™ claim for damages (regarding both material and non-material damage) arising from the breach of any obligation of the User.

    11. The Operator reserves the right, in exceptional and isolated cases, to monitor the correspondence of Users on the Website, including but not limited to chatting. This monitoring may occur when it is deemed necessary to prevent criminal activity by Users or third parties or in other similarly grave cases and shall only do so to the extent necessary to address the specific concern. By using the Website, Users acknowledge and consent to this article.

  6. Content Posted by Users

    1. 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. Users acknowledge and agree that they are solely responsible for ensuring that any Content they upload, post, share, or otherwise make available on the Website is in compliance with applicable laws, especially, but not exclusively, laws regulating child exploitation and human trafficking.

    2. It is our policy to respond to notices of violation of the applicable laws and to respond to these notices and to take measures listed in this art. 6. The Operator will remove all Content if properly notified that such Content is in violation of applicable laws. The Operator reserves the right to remove such Content without prior notice along with a justification for the removal.

    3. Where the Operator becomes aware of any information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person or persons has taken place, is taking place or is likely to take place on the Website, it shall promptly inform the competent law enforcement or judicial authorities of its suspicion and provide all relevant information available.

    4. The User guarantees to the maximum 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 license under the prior sentence additionally contains the right to fully or partly transfer the license to any third party or grant the sub-license to any third party in full scope. The Operator is not obliged to use the license. The User undertakes to ensure the smooth exercise of Operatorโ€™s rights arising from the granted license and take all legal actions to remove limitations in the exercise of these rights without undue delay and without a call.

    5. 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 โ€“ see art. 14.3 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.

    6. Users acknowledge and agree that they are solely responsible for ensuring that any Content they upload, post, share, or otherwise make available on the Website does not infringe the intellectual property rights of any third party.

    7. The Operator undertakes make the best efforts to obtain authorization to use the Content that infringes the intellectual property rights of a third party and, in case of failure to do so, to make the best efforts to ensure the unavailability of Content that infringes the intellectual property rights of a third party for which this third party has provided the Operator with the relevant and necessary information.

    8. The Operator respects the intellectual property rights of third parties and expects the Users to do the same when uploading Content to the Website. It is our policy to respond to notices of alleged intellectual property infringement that comply with applicable intellectual property law and to respond to these notices and to take measures listed in this art. 6. The Operator will, at the request of the third party rightsholders, provide the rightsholder with reasonable information on the processes under this art. 6.

    9. 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 anotherโ€™s intellectual property rights. The Operator reserves the right to remove such Content without prior notice along with a justification for the removal and undertakes to use its best efforts to prevent the re-uploading of such Content.

    10. The Operator does not tolerate the posting or sharing of non-consensual pornography (also known as "revenge porn") on the Website. Any content that contains revenge porn, whether real or fictional (also known as โ€œdeep fakeโ€), will be promptly removed from the Website and the User will be provided with a justification for the removal. This includes images, videos, and any other type of Content that is designed to sexually exploit or humiliate an individual without their consent.

    11. By using the Website, you agree not to post or share Content that contains revenge porn. If you become aware of any such Content on the Website, please report it to us immediately. The Operator takes reports of revenge porn seriously and will investigate all reports promptly.

    12. Any User who violates the provisions of this art. 6 by uploading Content may, at the Operator's sole discretion, be subject to the cancellation of the Registration and the authorization to use the Services by the User pursuant to art. 9.5 of these Terms.

    13. 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.

    14. The User may delete his/her own Content from the Website. The Operator may remove any Content upon his sole discretion.

  7. Remuneration

    1. The Operator may provide the User with a Remuneration for the video Content he/she uploads to the Website. The amount of the Remuneration is 1 USD per one (1) uploaded video Content item, whereas this amount may be multiplied in cases of exceptionally active Users (determined at the Operator's discretion). The amount of Remuneration is credited to, displayed within, and stored in the Profile and it can be paid out under conditions set out in art. 7.7 to 7.12 of these Terms.

    2. The Operator is in no way liable for any transfer or conversion of Remuneration from the Profile to the Userโ€™s bank account, especially in connection with the conversion of Remuneration into currencies other than USD, except for cases for which the Operator is exclusively liable. The User acknowledges that the transfers and conversions of Remuneration are made by third parties which, in particular, administer the relevant payment system, and the Operator has no influence on this payment system.

    3. A Profile is only available to the User on the Website. An overview of the total Remuneration for all previously (as per conditions set out in art. 7.5 to 7.6 of these Terms) uploaded video Content that has not been paid out yet (in accordance with art. 7.7 to 7.12 of these Terms) is available under the gold coin badge ($) next to the โ€œUploadโ€ button, unless determined otherwise by the Operator. Remuneration is shown in USD only and paid out in USD, EUR or CZK depending on the User's currency.

    4. From time to time, the Operator shall announce competitions on the Website, on the basis of which the Remuneration for the User may be exceptionally increased. The conditions of the competition will be published on the day of the launch of the competition here: https://www.xfree.com/new-post.

      Entitlement to the Remuneration

    5. The User is entitled to receive Remuneration from the Operator for his/her video Content uploaded to the Website under the following conditions:

      1. The video Content has been verified by the Operator and has been published on the Website;

      2. The User has to be a Legally Competent Person and must identify himself/herself within the video Content by showing a national identification card including his/her photo;

      3. The User has to possess all the necessary consents, i.e. consents of the persons captured in the video Content, and must ensure that all of the persons involved in the video Content are Legally Competent Persons and the video Content is uploaded with their knowledge.

    6. The Operator reserves the right to conduct an inspection of the Userโ€™s video Content and fulfilment of the obligations according to these Terms at any given time.

      Pay out of the Remuneration

    7. The User acknowledges that he/she is not entitled to a pay out of Remuneration, except as stipulated by these Terms, and the pay out of Remuneration will only be enabled to those Users who complete the Registration to the extent specified on the Website. The Operator allows to pay out only the aggregate amount of Remuneration that has been credited to the Userโ€™s Profile for any video Content published in accordance with the requirements in art. 7.5 of these Terms (โ€œReceived Remunerationโ€).

    8. Any pay out of Remuneration to the User will only apply to Received Remuneration unless these Terms provide otherwise. The User is entitled to a pay out of Remuneration only if the value of Received Remuneration is at least 100 USD otherwise no Remuneration will be allowed to be paid out from the Profile.

    9. Remuneration in the Profile can only be paid out upon completion of the relevant form via the Website, unless otherwise specified by the Operator on the Website. The pay out will be made within thirty (30) days of sending a completed form and fulfilling other conditions for such pay out (e.g. checking that the video Content does not conflict with the requirements set out in these Terms, especially with art. 6 and 7.5 of these Terms) through payment means specified by the Operator. If the form is missing some information, the Operator will set an additional period of thirty (30) days in which the User shall submit such missing information.

    10. The Operator reserves its right to hold the full pay out of Remuneration or part thereof for up to one hundred and eighty (180) days if there is a suspicion of fraudulent activities or activities otherwise contradictory to legal regulations or these Terms. The Operator reserves the right to review the uploaded video Content during this period and to verify the identity of the User asking the pay out of the Remuneration. For these purposes, the Operator may especially request information and documents relating to the User and verification of its bank account details.

    11. If the information in art. 7.9 and 7.10 above has not been provided to the Operator within thirty (30) days after such request, the right to a pay out of the Received Remuneration expires.

    12. The User acknowledges that the pay out of Remuneration may also be subject to income tax or other fees and deductions under the law of the country that is applicable to the User; the User is obliged to pay applicable tax from Remuneration in accordance with generally binding legal regulations applicable to the particular User.

  8. License Arrangements

    1. The Website is in the exclusive ownership of the Operator and the Operator is authorized to exclusively exercise all rights to the Website.

    2. 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. This license is 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.

    3. 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.

    4. 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 Userโ€™s copyright work. The User acknowledges that any unauthorized intervention on the Website or unauthorized use of any rights relating to the Website (particularly copyright) may cause harm to the Operator that will be claimed against the User.

  9. Term of the Contract and Termination of the Contract

    1. The Contract is concluded for an indefinite period.

    2. Both the User (with Registration) 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.

    3. 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:

      1. The Registration was made by a person who did not meet the conditions for the Registration:

        1. The User provided incorrect, untrue and/or misleading information in the Registration;

        2. The User has breached any obligation under these Terms or any other obligation stipulated by generally binding legal regulations;

        3. The Website is terminated or its operation is significantly limited;

        4. The Operator loses the authorization to operate the Website or the authorization is suspended; or

        5. Insolvency or similar proceeding is initiated in respect of the User.

      2. The User did not fulfill the obligations stipulated in art. 6 and 7 of these Terms, especially if he/she did not ensure the truthfulness of the warranties or the fulfilment of the respective legal provisions.

    4. If the Contract is terminated based on art. 9.3.2, the User shall lose the right to obtain any Remuneration for the published video Content and loses the right to a pay out of the Received Remuneration, which shall be deleted from his/her Profile.

    5. The termination of the Contract results in the cancellation of the Registration and the authorization 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.

    6. If the Contract is terminated, the Operator is authorised to entirely or partially delete all Content recorded by the User on the Website.

  10. Notification

    1. 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 Operatorโ€™s email address [email protected] or to another e-mail address of the Operator specified on the Website.

    2. Any notification, request or communication to be made to the User under these Terms will be made by email to the Userโ€™s email address, through the Website, or in another appropriate way.

    3. 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.

    4. Any notification, request or another communication will be deemed delivered to the other party 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.

  11. Reporting Content

    1. Any notification regarding content which breaches any generally binding legal regulations and/or these Terms shall be delivered to the Operator in writing to the email address published for this purpose on the Website.

    2. DMCA Compliance: To report alleged copyright infringements under the DMCA, users must fill out the DMCA report form available at xfree.com/takedown.

      1. Upon receipt of a valid DMCA notice, the Operator will promptly remove or disable access to the infringing material and notify the content provider.

      2. Users may submit a counter-notice if they believe their content was wrongfully removed. The counter-notice must include:

        1. The user's physical or electronic signature.

        2. Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or access disabled.

        3. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.

        4. The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or, if outside the United States, for any judicial district in which the Operator may be found, and that the user will accept service of process from the person who provided the initial notification of alleged infringement.

    3. General Reporting: For other types of content violations, notifications should include:

      1. Information regarding the person making the notification, including contact details.

      2. Identification of the content in question and its complete URL address.

      3. A detailed explanation of why the content violates these Terms or any generally binding legal regulations.

    4. The notifying party is responsible for the accuracy and justification of their notifications. Misrepresentations or unjustified claims may render the notifying party liable.

    5. The Operator reserves the right to temporarily suspend the processing of notices from parties who frequently submit unfounded complaints or notices.

  12. Other Applicable Terms

    1. Privacy Policy, which sets out the terms on which the Operator processes any personal data collected from you or that you provide to the Operator. By using the Website, you warrant that data provided by you are accurate.

    2. Cookie Policy, which sets out the terms on which the Operator declares what cookies are active on the Website, what User data the Operator tracks, for what purpose, and where this data is sent.

  13. Complaints

    1. 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 [email protected].

    2. The Operator undertakes to handle the complaint filed by the User in accordance with these Terms within thirty (30) days from the delivery of the Userโ€™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 Userโ€™s entitlement to have the complaint settled will cease to exist.

    3. The Operator will make the final decision on the complaint. The User must provide evidence to support their complaint (e.g., a screenshot), and if no evidence is provided, the complaint may not be considered. The evidence provided by the User should be credible and conclusive. In case of a conflict between the evidence provided by the User and the evidence held by the Operator, the Operator's evidence will be considered unless the Operator decides otherwise.

  14. Final Provisions

    1. The contractual relationship between the Operator and the User is governed by 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.

    2. In accordance with Act No. 634/1992 Sb., on consumer protection, as amended, the User is entitled to an out-of-court settlement of a consumer dispute arising from the Contract. The entity which is authorized to deal with such out-of-court dispute is the Czech Trade Inspection Authority. Detailed information is available at www.coi.cz. An out-of-court settlement of a consumer dispute is commenced solely at the suggestion of the User and only if the dispute with the Operator was not resolved directly. The petition may be filed no later than one (1) year after the date when the User exercised his/her right which is the subject matter of the dispute for the first time in relation to the Operator. The User is also entitled to initiate the out-of-court settlement of the dispute through the ODR platform available at https://ec.europa.eu/consumers/odr/. The out-of-court settlement of the dispute is not deemed to be mediation or arbitration and is without prejudice to the partiesโ€™ right to approach the Czech Trade Inspection Authority or a court with a claim. For the duration of the out-of-court settlement of the dispute, limitation periods set out in the Civil Code, do not continue nor start until one of the parties to the dispute explicitly refuses to continue the proceeding.

    3. Although the Operator is not subject to the law of the United States, it voluntarily complies with the provisions of 18 U.S.C. ยง 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. ยง 2257(h)(2)(B)(v) and 47 U.S.C. ยง 230(c), the Operator reserves the right to delete Content if it is deemed, in the Operatorโ€™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. ยง 2257 and 28 C.F.R. ยง 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.

    4. 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 Operatorโ€™s registered office.

    5. The Operator is authorized 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 authorized to offset his/ her receivables against receivables of the Operator, or to assign his/ her receivable from the Operator.

    6. 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 is not capable of changing these Terms unless accepted by the Operator entirely and unreservedly. Any amendments or variance relating to the proposal of the Operator for a change in the Terms are governed by art. 14.8 of the Terms.

    7. In the event that any provision of the Contract or these Terms becomes ineffective, invalid, 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. For the avoidance of doubt, any potential ineffectiveness, or invalidity or unenforceability of any of the provisions of these Terms does not result in the ineffectiveness, invalidity or unenforceability of the Terms as a whole.

    8. 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 art. 9 and 10. 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 art. 9.2 (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.

    9. 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.

    10. These Terms become valid and effective on 11. 10. 2023