Terms and conditions

As at: 1 January 2020

xdate is the leading sex portal in Switzerland for the publication of advertisements and other advertising (hereinafter the "Portal"). The operator of the platform is the Swiss Online Marketing Solutions AG (hereinafter the "Operator").

These General Terms and Conditions (GTC) govern the rights and obligations of both the operator and the portal users (hereinafter uniformly the "users"). Supplementary or additional terms and conditions and other legal documents may exist for individual or additional functions and services.

Information on data protection can be found in the privacy policy.

Functions and services of xdate.ch
1. The portal is aimed on the one hand at users who wish to enter and publish advertisements and other advertising (hereinafter collectively the "advertisements") for services which they offer and provide independently and autonomously of the portal (hereinafter the "services") (hereinafter collectively the "advertisers"). On the other hand, the portal is aimed at users who visit the portal in order to call up advertisements for services and to contact advertisers (hereinafter uniformly the "Visitors").
2. The operator makes the portal available to users on a view-only basis. The operator may offer functions and services on the portal free of charge or subject to a fee. The current scope of functions and services as well as any fees and other costs are shown in the form of price lists and other information on the portal. The operator is entitled to adjust the functions and services offered as well as any fees and other costs at any time. The operator may allow users to purchase credits and otherwise have credit available in order to be able to pay for chargeable functions and services.
3. The operator is entitled to send messages to users by e-mail, instant messaging, SMS and via other communication channels. Such messages may also contain advertising. Users may object to the receipt of communications containing advertising for the future for each communication received ("opt-out").
4. The users, i.e. advertisers and visitors, communicate directly and on their own responsibility, in particular via published contact addresses. The users conclude any contracts in connection with services on their own responsibility. Only the users involved are bound by any contracts between users and any pre-contractual exchange. The performance of the contract is the sole responsibility of the users involved. Information, notifications and other content on the portal serve exclusively to inform the users concerned.
5. The operator is neither a contractual party nor a representative of users in connection with services. The operator does not guarantee that users will comply with any contractual or other legal obligations they may have towards each other. The execution and/or enforcement of contracts is the sole responsibility of the users involved.
6. The operator is not obliged to monitor the behaviour of users on the portal. In particular, the operator is not obliged to check advertisements and other content of users for their legality or other admissibility as a precaution. The operator accepts no liability whatsoever for advertisements and other content of users. In case of doubt, users are obliged to check advertisements and other content of other users themselves.
7. The operator follows the Swiss Code of Conduct Hosting (CCH) in the case of advertisements and other content that is reported as not lawful or otherwise not permitted. Reports or notices from affected persons to the operator must in particular comply with the requirements of the CCH.
Use of xdate.ch
1. Use of the portal is restricted to natural persons and legal entities who have unlimited capacity to act. Natural persons using the portal must be of age, i.e. 18 years or older.
2. The operator may provide for mandatory registration as a user for the use of the portal or for the use of individual functions and services. The operator is entitled to refuse registration at any time - also subsequently - and without stating reasons.
3. Registration with false or fictitious information is prohibited. Only one registration is permitted for each person. The information provided by users must be complete and truthful at all times, even after registration. The operator is entitled - even retrospectively - to check information provided by users or to have it checked by third parties and to demand additional information from users.
4. Users may access the portal exclusively for their own use, including commercial use. Users undertake to use the portal - directly or indirectly - exclusively in compliance with the law in every respect.
5. Registered users undertake to treat their access data to the portal confidentially and to use it exclusively for themselves. Users are not entitled to make their access to the portal directly or indirectly available to third parties, either for a fee or free of charge.
6. The operator is entitled to deny users access to the portal at any time and without giving reasons. If access is denied due to a violation of these GTC, any fees and other costs shall remain owed and there shall be no refund of any fees and other costs already paid.
7. Users undertake to meet all their obligations towards the operator in full and on time at all times. In particular, users undertake to pay any fees and other costs on time. The operator is entitled to make chargeable functions and services dependent on payments on account and advance payments. Only a means of payment in the user's name may be used for payment. There is no entitlement to a refund of paid fees and other costs.
8. Any fees and other costs are due immediately, unless the operator grants a payment deadline. Users are automatically in default if payment is not made on time without a payment reminder. In the event of default, the Operator is entitled to charge interest on arrears of 10.0% per annum and a fee of CHF 25.00 for each payment reminder. The operator is entitled to deny defaulting users access to the portal and to assign claims against users to third parties or to commission third parties with collection.
9. The use of the portal may be temporarily, partially or completely unavailable, in particular for technical reasons. The operator does not assume any guarantee for the availability of the portal.
Advertisements and other content at xdate.ch
1. By entering advertisements and other content, users declare their consent to publication on the portal and via any other communication or publication channels of the operator. Publication also includes contact addresses so that visitors can make contact. Users grant the operator a non-exclusive, transferable and sub-licensable right of use, unlimited in time and place, to the content entered, including content protected by trademark and copyright.
2. The operator may refuse the publication of advertisements and other content at any time without stating reasons. The operator may enrich advertisements with metadata and is entitled to adapt advertisements at any time at its own discretion and without consultation, in particular to improve appearance, formatting or readability.
3. The operator is not liable for advertisements that are not published or are published incorrectly. Advertisers are obliged to inform the operator of advertisements that have not been published or have been published incorrectly so that the operator can take appropriate measures.
4. Advertisers undertake to guarantee the topicality, quality, correctness and completeness of advertisements. In particular, advertisements may only refer to services that are actually provided by advertisers. Advertisers bear sole responsibility for all content of advertisements. Advertisers must immediately delete advertisements that are no longer current.
5. Users undertake to enter only advertisements and other content that is legally compliant. Users undertake in particular not to publish any discriminatory, personality-injuring, racist, harmful, criminal, unfair or unsafe content. Advertisements and other content that show genitals, depictions of violence or human excretions or advertise them in any other way are prohibited. Advertisements and other content that show or otherwise advertise sexual acts with minors - including apparently minors and minors in virtual form - or animals as well as unprotected sexual intercourse are prohibited. In the case of content that is suspected of being criminal or otherwise unlawful, the operator is entitled at any time to file a criminal complaint against the users concerned or to bring criminal charges.
6. Users further undertake not to enter any content that contains false, misleading or defective information or - both directly and indirectly - advertising for comparable operators such as the Operator and comparable portals such as the Portal. The collection of content in connection with money games, home-based work, network marketing, personnel leasing, snowball systems or gift circles is prohibited.
7. The use of content that infringes intellectual property rights, personal rights or other rights of third parties is prohibited. Specifically, the user confirms that they own the copyrights to published texts, images and video material. The operator is entitled to demand proof of copyright or, in case of doubt, to delete such content.
Liability
1. The operator is only liable for direct damage caused by its own gross negligence or intentional actions. Any further liability of the operator for direct damage is expressly and fully excluded. Any liability of the operator for indirect damages and consequential damages, for claims of other users or possible third parties as well as for loss of profit is expressly and fully excluded. Any liability for auxiliary persons is excluded.
2. Users are expressly and fully liable to the operator and any third parties, irrespective of fault, for all direct and indirect costs as well as for damages arising from violations of these GTC or in connection with the portal. In the event of fraud, attempted fraud and violations of these GTC in connection with credits and credit balances as well as with the payment of chargeable functions and services, the Operator is entitled to impose a contractual penalty of a flat rate of CHF 1,000.00 on the offending Users.
3. The indemnification also includes claims by other users or any third parties. The users concerned indemnify the operator against all claims by other users and any third parties and undertake to bear all costs - including lawyers' and court costs - and damages incurred by the operator in this connection.
Final provisions
1. Automated access to the portal, for example with bots, scripts or comparable means, is prohibited.
2. The Operator is entitled to discontinue the operation of the Portal at any time, permanently or temporarily, and in whole or in part, without notice and without stating reasons. The operator is entitled to have individual or all rights and obligations arising from these GTC exercised by third parties or to transfer them to third parties.
3. Should any provision of these GTC prove to be unenforceable, invalid or ineffective, the enforceability, validity and effectiveness of the remaining provisions shall not be affected thereby. In this case, the parties undertake to replace the unfulfillable, invalid or ineffective provision with a fulfilable, valid or effective provision that comes closest in terms of content and economic effect to the original intention of the parties. This severability clause does not apply to users who are consumers.
4. The operator is entitled to amend these GTC at any time and without giving reasons. Users will be informed of relevant changes to these GTC in an appropriate manner.
5. These GTC are exclusively subject to Swiss law with exclusive place of performance and jurisdiction at the registered office of the operator, provided that the users are not consumers or consumers respectively. In particular, the court at the domicile or registered office of one of the two parties shall have jurisdiction for actions brought by consumers or consumers in the event of disputes arising from consumer or consumer contracts, and the consumers or consumers may in particular invoke the law of their domicile.