These General Terms of services (hereinafter referred to as Terms, Conditions, GTC or TOS) regulate the mutual rights and obligations of the Operator and Users in relation to the Content provided through the Services available on the Website.
The Website is focused on providing Content with erotic themes, intended exclusively for adult individuals.
By accessing the Web, each User confirms that they have familiarized themselves with these Terms and fully understand their scope. By accessing the Web, each User confirms that they will comply with these Terms, as well as with the applicable laws and regulations of the Czech Republic and the European Union. By accessing the Web, each User acknowledges that they are aware of all possible consequences that may arise or that may have arisen from a breach of these Terms or from a breach of laws and regulations of the Czech Republic and the European Union. If a User does not agree with these Terms or does not comply with them, they must not access the Web.
The Web (hereinafter referred to as the website, Web, Portal, portal, EP, web application, or Application) refers to the website located at the URL addresses https://erotickyportal.com, including all third-level domain (subdomain) addresses. In a broader sense, the term Web or Application refers to all Content that is available to Users on the Operator's server(s).
The registrar for domain name erotickyportal.com is Seonet Multimedia LTD, Na Rybníčku 521/56, 746 01 Opava, Czech Republic.
The Operator of the website and the registrant (resp. owner) of the domain name erotickyportal.com (hereinafter referred to as the Operator) is DCX TRADE LTD, Lidická 700/19, 602 00 Brno, Czech Republic.
The official contact email address of the Operator, available to all Users, is: erotickyportal@proton.me. If you are a government agency operating within the EU, or if you wish to submit a DMCA report regarding content on our Web, or if you wish to report objectionable content on our Web, you may contact us at erotickyportal@proton.me for faster communication.
A User is defined as any visitor to the Web who is an adult (18 or 21 years of age, as per the laws of their country), mentally competent, and who knowingly and voluntarily, of their own free will, accesses the Web. In a broader sense, a User is any user, including but not limited to, an Unregistered user, a Registered user, a Verified user, and an Advertiser.
An Unregistered User is defined as any User who has not completed the Registration process. An Unregistered User does not have a User Account and access to Content and Services is limited.
A Registered User is defined as any User who has completed the Registration process in accordance with these Terms. A Registered User has a User Account on the Web, and the creation and maintenance of the User Account is free of charge.
A Verified User is defined as a Registered User who has completed the Account Verification process in accordance with these Terms. The verification of the User Account is free of charge.
An Advertiser is defined as a Registered and/or Verified User who makes their Content available to other Users on the Web, and for the purpose of their advertisement, purchases (in the form of Credits) advertising space on the Web from the Operator.
Registration is the process by which an Unregistered User becomes a Registered User. To achieve this, the User fills out the registration form on the Web, provides a valid email address, creates a username and password. Registration is free of charge, and the Registered User has the option to fill in additional information about themselves within their User Account (e.g., age, gender, nationality, brief description, location, or upload a photo). These user details are not considered Advertising for the purposes of these Terms. The Operator allows account creation free of charge and does not generate any revenue from it.
User verification is the process by which a Registered User becomes a Verified User. A Verified Account is a Registered Account that has been verified through the verification of the Registered User by means of a photo, and/or verification of the Registered User by means of a phone number, and/or verification of the Registered User by means of a bank identity, and/or verification of the Registered User by means of a personal identification document.
Content, in general, refers to text, visual, audiovisual, graphic, photographic, video, or other similar content that can be displayed, downloaded, transmitted, forwarded, disseminated, or modified in a perceptible form. Within the context of these Terms, it is necessary to distinguish between the Operator's Content and User's Content.
The Operator's Content refers to all Content that is not User's Content. The exclusive owner of the Operator's Content is the Operator.
User's Content refers to all Content that is not the Operator's Content. This means any Content that a User makes available on the Web, either publicly (Public Content) and/or privately (Private Content), to other Users free of charge (Free Content) and/or to other Users for a fee in the form of Credits (Paid Content).
Services refer to Content whose purpose is to offer or request services. According to these Terms, Services are understood as Content or the implementation of Content between a) the Operator and a User, or b) between Users mutually. Within these Terms, it is necessary to distinguish between the Operator's Services and User's Services.
The Operator's Services refer to Services that are exclusively related to the technical operation of the Web and the enablement of making Content available to Users of the Web, and are provided either free of charge and/or for a fee in the form of Credits.
User's Services refer to all Services that are offered between Users on the Web, either free of charge and/or for a fee (exclusively in the form of Credits). It follows that Services (as defined in these Terms) do not include services provided outside of the Web, regardless of whether they are provided free of charge or for a fee. Additionally, User's Services do not include any Services provided by a User to the Operator, in other words, the Operator is not a recipient of User's Services.
Making Content and/or Services available refers to the creation, uploading, streaming, sharing, transmission, forwarding, or dissemination, whether direct or indirect (e.g., via a link), of any User's Content (public, private, paid, or free) on the Web. Making Content available may or may not constitute Advertising. If making Content available is not Advertising, it is free of charge and does not generate any revenue for the Operator.
Advertising refers to the making available of Content and/or Services by a User on the Web, and this is done for a fee (the User pays the Operator for the opportunity to advertise) in the form of Credits. The free making available of Content is not considered Advertising within the meaning of these Terms, because it does not generate any revenue for the Operator.
Advertising is exclusively defined as the creation and activation of: a Profile and/or a Room and/or a Studio and/or a Live Chat Channel and/or an Album and/or a Post and/or a Clip.
For the purposes of these Terms, the following are not considered Advertising: User's content shown in a User's profile (e.g., User information, text or description inserted by the User, photos uploaded by the User); comment(s) added to a Profile, Room, Studio, Live Chat Channel, Album, Post, or Clip, including all attachments; comments posted in the Discussion Forum, including attachments; and private messages between Users. The making available of this User's content is not considered Advertising, as it is free and does not generate any revenue for the Operator.
By accessing the Web, each User confirms that they have read these Terms, are familiar with them, and understand all the provisions contained herein.
By accessing the Web, each User confirms that, in the country from which they are accessing the Web, they have reached the age of majority (at least 18 years of age), are of legal capacity, and are accessing the Web consciously, voluntarily, of their own free will, after prior mature consideration, and are aware of all facts related to the nature of the Web, its Content, and Services, particularly the fact that the Web is focused on providing Content with erotic themes, which is intended exclusively for adult individuals.
By accessing the Web, each User confirms that they understand all the points of these Terms, comprehend their meaning, and acknowledge their legal binding nature.
By accessing the Web, each User confirms that they will behave in a respectful manner on the Web, will not act offensively or aggressively towards other Users and/or the Operator, will not engage in threatening, extortion, intimidation, coercion, manipulative behavior, or other unethical conduct, and will not intentionally mislead other Users and/or the Operator.
By accessing the Web, each User confirms that they will not allow a person who has not reached the age of majority (at least 18 years of age) to access the Web and/or its parts and its Content.
By accessing the Web, each User confirms that they will not induce another person to access the Web without ensuring that this person has the opportunity to familiarize themselves with these Terms and fully understand them.
By accessing the Web, each User confirms that they will not offer or solicit sexual services for a fee (prostitution) on the Web.
By accessing the Web, each User confirms that they will not use coercion, pressure, blackmail, intimidation, or other unethical or reprehensible behavior to force (either free of charge or for a fee) another person to access the Web with the intention of having that person take any action and/or perform any act on the Web, or make Content and/or Services available to other Users.
By accessing the Web, each User confirms that they will not exploit another person's difficult situation, health condition, or economic circumstances to induce that person to take any action and/or perform any act on the Web (either free of charge or for a fee), or make Content or Services available to other Users.
By accessing the Web, each User confirms that they will not use coercion, pressure, blackmail, intimidation, or any other unethical and reprehensible behavior to induce (free of charge or for a fee) another person to offer (free of charge or for a fee) sexual services to another person, either directly or indirectly related to the Web.
By accessing the Web, each User confirms that they will not take advantage of another person's difficult situation, health condition, or economic circumstances to induce (free of charge or for a fee) that person to offer (free of charge or for a fee) sexual services to another person, either directly or indirectly related to the Web.
By accessing the Web, each User confirms that they will not spread unsolicited messages on the Web and will not disseminate spam (trolling) in public comments and the Discussion Forum.
By accessing the Web, each User confirms that they are aware of all the consequences, particularly the legal consequences, that may arise or could arise from breaching these Terms.
By accessing the Web, each User confirms that they are aware that in the event of a breach of these Terms, the Operator may at any time (without prior notice) block, suspend, and/or delete the User's account, including its Content and any Credits associated with that account. In such a case, the User may file a Complaint in accordance with the Complaint Procedure, and the User's account will be suspended until the Complaint is resolved.
By accessing the Web, each User confirms that they are aware that in the event of a breach of these Terms, the Operator may impose sanctions against the User or seek legal recourse for damages, compensation, other performance, or apology.
The Operator is responsible only for the Operator's Content (i.e., the Operator's own Content, such as the Web's source codes, text, images, or videos created by the Operator, or banners that serve an informational function on the Web). Such Content is the property of the Operator, and without the Operator's prior explicit written and verifiable consent, Users are not permitted to copy and/or share and/or modify and use such Content for commercial or non-commercial purposes.
Each User is responsible for their own Content. A User may only make available on the Web their own Content, i.e., Content for which they are the Author. This provision of the Terms is defined in a legal sense as positive, meaning that every piece of User Content is automatically considered to be Content for which the respective User is the Author. In the opposite case, it would be considered a serious breach of the Terms by the User.
If a User's Content captures other individuals, the User must have the written consent of these individuals and a granted license to make such Content available. This provision of the Terms is again defined in a positive legal sense, meaning that the Operator assumes in good faith that every User who makes available Content that captures other individuals has obtained the written consent and license of all such individuals. In the opposite case, it would be considered a gross violation of the Terms by the User.
The legal responsibility for the non-infringing nature of the Content always lies with its Author, i.e., the User who made the Content available on the Web, or the User who has been granted a license to do so.
By publishing their Content on the Web, the User grants the Operator a temporally and geographically unlimited, free license and consent to use this Content for advertising and promotional purposes in connection with the Web.
The User is explicitly prohibited from making available Content for which they are not the Author or for which they do not have a license to share.
The User is explicitly prohibited from making available Content that captures other individuals without their written consent. The burden of proof to demonstrate the acquisition of such consent lies solely with the User.
Users are explicitly prohibited from making available any Content that depicts individuals under the age of 18, regardless of whether the User has obtained consent or a license to do so.
In the event of a breach of the Content provisions, the relevant rights will be enforced through legal action.
It is explicitly prohibited to create, upload, share, promote, or link to Content that depicts or encourages the following activities: bestiality, incest, child pornography, adult baby role-playing (pretending to be a child in any form), blood or any hints of blood, rape/sexual intercourse without consent, extreme violence, mutilation, dismemberment, coprophilia (fetishization of excrement), menstruation, defecation, or vomiting.
The use of abbreviations and designations that are commonly known as symbols used to promote child pornography, zoophilia, or extreme violence (e.g. pthc, cp, pedo, 11yo, animalporn, snuff, etc.) is strictly prohibited. Such abbreviations may be evaluated by the Operator as content that promotes illegal activities and therefore as Content that is in breach of these Terms.
It is explicitly prohibited to create/upload/share/promote or link to Content that encourages the purchase/sale/offering/demand/advertising of prohibited substances (e.g. drugs), weapons and ammunition, explosives, poisons, radioactive materials, and biological materials.
It is explicitly prohibited to create/upload/share/promote or link to Content that aims to deceive or mislead Users. It is also explicitly prohibited to engage in fraudulent activities.
It is explicitly prohibited to create/upload/share/promote or link to Content that promotes terrorism and/or promotes movements that suppress human rights and/or incites racial/ethnic/religious/gender intolerance.
The Credit System is an internal system of the Web. Any payment made through the Credit System is considered a payment made to the Operator.
A Credit refers to a prepaid unit that stores value and serves as a means of payment for Content and/or Services between the User and the Operator, and/or between Users.
A Credit is not considered money or electronic money within the meaning of the law. A Credit is also not a virtual asset within the meaning of the law.
A Virtual Wallet refers to a User's account that has a balance of at least 1 Credit.
The Credit holder is the User who has at least 1 Credit in their Virtual Wallet.
Only a Registered User or a Verified User can be a Credit holder. An Unregistered User cannot be a Credit holder.
The User becomes the holder of the Credit in the following ways:1)By purchasing the Credit from the Operator, and/or 2) By receiving the Credit from another User, either: a) as a gift (also known as Donate), or b) as payment for User Content and/or Services, and/or 3) By receiving the Credit free of charge from the Operator.
Non-transferability of credit means that the Credit cannot be transferred outside of the Website and/or to other websites, applications, or platforms.
Time limitation of Credit means that the Credit in the Virtual Wallet may expire if: a) the User account is inactive (the User has not logged in for a period of more than 6 months), and/or b) there has been no activity (the Credit has not been received, purchased, or transferred) in the User's Virtual Wallet for a period of more than 12 months.
The User acknowledges that the Operator reserves the right to block the Credit (i.e., prevent the transfer of Credit to another User, prevent payment for Content and/or Services, and prevent payout of Credit) in the following cases: a) when the User breaches these Terms or the valid laws of the Czech Republic and the EU, and/or b) when the Operator has reasonable grounds to suspect that the User has breached these Terms or the valid laws of the Czech Republic and the EU, and/or c) when competent public authorities request the Operator to do so.
In the event of Credit blocking, the User has the right to file a Complaint in accordance with the Complaint Procedure. However, in cases where the Credit blocking was requested by public authorities in accordance with clause 10 c) of the Terms, the User is not entitled to file a Complaint and must instead assert their claim against the relevant public authority that issued the request for Credit blocking.
The User acknowledges that there is no legal entitlement to exchange Credits for fiat currency or any other currency (e.g. cryptocurrency).
The rules governing the purchase, acquisition, transfer, donation, use, and payout of Credits are listed here.
The Operator reserves the right to monitor User behavior and track Content and Services in order to ensure the security of the Web.
In case the Operator discovers a breach of the Terms by a User, the Operator may suspend, block, or completely delete the User's account, including all User Content, without prior notice or justification. The User unconditionally accepts that in such a case, they have no right to claim financial, non-financial, material, intangible, or any other form of compensation, performance, counter-performance, other performance, reward, or apology.
In case the Operator discovers a breach of the Terms by a User, the Operator may perform a Credit block in the User's Virtual Wallet without prior notice or justification. The User is aware that the Operator may refuse to make a credit payout and/or limit it and/or require from the User to provide identification documents. The User unconditionally accepts that in such a case, they have no right to claim financial, non-financial, material, intangible, or any other form of compensation, performance, counter-performance, other performance, reward, or apology.
The Operator is not obliged to inform the User of the reasons for deleting the User's account.
The Operator has the right, at their own discretion, to further ignore the User's request, who did not accept or did not agree with the previous solution to the situation.
The Operator has the right to request verification of the User at any time through a personal ID or other identification means, in the interest of ensuring security and in accordance with the law. In the event that the User fails to respond to or comply with the Operator's request, the User's account may be restricted or permanently deleted without further notice.
The Operator declares that no employment relationship arises between them and the User.
The Operator declares that the opinions of any person expressed on the Web may not be in line with the Operator's position and opinions, and therefore cannot be considered as the Operator's opinions.
The Operator states that despite its best efforts and necessary care, it is not possible to monitor all communication between Users on the Web. The Operator is not liable for the behavior of individual Users on the Web, particularly for activity that contravenes the law, protects the rights of other persons, copyright law, and the protection of privacy and freedom.
The Operator states that it is not responsible for User Content in any form.
The Operator states that it is not responsible for the completeness, accuracy, or reliability of User's Content.
The Operator states that it is not liable for User's Content in terms of property rights, criminal liability, civil liability, and any other form of responsibility.
The Operator is not responsible for personal meetings between Users and any consequences arising from such meetings. The Operator is in no way responsible for organizing such meetings.
The Operator states that it does not have the resources (personnel, legal, financial, and other) to evaluate, investigate, verify, analyze, assess, etc., whether User Content may infringe on copyrights or harm the rights and/or interests of third parties.
The Operator hereby states that it does not have the resources (personnel, legal, financial, and other) to evaluate, investigate, verify, analyze, assess, etc., whether User Content may violate the laws of the Czech Republic and the EU.
The Operator renounces all legal liability (primarily property rights, criminal, civil, and other) for User Content in relation to possible (alleged or actual) infringement of copyrights of third parties.
The Operator hereby renounces all legal liability (primarily property rights, criminal, civil, and other) for User Content in relation to possible (alleged or actual) infringement of applicable laws, decrees, and regulations of the Czech Republic and the EU.
The Operator hereby renounces all legal liability (primarily property rights, criminal, civil, and other) for the activities of the User on the Web, which have led/are leading/could lead to possible (alleged or actual) infringement of copyrights or harm to the rights and interests of third parties.
The Operator hereby renounces all legal liability (primarily property rights, criminal, civil, and other) for the activities of the User on the Web, which have led/are leading/could lead to possible (alleged or actual) infringement of applicable laws, decrees, and regulations of the Czech Republic and the EU.
The Operator hereby states, and the User acknowledges by accessing the Web without reservation, that the User has no right to claim financial, non-financial, material, intangible, or any other form of compensation, performance, counter-performance, other performance, reward, or apology, in direct or indirect connection with: a) suspension/deletion/deletion of the User's account by the Operator b) blocking of the User's Virtual Wallet credit by the Operator c) unauthorized access/ activity by a third party to the User's account d) unauthorized transfer of the User's Virtual Wallet credit by a third party e) misuse of the User's content by a third party f) malfunction of the Web or any of its parts g) unavailability of the Operator's Services. The User further states that they will not make any claims against the Operator.
Every User or third party has the right to report User Content to the Operator if they have a reasonable suspicion that the content: a) violates these Terms b) violates the laws of the Czech Republic and/or the EU c) violates copyright law and/or harms the rights and interests of third parties. Such a report will be considered valid under these Terms only in the case that it is: a) delivered to any of the Operator's official email addresses (see section I/7 of these Terms) b) accompanied by a statement from the person making the report explaining the legal grounds for their request to remove the content (this point will be applied in cases where the request is made due to copyright infringement). The burden of proof lies with the person making the report.
The Operator undertakes to immediately remove User Content if, based on a notification from any user or third party, it has a reasonable basis to believe that the content: a) violates these Terms b) violates the laws of the Czech Republic and/or the EU c) violates copyright law and/or harms the rights and interests of third parties.
The Operator states that in the event of any ambiguities or disputes with the User, it will communicate with the User to the greatest extent possible. Any User may contact the Operator with a question, request, or complaint through the Operator's official email address (see section I/7 of these Terms).
The Operator states that in the event of any ambiguities or disputes with the User, it will prioritize the principle of reasonableness, giving the User a reasonable opportunity to defend their position in the dispute with the Operator and to provide evidence to support the validity and legitimacy of their claims.
The Operator hereby states that in the event of any ambiguities or disputes with the User, it will prioritize mediation in resolving disputes and will strive to resolve the dispute in a way that benefits both parties.
The Operator states that it is a person bound by law in accordance with Act No. 253/2008 Sb.
The Operator reserves the right to send to the User's email address provided at the time of Registration, informational, notification, advertising, and promotional messages related to the Web.
The User acknowledges that the rights and obligations under these Terms may be transferred by the Operator to their legal successor.
The Operator reserves the right to unilaterally change these Terms.
In case of conflict between the different language versions of these Terms, the Czech version shall have priority.