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All the business relationships between the hosting provider (hereinafter: the Company) of the website www.girlslikecum.com (hereinafter: the Websites) and the User are subject to the terms and conditions below.
2. Acceptance of Terms and Conditions
By acknowledging that he has read and accepted the present TC, the User agrees that the latter be applied in the context of the contractual relationship concluded with the Company. In cases the User does not wish to accept all or part of the present TC, he is expressly instructed to refrain from using the Company’s websites.
Through the Websites that it hosts, the Company makes available to the User erotic multimedia files that the latter can acquire. Such multimedia files belong either to the Company or to third parties.
The Company is not a party in the contractual relationship between the User and the third person.
4. Conditions of use
The websites made available by the Company are reserved for adults.
The access to any person under the age of 18 is prohibited.
A false declaration on the part of the User with respect to his age in order to access the Company’s websites is considered a violation of the TC and will be penalized by the immediate termination of the contract, as well as the payment of a penalty clause amounting to one thousand Euros (€ 1,000.-).
Furthermore, the User undertakes to provide all additional information, which is required by the Company in order to verify the accuracy of the User’s age. Failure to do so will give the Company the right to suspend the User’s access to the websites.
The User is aware that the content on the Company’s Internet platforms can be of a sexually explicit nature. The User confirms that he is accessing freely and voluntarily to the Company’s Internet platforms and undertakes not to divulge its content in public or to minors.
5. Duties and Responsibilities of the User
a) Caring when ordering
The Users are the sole responsible for the orders that the make through the Company’s Websites. Consequently, they must ensure that their order matches exactly what they wish before proceeding to the sending of the order. In the event of an erroneous order by the User, the Company will not issue a refund.
In the event of a billing error by the Company, the User will be able to send a complaint email to [email protected]
b) Respect for the Swiss legal system
Generally, when using the Company’s websites, the User undertakes to comply with Swiss law, including the penal code, the federal legislation on copyright and the federal legislation on the protection of data
Buying/downloading/putting online on the Company’s platforms any content of sexual nature which involves minors, animals as well as any other activity deemed unlawful under the Swiss penal code is strictly prohibited.
Any User who is caught consuming or providing this kind of content through the Company’s platform will be reported to the authorities by the latter.
Users are required to report any suspicious image appearing on the Company’s platforms to [email protected]
d) Protection of minors
The User cannot allow minors to visualize the content on the Company’s websites and must take appropriate action to do so. For this purpose, the Company shall inform the User of the existence of many safety filters available online and of the possibility to find related information, particularly on the following websites:
STOP AIDS II STOP CHILDPORNOGRAPHY II NETNANNY II CYBERSITTER II CYBERPATROL
Such websites are mentioned by the Company for information purposes. The latter shall not be responsible for the steps taken by the User to buy a filter online.
e) Truthfulness of the information provided by the User
The User undertakes to provide true, accurate, current and complete information in the purchasing form and in the age verification form.
The User must inform the Company without delay of any modification to the data supplied, including any change of address and of credit card used with regard to billing. In the hypothesis where the User provides false, inaccurate, out-of-date or incomplete information, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate the User’s account and to refuse him any and all current or future use of the Company’s platforms, and; furthermore, reserves the right to take legal action against the User.
The User is responsible for all the credit card charge-backs, unpaid checks and related fees incurred for the Company on the User’s account. In the event where the User fails to reimburse such credit card charge-backs, unpaid checks and related fees to the Company within thirty (30) days following the initial claim for reimbursement, the User undertakes to pay the Company a lump sum compensation amounting to CHF 1,000.- for each month of delay.
f) Abuse and Fraudulent Conduct
The User must not use the Company’s Internet platforms to adopt a behavior which is illegal or deemed obscene by the Company. Most notably, the User must not use the Company’s platforms to display, share, or receive content, which is defamatory, threatening, abusive, intrusive on another's privacy or involving minors. User shall not pretend to be another person or another legal entity, and shall not broadcast/collect any personal data relating to another individual than himself on the Company’s platforms without such individual’s prior explicit consent. In this context, the User undertakes to immediately cease any behavior, which is contrary to the present clause at the request of the Company.
The User shall not publish content which may be defined as SPAM or display advertisements for commercial purposes on the Company’s platforms.
Any abuse or fraudulent conduct by the User will lead to an immediate cancellation of his future purchases and the impossibility of proceeding to new orders through the Company, where no reimbursement can be claimed by the User to the Company. The Company reserves the right to denounce the User’s behavior to competent authorities.
In the event where the Company notes any abusive or fraudulent conduct by the User, the latter undertakes not to use the purchasing data or any other data to make purchases on the Company’s websites, without the Company’s prior written consent.
g) Computer hacking
The User undertakes not to circumvent encryption systems or other security tools, which are used the Company’s websites nor to use any device, software, computer code, or virus in order to disturb or try to disturb or damage the Company’s websites.
6. Penalty Clause
In the event of non-execution/violation of the TC, which does not specify the amount of the penalty clause, the User undertakes to pay a lump sum amounting to five thousand Euros (€ 5,000.-) for each violation. In the event where such violation creates a legal prejudice, which is greater to the Company than any other third party, especially because due to the violation of the TC, the Company or a third party had to seek the assistance of a lawyer, the User undertakes to remedy the additional prejudice in addition to the lump sum.
In addition to the payment of a penalty clause, the Company reserves the right to cancel the User’s access to the Company’s websites.
The Company, at its discretion, may also send the User a warning before requesting the payment of a penalty clause.
7. Company Monitoring
In order to preserve the websites’ integrity and to investigate the complaints made by Users, the User accepts that the Company can access the information, which he supplied/created for the Company’s websites. The User also accepts that the Company can access such information, notably to fulfill the present agreement, to control the check compliance with the standards related to intellectual property and to operate such systems properly.
8. Commitments, Chart of Conduct of the Company
The Company undertakes to regularly check that all the individuals who are represented on its platforms are people over the age of eighteen (18) at the date of the production of the representation. This website is conform with the 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement concerning the model age verification. This Website contains explicit sexual material which may be offensive or seems not very moral to some viewers.Therefor, you must be 18 years or older to enter this Website. By going beyond the age verification point, you acknowledge that you are 18 years or older. All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in this adult site were over the age of eighteen years at the time of the creation of such depictions.
Some of the aforementioned depictions appearing or otherwise contained in or at this site contain only visual depictions of actual sexually explicit conduct made before July 3, 1995, and, as such, are exempt from the requirements set forth in 18 U.S.C. 2257 and C.F.R. 75. With regard to the remaining depictions of actual sexual conduct appearing or otherwise contained in or at this adult site, the records required pursuant to 18 U.S.C. 2257 and C.F.R. 75 are kept by the custodian of records of this company whose address is available public information at Internic whois.
The Company also undertakes to regularly check that all Users are people over the age of eighteen (18) at the date of the request for access to our website.
The Company takes all the necessary action to ensure that no minor model appears on its Internet platforms.
The Company’s websites are registered as RTA (restricted for adults) and all the pages include a special code for parental control software. The Company also provides an age verification tool at the entry page and all other landing pages of the website www.girlslikecum.com; in addition, a cookie sends a request and automatically takes the User back to the website homepage if the latter tries to access a direct URL on our website. This same cookie is renewed every 30 minutes and include an SSL Connection. On www.ageverify.co you will find more informations about the tool we are using to proceed to the age verification.
b) Image and Contents
The content of the website www.girlslikecum.com is intended for an adult audience and for private use.
The Company guarantees that all actors and actresses in the multimedia files, which it makes available to the User, are consenting, healthy and did not suffer any harassment.
All the multimedia files made available by the Company are erotic fictions provided by the authors and his creativity.
c) Protection of data
ca) Processing of data
Personal data is processed confidentially and is neither sold, nor shared with third parties, unless the User has agreed to do so.
The Company undertakes to make sure that systems, programs etc. on which it exerts influence are safe to save the User’s data.
Cookies are information placed by the Web server in the computer’s browser and through which the User may be identified during his next visit on the Website. When using the Website, the Company places cookies on the hard disk of the User’s computers, which provide connection and browsing control. The cookies store data including certain browser settings, and prevent the User from having to enter data that he has already previously entered. You can accept or refuse these cookies.
The User accepts to receive cookies from the Company’s Website in order to allow for the recognition of his IP address and to facilitate his future visits on the Website.
The User may, for example, delete cookies, accept them all or refuse them, accept or even define only certain kinds of cookies in order to receive an alert when a website wishes to install a cookie. The procedure to be followed to verify and delete cookies depends on your browser. The help feature in your browser will provide you with more information in this regard. The website http://www.aboutcookies.org can also be useful to this effect.
cd) Privacy, Data, GDPR
The user of our platform has accepted the terms and conditions for online entertainment. He also agrees that his data be transmitted to a third-party web marketing company (for profiling & more...) of our choice in order to receive targeted advertising. As a result, we have specifically obtained the explicit consent of our users before transmitting their data to third parties.
In addition, we inform our audience that a transfer of data to a third party must always be framed by a contract. We make sure that the partner gives sufficient security guarantees to transfer the data to him and inform you of the parties to whom your data will be sold before cashing the amount of this sale by means of a general mailing and a blog specifically written for this purpose to inform you doubly following the new entry of the new GDPR.
Given the rights granted to the person by data protection legislation, our users may at any time request to consult, rectify, modify, update or delete their personal data.
The data is stored in an easily accessible way, so that we can respond quickly to requests from our users. Our goal is to raise the awareness of the people concerned and, therefore, access requests that may increase in the future, we keep its data secure and send them for the moment on a case by case basis as this type of request is not not frequent in our company.
In the context of our activity, we can discover that following an error or a malfeasance, a file containing personal data is accessible by all. This is a data leak. How are we going to react?
1. Immediately inform the data protection officer of our company (data protection officer) and our legal department.
2. If we face a violation of personal data, for example a theft or a manipulation error, our organization is committed to react within 48 hours!
We must immediately announce the incident according to the procedure established in our organization and rely on you to help us. We are here to love each other and not to attack each other.
The Company expressly disclaims any liability with regard to any inaccurate statement related to the age of a User.
The User ensures that he will deny any minor the access to the websites owned directly by the Company. Users must implement parental control protections, such as hardware, software or filter services, which can help Users restrict access by minors to harmful content. The User recognizes that in the event where his computer is accessed by a minor, he will take all necessary precautions to prevent the minor from viewing the contents on the Company’s websites.
b) Computer System
The connection of any person to the Company’s Websites and the use of services provided is made under the complete responsibility of the User. It is the User’s responsibility to take all necessary measures to protect his own data/software stored on his computer equipment against any intrusion. Furthermore, the Company shall have no responsibility or liability in respect of any difficulty or connection problems to the Internet faced by the User.
The Company shall have no responsibility or liability yin respect of notably:
Any difficulty of access to the hosted sited due to saturation of the networks at given times.
Any malfunction of the Internet network preventing the proper functioning and/or operation of the Company’s websites.
Any contamination by virus of any data et/or software of the hosted client, whose protection is the latter’s responsibility.
Any contamination arising from downloading multimedia files on the Company’s platforms.
Any malware intrusion by third parties on the servers, despite reasonable security measures implemented by the Company.
Any potential circumventions of passwords, confidential codes and more generally any information of a sensitive nature for the client.
The inaccessibility to hosted services due to technical difficulties, which are not within its control.
The loss of any data.
The Company reserves the right to interrupt or suspend the Websites at any time without notice, and without stating its grounds. In such cases, the Company’s responsibility shall not way be involved and the User shall not claim any compensation of any kind.
c) Limitation of Liability
The Company’s responsibility is generally excluded from all defects not caused by a serious mistake.
d) Third-party behavior
The Company is not responsible for the content created by third parties and presented on its Internet platforms.
However, any User is invited to draft a complaint to [email protected] if he has been aggrieved by the content posted on the Company’s websites. The Company undertakes to respectfully answer all complaints made by Users and after analysis to the extent that the complaint was justified, to delete or modify the litigious Internet content or to take any other measure justified and necessary in the circumstances.
e) Disclaimer of warranty
The Website and Services, and all the materials contained therein, shall be supplied unprocessed, without any warranty of any kind, expressed or implied, including but not implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.
10. Links and outreach programs
www.girlslikecum.com contains links to other Websites operated by other organizations/individuals/companies/partners/Users. The Company accepts no responsibility or liability for the content of another website and cannot be held liable for any direct or indirect damage caused by the content of other websites.
The Company reserves the right to delete, at any time, any link or outreach program without informing the User.
The User is aware that using any Website under the control of/owned by a third party is governed by the TC of such party and not by the present TC of the Company.
11. Communication and Notice
Any notice that must be given under the present TC by the Company to the User can be provided by email to one of the working email addresses, by publication on the website or by and-delivery by a commercial carrier.
Users’ notices must be sent by email, unless otherwise specified in the present TC.
By written notification to the other party, each party can change the address to which the notice must be sent.
Notices delivered by carrier (for example, Swiss express delivery postage service, UPS or any other express) are presumed to be delivered on the first business day after it was mailed. Notices posted by Swiss express delivery postage pre-paid, registered or certified with acknowledgement of receipt, are presumed to be delivered on the fifth (5) business day after it was mailed. Any notice, which is communicated by any other method will be deemed to have been received within the sphere of influence: email notifications are presumed to be notified following receipt of the confirmation by the transmitting computer that the transmission was completed.
The Company accepts no transmission by fax.
12. Intellectual Property and Copyright
The website Girlslikecum.com, its logo, event names, pictures, videos, graphics, illustrations and all contents are and remain at any time the property of Steve Bayard for Girlslikecum.com.
The Company’s websites may also contain names/brands/logos from other companies which may not be used publicly without express written consent of their owner.
All the materials (text, software, images, graphics, data, etc.) are contents, which are explicitly protected by copyrights and are the exclusive property of Steve Bayard for Girlslikecum.com or of any other expressly mentioned owners. Downloading or copying texts, illustrations, photos, our other data involves a transfer of rights over the contents, which requires the consent of the owners of such materials.
The User undertakes to not modify, reproduce, alter, adapt, share, distribute, broadcast, sell, publish, create derivative works, release, exploit or communicate by any means and to any person (natural or legal) whatsoever any data or content obtained through the Company’s Websites without the Company’s prior express permission.
The multimedia files, which are purchased on the Company’s platforms by the User cannot be exchanged or negotiated by the User without the Company’s prior written approval.
Any reproduction, adaptation for broadcasting in movie theaters is strictly prohibited without prior authorization from the copyrights’ owner.
In order to obtain a written approval from the copyrights’ owner, the User can send a request to [email protected]
In the event of a violation of the present “intellectual and copyright” clause, the User undertakes to pay a penalty clause amounting to 10,000 Euros (€ 10,000) for each violation. The User also undertakes to take responsibility for any additional damage associated with the violation of the present clause. Furthermore, the Company reserves the right to denounce the User’s behavior to competent authorities.
13. Modification of Terms and Conditions
Any modification to the present Terms and Conditions shall be valid by giving one month's notice before its effective date, transmitted by simple mail, email or fax.
The client may terminate the contract by registered letter before the effective date of the modifications.
Failure to terminate during the month of notice, the client is deemed to have accepted the modifications and the latter are enforceable as soon as they enter force.
The clients’ email addresses, valid at all times, must be current and kept up to date from the administrative console.
14. In the Event of a Force Majeure
Cases of force majeure, such as fires, floods, earthquakes, hurricanes, tropical storms or any other natural disasters, hurricanes, tsunamis, wars, civil wars, riots, criminal fire, embargoes, acts of civil or military authorities, acts of terrorism, power-line cuts, strikes, shortage of transportation/installations/fuel/energy/workforce or materials, insufficient telecommunication infrastructure or information services, piracy, spam, or any computer/server/software failure suspends the obligations of the present TC for the time frame in which it existed.
However, if the existence of a case of force majeure lasts more than 30 consecutive days, either party has the automatic right to terminate this contract, and the termination shall be effective 8 days after sending a registered letter with acknowledgement of receipt notifying either party of the termination.
15. Pre-run internal procedure
When the User sends a complaint to the Company, the former accepts to wait until the Company’s decision before initiating arbitration proceedings or any other procedure.
In the event of a dispute arising out of or relating to this contract, related to its conclusion, its interpretation or its execution, as well as in the event of a dispute of tortuous nature or on the basis of another clause, both parties must meet and bargain in good faith in an attempt to resolve the issue.
If it is not possible for the parties to settle the dispute through direct negotiations, each party shall, unless otherwise agreed, submit the matter to an arbitrator.
The arbitration procedure shall take place in Berlin, in the state of Berlin, in Germany, and shall be conducted before a single arbitrator, competent for all disputes related to the use of the Internet and e-commerce conflicts.
The arbitrator must submit a written notice stating all the important facts and the basis for his decision within thirty (30) days following his acceptance of the mandate.
The party winning the arbitration procedure may be reimbursed by the other party for the necessary attorney’s fees incurred by it in the context of such procedure.
17. Jurisdiction and applicable law
Any dispute arising from or relating to this contract, related to its conclusion, its interpretation or its execution, is governed by German law. The place of jurisdiction is Berlin (State of Berlin – Germany).
Any dispute arising from or relating to this contract will be resolved under Swiss law, whether such dispute is of contractual or tortuous nature, or based on any other cause.
Thanks for reading.
GLC Productions Team