dated 1. 5. 2011 (date of issuance)
TABLE OF CONTENTS
1. DEFINITION OF TERMS
2. SUBJECT OF THE CONTRACTUAL ARRANGEMENTS
4. AFFILIATE PROGRAM
5. SOFTWARE, LICENCE TO SOFTWARE
6. SUPPORTING ASPECTS OF SERVICES AND OF AN AFFILIATE PROGRAM
7. LIMITS OF THE SERVICE AND OBLIGATIONS OF THE PROVIDER
8. REGISTRATION PROCESS, ACCESS TO THE SERVICE
9. APPLICABLE REGULATIONS,PERMITTED USE OF THE SERVICE
10. OBLIGATIONS OF THE USER AND OF THE PROVIDER
11. TERMINATION OF ACCESS TO THE SERVICE OR OTHER SERVICES
14. PROTECTION OF PERSONAL DATA
15. VALIDITY OF CONTRACTUAL ARRANGEMENTS,SUCCESSOR CONTRACTUAL ARRANGEMENTS
16. PROVISIONS FOR OBLIGATION TO COMPENSATE FOR DAMAGES
17. OTHER PROVISIONS
18. EXPRESSING CONSENT WITH THE CONTRACTUAL ARRANGEMENTS
THIS CONTRACTUAL ARRANGEMENTS ARE ENTERED INTO BETWEEN
(1)The provider of serviceGigoloList.com available at address http://www.gigololist.com and author of the software accessible on Web pages or trough Web Page (hereinafter "Provider");
(2)The Userservice GigoloList.com available on address http://www.gigololist.com, or the user of any type of software made accessible by the Provider via Web Page (hereinafter "User");
(the Provider and the User jointly referred to as the "Parties", separately as the "Party")
WITH RESPECT TO the fact, that:
(A) The Provider intends to provide to the User the posibility to register and subsequently utilitě the Service always in relation to the Equipment, and in future, also the Other Services in relation to Other Equipment ( as the terms with cupital letters are defined below)
(B) The User aims, in good faith, to utilitě the Service and Other Services as is (are), and for this purpose, the User consents to
THE PARTIES HAVE AGREED AS FOLLOWS:
1. DEFINITION OF TERMS
1.1. The terms shown in these Contractual Arrangements with capital letters have, pursuant to the will of the Parties, the following significance:
"Activation"Means the moment when the last of the following events takes place:
- the User confirms to the Provider the existence of the Email Address and clicks on the link shown in the Activation email;
- the User provides the Provider all of the data required by the Provider within the Registration Process;
- the User pays the license fee as referred to in the Annex 1 hereto.
"Activation email"Means an email message sent by the Provider to the User’s Email Address after the Registration Process is completed
"Applicable Regulations"Has the connotation shown in Paragraph 9.1 of these Contractual Arrangements
"Data"Has the connotation shown in Paragraph 10.3.2 of these Contractual Arrangements
"Time of validity"Has the connotation shown in Paragraph 15.1 of these Contractual Arrangements
"Domain"Means the domain name: GigoloList.com (https://www.gigololist.com);
"Accompanying Aspects"Has the connotation shown in Paragraph 4 of these Contractual Arrangements
"Email Address"Means the User’s email address that the User enters during the Registration Process, and to which the Activation Email is addressed;
"Information"Means all of the information that the User imparts to the Provider during the Registration Process and the information that the User imparts to the Provider at any time after Activation;
"Client" / "Clients"Means User, who using Service and Software by purpose shown in Paragraph 3.2.2 of these Contractual Arrangements;
"Licence"Has the connotation shown in Paragraph 5.2 of these Contractual Arrangements and means the authorization to exercise the rights to use the Software or any of its parts;
"Successor Contractual Arrangements"Means the contractual arrangements of the Provider Publisher on the Web Pages with a newer date of issuance; whereas Paragraph 18.2.2 of these Contractual Arrangements determines the manner by which the User express its will regarding the fact that it is bound to the Successor Contractual Arrangements;
"Commercial Message"Has the connotation shown in Paragraph 12.1.4 of these Contractual Arrangements;
"Affiliate Program"Has the connotation shown in Paragraph 4.1 of these Contractual Arrangements;
"Terms of Provider" / „Terms of Providers"Means any contractual term of the Provider/Providers, which in relation to the nature of the thing, or the nature of the Services(or Affiliate program) and Purpose of the Service that also relate or should relate to the User; mainly (but not only) the terms of the respective providers of telecommunication services etc;
"Provider"Has the connotation shown in the introductory provisions of these Contractual Arrangements;
"Registration Process"Means the User’s procedure focusing on creating an Account, whereas the Registration Process begins with the filling-in of data on the Web Pages and dnes with Activation;
"Operator"Means the Operator of services or manufacturer of products or equipment of a hardware nature that are necessary for bringing into operation the Services (or other Services), to the due functionality of Software and fulfilling the Purpose of the Service; Providers of telecommunication services such as electronic communication services pursuant to Act on Electronic Communication;
"Service"Has the connotation shown in Paragraph 3.1 of these Contractual Arrangements;
"Software"Has the connotation shown in Paragraph 4 of these Contractual Arrangements;
"Partner" or „Partners"means User, who using Services and Software by Purpose shown in Paragraph 3.2.1 of these Contractual Arrangements;
- Entities that entered into a contractual relationship with the Provider on the basis of which the Provider was able to include provide the Services or Affiliate Program and/or license Software;
- Entities interconnected with the Provider pursuant to Section 66a, Paragraph 9, Act No. 513/1991 Coll., the Commercial Code, as amended;
"Party" / "Parties"Has the connotation shown in the introductory provisions of these Contractual Arrangements;
"Purpose"Has the connotation shown in Paragraph 3.2 of these Contractual Arrangements;
"Account"Means the User’s account established for the purpose of access and online utilization of the Service or Affiliate Program via Internet
"User"Has the connotation shown in the introductory provisions of these Contractual Arrangements; The User is an entity which begins the Registration Process on the Services on the Web Page
"Force Majeure"Means any act,ebeny or condition that is outsider the Provider´s sphere of influence of (mainly acts,events or conditions on the part of Operators, as well as hacker attacks or spreading of computer viruses),that prezent or disrupt the regular flow or functionality of the Services(or Equipment)or Other Services (or Other Equipment) or Software;
"Web Page"Means the web pages displayed under the Domain;
1.2. Interpretive Provisions. Unless determined otherwise in these Contractual Arrangements, o rif it does not arise otherwise from the purpose of specific provisions, then whenever the following is regulated in these Contractual Arrangements using "Services", includes these provisions of widht Parties using "Affiliate program" and "Software".
2. SUBJECT OF THE CONTRACTUAL ARRANGEMENTS
2.1. The subject of these Contractual Arrangements is the regulation of the contractual relationship between the Provider and the User, the determining of the mutual rights and obligations of the Parties in relation to the Service and Software and the setting of terms under which the Provider grants (if Force Majere does not occur) to the User access and utilization of the Services and the Software.
3.1. Service. The Service consist of the providing of the possibility to acquire and utilize, on the basis of the terms stipulated in these Contractual Arrangements, and while observing the regulations stipulated in the Applicable Regulations, Licence to the Software and through it to register as User on Web sites, whereas User can register to Service either as (i)Partner (gigolo) or as (ii) Client (other "Service").
3.2. Purpose of the Service. The purpose of the Service is:
3.2.1. on the one site, allow people (mostly males) who want to meet and date someone and want to offer their companion to other people (mostly females) to create their personal profile page on the Web Page (the"Gigolos"); and
3.2.2. on the second site, allow people (mostly females), who are looking for a companion of another people (other "Clients"), to make a contact and meet the people (mostly males), who are registered on the Web pages as Gigolos;
however, this all on the assumption of the availability and proper functioning service operators and the absence of force majeure and in compliance with applicable regulations and the contractual arrangements by the user (hereinafter referred to as the "Purpose").
4. AFFILIATE PROGRAM
4.1. Affiliate program. The User can also register itself into the Affiliate Program (the "Affiliate Program"). The Affiliate Program offers to the registered Users, due to whose activities (placing banners) the Service got other paying Users (Gigolos), the opportunity to participate in the net income received from the paying Users (Gigolos). However, Parties agreed that the User registered into the Affiliate Program does not have and shall not have any claim against the Provider.
4.2. Rules. Rules of the Affiliate Program are attached as the Annex No. 2 to the Contractual Arrangements.
5. SOFTWARE, LICENCE TO THE SOFTWARE
5.1. Software. In relation to the Service, the following categories of software products may be utilized:
5.1.1. software, which is available on Web Pages, and can be used solely online;
5.1.2. software made available by the Provider on the Web Pages intended for download to compatible equipment, mainly a computer; (hereinafter together as the "Software").
5.2 Usage of the Software, Licence. In view of the nature of the Software as an author’s work (copyrighted work), the Provider stall grant to the User, under the conditions shown in these Contractual Arrangements, and while adhering to the Applicable Regulations, a licence in the scope and under the conditions shown in Article 13 of these Contractual Arrangements (hereinafter the "Licence"). Unless stated otherwise in the Article 13 of these Contractual Arrangements, the Provider is in no way obligated to provide maintenance and support services to the licensed software.
6. ACCOMPANYING ASPECTS TO THE SERVICE
6.1. The Accompanying aspects to the Service are any type of functional and user options made available by Provider through an Account that do not immediately relate to achieving the Purpose of the Service. This mainly includes the storage of photographic, sound and sound-image records acquired through the Equipment on servers, machinery, data carriers or other means of the Provider, Operator or Related Person enabling such storage (hereinafter the "Accompanying Aspects").Because the Accompanying Aspects do not directly relate to achieving the Purpose of the Service, the User is exclusively responsible for thein use and Metod of thein utilization, however, without taking this into consideration, the Parties negotiate that the Provider is entitled to change or modify in any way the Data acquired or used in relation to the Accompanying Aspects of the Service pursuant to Paragraphs and of these Contractual Arrangements.
7. LIMITS OT HE SERVICE AND OBLIGATIONS OF THE PROVIDER
7.1. Limitations, maintenance. The Provider reserves the right to temporarily limit for a necessary time period access to the Service or use of the Licence to the Software, mainly to perform updating and maintenance to the Service. As a consequence of this, some or all of the Essentials attributes of the Service or licensed Software may not work for a temporary period of time, and delays may occur in the delivery of emails, SMS or M, etc.
7.2. Force Majeure. In view of the fact that the correct operation and functionality of the Service and Software is subjekt to the due providing of services by the Operators and the proper functionality of the products of the Operators, the Parties of these Contractual Arrangements are Avare and agrese that if Force Majeure occurs, access may be limited to the Service for a certain amount of time, as well as the posibility to use the Licence. The Provider stall perform all measures that he considers possible and effective to eliminace the negative consequences o fany potential impact of Force Majeure.However, the Provider is not responsible for any negative effects of Force Majere impacts, as the origin of such an impact is wholly outsider the Provider´s spere of influence.
7.3. As is. The Service and Software are provided to the User as is/as are.The User has, for this reason, no claims from the title of responsibility for defects or responsibility for damages toward the Provider or Operator.
7.4. Threat of sanction obligations. If the Provider is threatened by the Operator or any other third part at any time in the future with sanctions or fee obligations arising in relation to the Service or Software (or in relation to the Equipment), the Provider reserves the right to expressly limit the right of the User´s access to the Account, Service and the Accompanying Aspects of the Services or Software until the threat of such an obligation dissipates.
7.5. Materials of third parties. Certain parts of the Service or Software may include materials and data of third parties, thereunto, the Provider may show links to the web pages of third parties.However, the Provider shall show such links only for the greater komfort of the User and is not responsible for the kontent of these links. The Provider is further not responsible for the examination or evaluation of the contents or exactness of such materials or web pages o fany third party. The User, however, undertakes that he shall not use these materials of third parties in such a way that breaches or damages the rights of third partis.
8. REGISTRATION PROCESS, ACCESS TO THE SERVICE
8.1. Information. The User undertakes that during the Registration Process, he shall import the required Information truthfully, exactly and completely, if at any time during the utilization of the Service these become out-of-date or inexact the User shall inform the Provider of this fact, and also tell the Provider the current true, exact and complete Information
8.2. Activation, online access to the Service. The User who provides all of the required Information and completes the Registration Process shall receive from the Provider to their Email Address an Activation Email. Upon Activation, the Provider shall secure fo the User online access to the Service through the Web Pages. The User undertakes to use for online access to the Service only the Web Pages, and subsequently only use the Service through the Account. The User undertakes that he shall not use for the access the Service any other means than the online interface made available by Provider, and the duly-licensed Software.
8.3. Access data, use of Software. The User acknowledges and consents to the fact that he shall be exclusive responsibility
8.3.1. for maintaining and securing its Account and acces to the Software, for maintaining confidentiality of the access data to the Account or data allowing for identification of the Software user;
8.3.2. for all acts and any administration or control of the Account, Service or Equipment, made through the User´s Account or of the User’s access data;
8.3.3. for all acts and any administration and use of Software;
8.4. Misuse of access data. If the User learns of an unauthorized use of its access data or any unauthorized use of the Account or Software, or of any other breach of security, the User shall be obligated to immediately inform he Provider of its fact. Thus, the Provider is not responsible for any interventions, losses or damages incurred on the negligence on the part of Provider.
9. APPLICABLE REGULATIONS, PERMITTED USE OF THE SERVICE
9.1. Appplicable regulations. The User is obligated to
9.1.1. observe these Contractual Arrangements and adhere to therm;
9.1.2. observe legal regulations at the place where the Equipment(or Other Equipment) is located and adhere to therm;
9.1.3. observe any applicable Conditions of the providers and adhere to the therm;
9.1.4. observe the legal regulations of the governing law pursuant to item of these Contractual Arrangements (hereinafter "Applicable Regulations").
9.2. Permitted use. The User undertakes to use the Service, Accompanying Aspects, Equipment and Software only inthe manner and only for purpose permitted by the Applicable Regulations and generally accepted rules and methods applicable in the competent jurisdictions.
9.3. Commercial benefit. The User undertakes not to reproduce, copy, spread, sell trade, mediate trading or use the Service or any part of it for any purpose for consideration or other property benefit provided by third parties. The User further undertakes not to create or allow for creation of any work or products derived from the Service.
9.4. Anti-Hacking. The User undertakes not to
9.4.1. connect or try to connect to the Service through the internet network or by any other manner than by way and through interfaces permitted by the Provider;
9.4.2. use or try use the Software or any part of it in any other manner than that permitted by the Provider;
9.4.3. intervene in any way with the proctecting and securing elements of the Service, Equipment or Software, in particular the User shall not intervene in any ways with the technology, programs, equipment of components which are during their usual function meant to prevent or limit such acts in realtion to the Service, Equipment, Software, Information and Data prohibited by these Contractual Arrangements or Applicable Regulations;
9.4.4. copy or try to copy in any ways the source code of the Software or any of its part, modify it, create works or products derived from it, decompile it of try to extract it in any other ways. The User further undertakes not to encourage any third party to act according to the above sub-items.
9.5. Confirmation or copyright and industrila rights. The User hereb acknowledges that the Service, Equipment and Software (including any of their parts) are subject to legal protection of copyright and o the rights resulting from industrial ownership recognized by law, of the Provider and/or Related Entities, all copyrights and industrial rights related to the Service, Equipment and Software (or their parts are thus the proprety of the Provider or its Related Entities , bu never of the User.
10. OBLIGATIONS OF THE USER AND OF THE PROVIDER
10.1. The User undertakes to:
10.1.1. impart to the Provider all information truthfully, exactly and completely;
10.1.2. complete the Activation within 3 days following the sent Activation Email;
10.1.3. use for a log-in to the Account only the Provider´s web pages and interfaces permitted by the Provider (Item, Contractual Arrangements) and to ascertain and keep secret the access data to the Account or any access or identification data allowing for the use of the Software /Item, Contractual Arrangements);
10.1.4. provide to the Provider o Operator, upon their request and within the determined time additional information or data which they may request in relation to the Service (or Equipment or Software after the Activation;
10.1.5. refrain from the use of the Service, Equipment and Software in a manner decreasing te value of the Service, Equipment and Software or damaging the reputation of the Service, Equipment and Software of the Provider or its Related Entity;
10.1.6. refrain from the use of the Service, Equipment and Software in a manner showing the marks of a misdeed or criminal offence or in a manner aiding or allowing for acts showing the marks of a misdeed or criminal offence;
10.1.7. refrain from the use of the Service, Equipment and Software at variance with Items, or of these Contractual Arrangements;
10.1.8. refrain from the use of the Service, Equipment and Software in a way which would be at variance with Applicable Regulations or which would lead to consequences prohibited by Applicavle Regulations;
10.1.9. refrain from the use of the Service, Equipment and Software in a manner causing any rights of third parties to be infringed, in particular (but not only):
- basic rights and human freedoms guaranteed by constitutional acts;
- personality and property rights of other persons;
- copyrights or rights related to copyrights belonging to third parties or rights to labelling belonging to third parties;
- rights of third parties to respect their private and family life, residence and correspondence;
10.1.10. refrain from the use of the Service , Equipment and Software in a way not corresponding and correspondence
10.1.11. Provisions of sub-items to are similarl applied to the User´s use of Accompanying Aspects of the Service;
10.2. The User further undertakes to:
10.2.1. use the Account, Service, Equipment and Software only such a manner and in the scope preventing any damages to the Provider if the Provider uses any of its rights resulting from these Contractual Arrangements;
10.2.2. back-up (withot aby prior request of the Provider of Operator) on its own data carriers all of the data, filles or other information which the User created or which originated in relation to the use of the Service (or Equipment) or Software or which the ser created, uses of saves withnin the Accompanying Aspects made available by the Provider and by whose loss any material or immaterial damage could be incurred to the User, in any indvidual case the obligation to back-up depends on the purpose for which the User uses the Service, Equipment and Software;
10.3. The Provider undertakes
10.3.1. not to misuse any of its rights resulting for the Provider form these Contractual Arrangements in a manner which would unjustifiably intervene with the possibility to use the Service, Equipment and Software;
10.3.2. to protect the Information acquired from the User and confidential and handle it only in a manner and within the limits determined by these Contractual Arrangements (Item);
10.3.3. not to make the User’s Account, data on the Equipment or Data accessible on serves, devices, data carriers or other media (online/offline) of the Provider or Operator or accessible in any other way, to available to any third parties with the exception of cases when it is necessary to protect the interest of the Provider or its Related Entity and cases when such availability is requested by law or Applicable Regulations or when a body of public authority, administration body, court or arbutration tribunal request it.
11. TERMINATION OF ACCESS TO THE SERVICE OR OTHER SERVICES
11.1. At any time, the Provider is entitled to cancel the Account, prevent he User´s access to the Service and prevent their use (including the unilateral immediate termination of the License), if:
11.1.1. the User breaches any of its obligations shown in Item of these Contractual Arrangements or another obligation resulting for the ser from Applicable Regulations or these Contractual Arrangements
11.1.2. the respective Operator terminates the cooperation with Provider, as a result of which it will not be possible to use the Service, Equipment and Software;
11.1.3. the respective Operator stops providing the sevice or product which was the necessary prerequisite for the functionality of the Service, Equipment and Software;
11.1.4. the User does not duly and on time pay the license fees if the use of the Software is payable;
11.1.5. the law or Applicable Regulations so request, or it is ordered by a body of public authority, administration body, court or arbitration tribunal; or
11.1.6. the Provider considers it appropriate with respects to the protection of the interests of the Provider or its Related Entity.
12.1. The User acknowledges and expressly consents to the fact, that
12.1.1. the User bears the exclusive responsibility for all of the Data to which it will have access within the use of the Service of Software or which will arise from the use of the Equipment or Software because the User is the entity which has the Equipment available, and is the sole end user of the Software and thus the User exlusively decides about their use and whether or not the Data is acquired and handled in accordance with the law and Applicable Regulations;
12.1.2. the User bears exclusive responsibility for all of the Data that the User creates, depicts, send or saves trough the Service or Software, and expressly consents to the fact that neither the Provider not the Operator bear or can bear any responsibility relating to the Data;
12.1.3. with respect to the nature of the Service, Equipment and Software, the User´s Data are not subject to copyright protection (they are not a unique result of the User´s intellectual activities) and with respect of tits fact the Provider, Operator or Related Entity do not need any consent or permission to apply the procedure pursuant to Item of these Contractual Arrangements;
12.1.4. The Provider or a person authorized by the Provider are entitled to insert into the email message, SMS or MMS message sent in connection with the ose of the Service, Equipment and Software informative, marketing, promotional or commercial messages (hereinafter the "Commercial Messages");
12.1.5. The Provider or a person authorized by the Provider are entitled to insert Commercial Messages into the Data made in conncection with the use of the Service, Equipment and Software, i.e. especially into photographs, sound and sound/image recordings;
12.1.6. The Provider is entitled to provide information to its Related Entities and in justified cases , also to Operators, the information can be used for the purpose of sending Commercial Messages, the information can also the passed to the entities securing for the Provider (or for its Related Entities and Operators if such information was passed to them in accordance with this Paragraph) the administraton and distribution of Commercial Messages to Users, and futher to entities administering for the Provider its accounting or legal matters;
12.1.7. Within the technical procedures necessary for the provisions of the Service or Other Service, the Provider and/or Operator can transmit or broadcast the User´s Data through various public networks and on various media, and modify and change the Data in such a way that it meets the technical requirements for connection of the Equipment or Other Equipment to the network.
13.1. License. The Provider hereby provides to the User a personal, non-transferable and non-exclusive License valid in all countries of the world, which authorizes the User to use the Software.
13.2. Scope of the License. The License is always provided only for those method of use, which (accumulatively):
13.2.1. are not prohibited by these Contractual Arrangements;
13.2.2. are known in the governing Czech law at the moment when these Contractual Arrangements are issued;
13.2.3. are absolutely necessary to achieve the Purpose of the Service or the purpose of the Affiliate Program.
13.3. License Terms. To avoid any doubts, the Parties expressly agree that the provisions of these Contractual Arrangements regulating the use of the Service adequately relate to the use of the Software and any of its licensed parts.
13.4. Assignment. The License is provided only to the User as the end user of the Software. The User may not, without a prior written consent of the Provider, assign the rights resulting from the License to the Software to third parties or grant partial licenses or sub-license, burden the License with liens or provide the rights to them to third parties, or assign any of their part to third parties in any other way.
13.5. Licence Fees. The License is provided for fees as specified in the Annex 1 thereto.
14. PROTECTION OF PERSONAL DATA
14.1. Pursuant to Section 5, Act. No 101/2000 Coll. On the Protection of Personal Data, as amended, and section 87, Act No. 127/20005 Coll. Act on Electronic Communication, the participant expressly agrees with the Provider (as administrator) and persons authorized by the Provider (as processors) processing the information pursuant to Secion 4, Letter e), Act.No. 101/2000 Coll. For the purpose of its internal use (especially accounting, legal and business files), as well as for marketing purposes of its own or of its Related Entities. The consent pursuant to this item is given fot the time when the Service is provided by the Provider.
14.2. The User expressly aggress woth the fact that Provider can also use the email address for the purpose of sending commercial messages of the Provider that do not directly relate to the use of the Service, Equipment of Software.Such messages wil be labelled by the Provider as "commercial messages" and the User shall get a valid email address to which the User can directly and effectively send to information that it no longer wishes to receive any commercial information and messages.
15. VALIDITY OF CONTRACTUAL ARRANGEMENTS, SUCCESSOR CONTRACTUAL ARRANGEMENTS
15.1. Time of validity. These Contractual Arrangements are valid and effective from the day when they are issued as this date is shown in the sub-title of these Contractual Arrangements (date of issuance) for the entire time of their validity and effect (hereinafter the "Time of Validity"), which is one calendar month, however, this does not concern Article 14 and Sections 15.3 and 15.4 hereof whose validity and effect are not limited in time.
15.2. Extension. If no Successor Contractual Arrangements are published on the Web Pages during the Time of Validity, the Time of Validity of these Contractual Arrangements is extended by the following calendar month.
15.3. Successor Contractual Arrangements. If the Successor Contractual Arrangements are published on the Web Pages during the Time of Validity, then Time of Validity ends on the last day of the calendar month in which the Successor Contractual Arrangements were published on the Web Pages by the Provider.
15.4. The Parties have agreed that after the end of the Time of Validity of these Contractual Arrangements it is possible to use the Service, Software and/or Affiliate Program only under the terms and conditions set forth in the Successor Contractual Arrangements. The Parties have agreed that if the User logs-in to the Account, or will use the Service, Software or Affiliate Program, after the Time of Validity of these Contractual Arrangements, the User so expresses its consent with the Successor Contractual Arrangements and to its will be bound by them.
16. PROVISIONS FOR OBLIGATION TO COMPENSATE FOR DAMAGES
16.1. Damage incurred to the User in relation to the Account, Service, Equipment or Software. If any court or another body competent to issue decisions of findings binding for the Provider (or Operator) initiates proceedings pursuant tot he respective process regulations against the Provider (or Operator) whose subject is the judging of the responsibility of the Provider (or Operator) for he damage incurred to the User (despite any breach of the user pursuant to Article of these Contractual Arrangements), the Provider and the User negotiate for each individual specific case a contractual penalty in the amount of CZK 30 and the regime of Act No. 40/1964 Coll., Civil Code, as amended. The contractual penalty is payable within 15 days after the guilty ruling or finding according to the previous sentence becomes final.
16.2. Damage incurred to a third part in relation to the Account, Service, Equipment or Software. If any court or another body competent to issue decisions or findings binding for the Provider (or Operator) finds the Provider (or Operators) responsible for damages incurred to any third party in relation to the use of Account, Service, Software, Affiliate Program at variance with the Applicable regulations, then
- the user hereby takes-over the commitment to compensate for damages incurred tot he entitled third person and undertakes to compensate such third party for the damage, or
- if the Provider (or operator) has already compensated the third party for the damage, the User shall reimburse the Provider (or Operator) for he paid amount and also for the costs possibly spent by he Provider, within 3 days from the day when a notice that such obligation arose in sent by the Provider (or Operator) to the email address of the User, for case of the User´s delay with the payment, the Provider and the User negotiate contractual overdue charges in the amount of 0,5% a day from the amount owed.
17. OTHER PROVISIONS
17.1. Salvatore Clause. If any provision of these Contractual Arrangements becomes invalid or unenforceable, or if is found as such by a competent court or by another body competent to issue binding decisions or findings, such a fact has no effect on the validity or enforceability or other provisions, however, fir such a case the User undertakes to negotiate a new agreement with the Provider without undue delay which will be valid and enforceable which will correspond tot he original provision from the viewpoint of its purpose or which will at least follow the purpose closest to the original provision.
17.2. Language versions of the wording, governing law. These Contractual Arrangements are translated into more language mutations, in the case of any discrepancy between individual language mutations the Czech wording shall prevail. These Contractual Arrangements are governed and are to be interpreted in accordance with the legal order for the Czech Republic, for the regulation of obligations the parties negotiate the regime of Act No. 513/1991 Coll. Commercial Code, as amended , if not determined otherwise in specific cases.
17.3. If the Provider does not exercise or enforce any of its rights or legal measure for protection of the rights belonging to the Provider pursuant to these Contractual Arrangements, or pursuant to the applicable legal regulations, or if the Provider does not insist on them, the User agrees that it shall not be considered the waiving of such rights by the Provider.
18. EXRESSING CONSENT WITH THE CONTRACTUAL ARRANGEMENTS
18.1. The Provider shall express its will to be bound these Contractual Arrangements or Successor contractual Arrangements by publicizing them on the Web Pages.
18.2. The User shall express its will to be bound by
18.2.1. these Contractual Arrangements by clicking the button representing its consent and accesing to the Contractual Arrangements;
18.2.2. the Succesor Contractual Arrangements through its first log-in to the Service in accordance with item above.
18.3. The Service must not be used by anybody who
18.3.1. has not reached 18 years of age;
18.3.2. is not eligible according to the Applicable Regulations to express independently, freely, definitely and clearly its or her will or who is not entitled to handle, administer, dispose of or control the Equipment; Such party is not entitled to express their consent with Contractual Arrangements an Successor Contractual Arrangements and must not use the Service or Software.
Annex No. 1
Gigolo – Male Companion:
Fee: 59 USD.
After payment of the fee, the profile page of the Gigolo/Male Companion is activated and displayed for 12 months in the female-client section.
Registration of female clients and searching for gigolos is free of charge.
Annex No. 2
GigoloList.com has a certain income only from fees received from paying Gigolos/Male Companions for the activation of their profiles in the client section.
For each fee we receive from the Gigolo, we invest 2/3 into advertising and promotion of GigoloList.com. The remaining part (deducted from taxes) is divided equally (50:50) between the Affiliate Partner and the Provider of GigoloList.com.
For each registered Gigolo who has paid the fee, the Affiliate Partner will get a commission in the amount of 25 USD.
Once the Affiliate Partner reaches commission of at least 80 USD, he can ask GigoloList.com for withdrawal into the PayPal account of the Affiliate Partner.
Once the Affiliate Partner reaches commission of at least 800 USD, he can ask GigoloList.com for withdrawal via bank transfer directly into his bank account.
Book written by our lady clients
Motto: Enjoy Life!
GigoloList.com is here for all those women looking for a male companion for any event. If you are looking for a short-term male companion, you can discretely select the perfect one and contact your gigolo directly.
GigoloList.com is here for all those men who would like to taste the exciting life of a gigolo. With GigoloList.com you can immediately become a discrete male companion to women looking for something short-term. This is a dream job for men: Gigolos are paid for accompanying women and satisfying the needs of their female clients.