GENERAL CONDITIONS OF CATGIRL.CH
Effective 24th of February 2020
These general conditions of use (so-called "Terms") are intended to provide legal framework for the provision of the website Catgirl.ch (the “Website”) and define the conditions of access and use of services by the user (the “User”). The User groups visitors of the website, website members and advertisers of the website. The website is managed by Catgirl, email: [email protected]. Any registration or use of the Website implies acceptance without reservation or restriction of these Terms by the User. In case of non-acceptance of the Terms stipulated in this contract, the User must renounce access to the services offered by the Website. The Website reserves the right to modify unilaterally and at any time the content of these Terms.
ARTICLE 1: Access to the Website
Access to the Website is only possible by a major user. The age majority is the one in force according to the legal definition of the country of the User.
The Website allows the User to access to the following services:
- Create an ad.
- Create a member account.
To access the services, the User must then identify himself using his username and password which will be communicated to him after his registration. Any registered User may also request to unsubscribe his account by going to the dedicated page on his personal account.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Website In these cases, the User agrees not to hold responsible the Website to any interruption or suspension of service, even without notice.
ARTICLE 2: Advertisement contract
The advertisement contract between the site and the advertiser does not take any particular form (art.4 al.2 CO). The contract is concluded and declared valid as soon as the amount of the sale of the advertisement is received by the Website by the various payment methods proposed on the Website.
The Website reserves the right to refuse or cancel a contract without giving any reason. In addition, if the performance of the contract cannot take place because of a technical problem, its reimbursement can be proposed only if this technical problem is due to the fact of the Website. A technical problem from the advertiser does not give right to any refund. Any attempt by the advertiser to make advertisements, boosts or banners without paying the price will be prosecuted as a fraud and will be subject to a fine of CHF 10,000 per case.
The advertisement must be paid for it to be visible on the site. Once the payment is received by the site, the ad runs for the number of days purchased of the ad. There is no withdrawal period possible. Once the ad is purchased, it cannot be refunded.
ARTICLE 3: Refund Policy
Once the payment of the ad is made, the ad is active. No refund is possible.
ARTICLE 4: Data Collection
The Website assures the User a collection and processing of his personal information in the respect of the Swiss law’s privacy. The User has a right of access, rectification, deletion and opposition of his personal data. The User exercises this right via his user account. He can modify his data at will. By deleting his user account, he will delete all his data from the Website.
ARTICLE 5: Intellectual Property
The trademarks, logos, signs as well as all the contents of the Website (texts, images, sound ...), are the object of a protection of the intellectual property and more particularly by the copyright. Any representation and / or reproduction and / or partial or total use of this mark, of any nature whatsoever, is totally prohibited.
The User must request the prior authorization of the Website for any reproduction, publication, copy of the various contents. He undertakes to use the contents of the Website in a strictly private setting, any use for commercial and advertising purposes is strictly prohibited. Any total or partial representation of this Website by any process whatsoever, without the express permission of the Website operator, is likely to engage the civil and criminal liability of the person.
ARTICLE 6: Liability
The sources of information published on the Website are deemed reliable but the Website does not guarantee that it is free from defects, errors or omissions. The information provided is indicative and general without any contractual value. Despite regular updates, the Website cannot be held responsible for the modification of administrative and legal provisions occurring after the publication. Similarly, the Website cannot be held responsible for the use and interpretation of the information contained in this Website.
No legal relationship can be established between Catgirl.ch and the User, except for the contractual relationship of advertisers. Catgirl.ch cannot therefore be considered as an intermediary or employer of the User. The User makes sure to keep his password secret. Any disclosure of the password, regardless of its form, is prohibited. He assumes the risks related to the use of his username and password. The Website declines all responsibility.
The Website cannot be held responsible for any viruses that could infect the computer or any computer hardware of the user, following use, access or download from this Website. The responsibility of the Website cannot be committed in case of force majeure or the unpredictable and insurmountable fact of a third party.
ARTICLE 7: Hypertext links
Hypertext links may be present on the Website. The User is informed that by clicking on these links, he will leave the Website. The latter has no control over the web pages on which these links end and cannot, under any circumstances, be responsible for their content.
ARTICLE 8: Cookies
The User is informed that during his visits to the Website, a cookie may be automatically installed on his browser. Cookies are small files stored temporarily on the hard disk of the User's computer by your browser and which are necessary for the use of the Website. Cookies do not contain personal information and cannot be used to identify someone. A cookie contains a unique identifier, generated randomly and therefore anonymous. Some cookies expire at the end of the User's visit, others remain. The information contained in the cookies is used to improve the Website. By browsing the Website, the User accepts them. The User must however give his consent to the use of certain cookies. Failing acceptance, the User is informed that certain features or pages may be refused. The User may disable these cookies via the parameters contained within his browser.
ARTICLE 9: Publication by the User
The Website allows the User to publish ads. In his advertisements, the User agrees to respect the rules of Swiss law and not to mention illegal services. The Website may exercise a moderation on publications and reserves the right to refuse to put them online or cancel them, without having to justify it to the User.
The User retains full ownership of his intellectual property rights. But by publishing a publication on the Website, it assigns to the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, distribute and distribute its publication, directly or by an authorized third party, throughout the world, on any support (digital or physical), for the duration of the intellectual property. The User assigns the right to use its publication on the internet and on the mobile networks.
Any content posted by the User is his sole responsibility. The User agrees not to put online content that may affect the interests of third parties or of which he does not have the rights. Any lawsuit brought by an injured third party against the Website will be borne by the User. The content or account of the User may be, at any time and for any reason, deleted or suspended by the Website, without notice, without refund and without any compensation.
ARTICLE 10: Applicable Law and Jurisdiction
Swiss law applies to this contract. The counterparty is Ayora SA, 4 avenue d'Ouchy, 1006 Lausanne. In case of absence of amicable resolution of a dispute born between the parties, the legal jurisdiction is Lausanne. However, Catgirl.ch also reserves the right to take legal action at the place of residence of the opposing party.