Terms and conditions

september 9, 2013
Terms and conditions

Terms and conditions geilvandaag.nl
The website www.geilvandaag.nl (‘Website’) is offered by Geilvandaag.nl, with its registered office at Pompenburgsingel 42, (3135PS) Vlaardingen and registered with the Chamber of Commerce under number: 71169563

The general terms and conditions geilvandaag.nl (“Terms and Conditions”) apply to all use of the Website, to all services offered via the Website and to all agreements concluded between you and geilvandaag for the use of the Website. and the Services offered by geiltoday. By using the Website and/or the Services you agree to the Terms and Conditions. We advise you to read these General Terms and Conditions and the associated Privacy Policy carefully and, if desired, print or save a copy thereof.

If you use the Website as a visitor, you must be 18 years or older. If you want to place an advertisement on the Website, you must be 21 years of age or older. Geilvandaag is entitled to check your age and, in case of doubt, to ask for additional proof (for example a copy of an ID).

1. DEFINITIONS
The following definitions are used in these General Terms and Conditions, both in singular and plural.
1.1 Account: the possibility to use the Services;
1.2 Advertiser: the natural or legal person who makes himself available through the Website for the provision of erotic and sex services;
1.3 Advertisement: an advertisement on the Website in which erotic and/or sex services are offered by the Advertiser, including all image and film material;
1.4 General Terms and Conditions: these general terms and conditions, regardless of the form in which they are made known;
1.5 Visitor: the natural person who uses the Website and, for example, creates an Account;
1.6 User: you, your: an Advertiser or Visitor;
1.7 Services: the service offered by Geilvandaag on the Website, consisting of, among other things, offering a platform on which Advertisers and Visitors can come into contact with each other via Advertisements for the purchase and delivery of erotic/sex services;
1.8 Geilvandaag, we, us: Geilvandaag;
1.9 Website: the website www.geilvandaag.nl.

2. GENERAL
2.1 These General Terms and Conditions apply to the use of the Website and the Services and all agreements and all other possible legal acts between the User and geilvandag. geilvandaag expressly rejects any general terms and conditions of the User. geilvandaag is at all times entitled to amend or supplement these General Terms and Conditions. We therefore recommend that you consult the General Terms and Conditions regularly. If you do not agree with the changes, you can immediately terminate your use of the Website and the Services.
2.2 Deviations from the General Terms and Conditions are only valid if they have been expressly agreed in writing or by e-mail between geilvandaag and the User.
2.3 If and to the extent that any provision of these General Terms and Conditions is declared null and void or destroyed, the remaining terms and conditions will remain in full force and effect. Geilvandaag will then determine a new provision to replace the void/nullified provision, whereby the intent of the void/nullified provision will be taken into account as much as possible.

3. SERVICES
3.1 With the Website we offer an online platform on which Advertisers and Visitors can come into contact with each other for the provision and purchase of erotic and sex services. In short, our Service consists of: for Advertisers: making available (i) advertising space on the Website for the provision of erotic and sex services and (ii) a means of communication (eg mail function) with Visitors; for Visitors: providing an advertising platform with the option of contacting Advertisers about the erotic and sex services they offer. The Website may only be used for legal erotic and sex services.
3.2 We only have a facilitating role and cannot be held responsible for any acts or omissions of Users. We are expressly not involved in the erotic service that an Advertiser offers and/or provides to a Visitor and we are excluded from any contact between Users and/or outside any agreements or agreements that may arise between an Advertiser and a Visitor through the use of the Website. . We are expressly not liable for any damage suffered by a Visitor and/or Advertiser that is the result of contact between the Visitor and the Advertiser and/or the (erotic) activities between the Visitor and the Advertiser.
3.3 We do not warrant that the Website or the Services will function without error and meet your expectations. In particular, we do not warrant that: i. the information on the Website (including the information posted by Users) is correct, complete, suitable or current, does not infringe (property) rights of third parties or is not otherwise unlawful; ii. the Website will operate uninterrupted, will be free of viruses, trojans and other errors and/or defects, and that any defects will be corrected; iii. third parties will not use the Website and/or the Services unlawfully.
3.4 Content on the Website with regard to the Advertisements, the reviews and any reactions comes from Users. These Users are responsible for the correctness and completeness of the content posted by them. We do not bear any responsibility for the content of the content posted by Users.

4. TERMS AND CONDITIONS FOR USE OF THE WEBSITE AND THE SERVICES
4.1 Visitors must be at least 18 years of age or older. If the Advertiser is a natural person, he/she must be at least 21 years of age or older. If the Advertiser is a legal entity with several sex workers, the sex workers for whom the Advertiser places the Service and/or an Advertisement must be at least 21 years of age or older. We are entitled to check the age and, in case of doubt, to ask for additional proof (for example a copy of an ID). The copy of your ID is processed in accordance with the Privacy Policy. If we have any doubts about the age, we are also entitled to refuse and/or terminate access to the Website and the Services.
4.2 In order to be able to use certain Services, you must create an Account and fill in certain (personal) data (including in any case e-mail address and in some cases also name, address and telephone number). You will receive a password for the Account. The Account and password are strictly personal and you may not allow third parties to use them. We are entitled to change the password if this is necessary in the interest of the functioning of the Service. You are liable for any use made of your Account and indemnify us against any third-party claim for damage or otherwise, in any way arising from the use made through your Account of the Service.
4.3 One Account may be created per User. Sharing Accounts or registering multiple Accounts is not permitted unless we have given express prior written (or e-mail) permission to do so.
4.4 You guarantee that all (personal) data that you provide in the context of the Service (including but not limited to name, address, telephone number, date of birth, ID and e-mail address) are complete, correct and current and that you use the Website and use the Service solely for yourself or your own organization (in the case of an Advertiser with multiple sex workers). In addition, you guarantee that you will comply with all applicable laws and regulations with regard to purchasing or providing the erotic/sex services.
4.5 By placing Advertisements, (personal) data, reviews or other content on the Website and/or within the Service, you give GeilToday express permission to use this (personal) data, Advertisements, reviews and/or other content on the Website. to publish. You guarantee that you are authorized to give that permission. You are aware that the positioning of Advertisements and other information on the Website depends on a number of factors, including but not limited to the fee paid, and that no rights can be derived from this.
4.6 You are responsible and liable for the content of the Advertisements, (personal) data, reviews and other content published by you on the Website. You guarantee that the content thereof is correct, current and reliable and does not conflict with applicable laws and regulations and is not unlawful. In addition, you guarantee that you will not mistreat other Users with this information, that you will not harm their privacy and that you will not harm the interests and good name of geilvandaag.
4.7 The content below may in any case not be placed in Advertisements, reviews, responses to reviews or in other places on the Website or within the Service:

a) content that is in violation of any laws or regulations or these General Terms and Conditions;
b) content that refers to or relates to any form of illegal prostitution, including but not limited to forced prostitution, blackmail, threats of violence or otherwise involuntary prostitution and child prostitution, child pornography and any other illegal/criminal conduct, services or products or services or products that can in any way cause damage to third parties;
c) content that infringes intellectual property rights or privacy rights of third parties or that violates other rights of Geilvandaag or third parties;
d) content featuring sex workers under the age of 21;
e) content that in our opinion is contrary to morality or good taste, is violent, threatening, blasphemous, libelous or defamatory or incites violence or hatred against another or others;
f) content containing computer programs (including autofreshers/mouseclickers etc.), files and/or other material containing destructive and unpredictable features such as manipulated files, “hidden” files (for example: images, which are integrated into audio files), Worms, Trojan horses or bots for scrolling, or for further activities, that disrupt or may disrupt the integrity or functioning of the Website or of online communications in general.
g) content that in any way mentions or refers to another website that competes with the Website or is comparable. We are entitled at all times, in our sole discretion, to change, shorten or remove content of Users of the Website, without this in any way leading to any right of the User to compensation. We will, for example, do this if the content violates Article 4.

4.8 Any (personal) data obtained via the Website may only be used for the purpose for which the User received it, namely responding to an Advertisement or a message received via the Website. It is not permitted to collect and process this data for any other purpose, including – but not limited to – any form of unsolicited communication (spam). If you act contrary to the provisions of this article 4.8, you forfeit, without further warning or notice of default and without judicial intervention being required, an immediately due and payable fine of EUR 500 (five hundred euros) per event or per day that the data are used,

5. ZERO TOLERANCE POLICY ON ABUSE
5.1 If there is a suspicion that you act in violation of article 4.7, we can immediately terminate the agreement and the use of the Website and the Services, without this in any way leading to any right to compensation. We also reserve the right to proceed at our own discretion to inform the police, the judiciary and other relevant authorities and organizations and to file a report. We will, at our discretion, cooperate with a legally valid request from the government/judicial authorities to provide data in the context of the investigation of the abuses referred to in Article 4.6.
5.2 As part of our zero tolerance policy with regard to abuses in the sex industry, we also appeal to Visitors to report abuses to us and to the relevant authorities.
5.3 Although we prohibit the use of our Services by Advertisers under the age of 21 and we carry out age checks, unfortunately we cannot guarantee that an Advertiser is always 21 years of age or older. If you contact an Advertiser, we request that you also check the Advertiser’s age. If you are in doubt whether the Advertiser is older than 21, or if you discover that the Advertiser is a minor, you must immediately refrain from any contact with the relevant Advertiser and immediately inform us and/or the police and the judiciary about your doubt or finding. . If you wish, you can do this on an anonymous basis via the Report Crime Anoniem hotline.
5.4 If you suspect or have reasonable grounds to believe that an Advertiser offers its (erotic) services under duress, blackmail, threats of violence or otherwise involuntarily, you must immediately refrain from any contact with the Advertiser and us and / or the police and judicial authorities to immediately inform the police about this. If you wish, you can do this on an anonymous basis via the Report Crime Anoniem hotline.
5.5 If you believe that certain information on the Website is unlawful, you can also report this to us. We will process the report, provided it meets all the requirements set by us. If it appears from the notification that the offending material is unmistakably unlawful, we will remove it.
5.6 Notifications can be made via the e-mail address: info@geilvandaag.nl.

6. PROCESSING OF PERSONAL DATA
Geilvandaag as controller
6.1 With your explicit permission, we process your (special) personal data via the Website and the Services (including the Account), including data about sexual behavior or sexual orientation. We ensure that the processing of this personal data complies with the General Data Protection Regulation (‘Avg’) and the Dutch implementing law. The Privacy Policy included on the Website applies to the processing of these (special) personal data by us as controller. We advise you to read this Privacy Policy carefully and save it. This also describes your rights with regard to the processing of your personal data.

Hot today as a processor
6.2 If we process personal data of the sex workers affiliated with the Advertiser for an Advertiser, we process the personal data on behalf of the Advertiser and we act as processor and the Advertiser as controller of the personal data of these sex workers, within the meaning of the GDPR. In this case, articles 6.3 to 6.12 apply
6.3 We only process the personal data if this is necessary for the fulfillment of our obligation under the agreement with the Advertiser. Other processing will only be carried out after receipt of a written order from the Advertiser, an order from a judge, investigative or other authorities or if there is a legal obligation to do so. We will notify the Advertiser in advance, unless the relevant legal provision does not allow this. We will not keep the personal data for longer than is necessary for the execution of our obligations under the agreement and delete it afterwards.
6.4 The Advertiser guarantees that the sex worker has given explicit and legally valid permission to process his/her (special) personal data, including data about sexual behavior or sexual orientation, in an Advertisement or otherwise within the Service. The Advertiser also guarantees that he/she does not harm the privacy of the sex worker or other third parties and does not act in violation of the GDPR or other applicable laws and regulations.
6.5 The Advertiser indemnifies Geilvandaag and indemnifies Geilvandaag against all claims, actions, claims of third parties (including sex workers and Visitors) and for any fines and periodic penalty payments from the Dutch Data Protection Authority or another supervisory authority that are the result of a violation of the laws and regulations and in particular the GDPR, or any other attributable failure by the Advertiser in the fulfillment of its obligations under these Terms and Conditions.
6.6 We will implement appropriate technical and organizational measures to protect the personal data against loss or against any form of unlawful processing. Taking into account the state of the art and the costs of implementation, these measures guarantee an appropriate level of security in view of the risks involved in the processing and the nature of the data to be protected. The measures are also aimed at preventing unnecessary collection and further processing of personal data.
6.7 At the written request of the Advertiser, we will (i) provide the Advertiser with information about the processing of the personal data, including the security measures we have taken, and/or (ii) grant an accredited auditor engaged by it access to our systems so that it can be checked whether we act in accordance with the security obligation laid down in Article 6.6. Such investigations will always take place during normal office hours. The costs for the research are for the account of the Advertiser
6.8 We will make every effort to provide reasonable cooperation in carrying out the checks as referred to in Article 6.7. In addition, we will provide all reasonable cooperation to Advertiser in the performance of military duties to respond to requests from data subjects regarding the exercise of the rights laid down in the GDPR.
6.9 The advertiser gives us permission to engage sub-processors for the processing of personal data, these are included in Article 5 of the Privacy Policy . If we wish to add or change the sub-processors, we will notify the Advertiser in advance and enable us to object to the change/addition. We will conclude an agreement with these sub-processors in which all relevant obligations from this article and the GDPR will be taken over.
6.10 We will notify the Advertiser as soon as possible, but in any event at least within 48 hours after we have discovered a breach or serious attempt to do so, of breaches of security measures taken by us, or a sub-processor engaged by us, if reasonably it can be assumed that this breach leads to a significant risk of loss or unlawful processing of personal data with adverse consequences for these personal data and the privacy of the data subject. This notice contains relevant information regarding (i) the nature of the infringement,
6.11 We will observe confidentiality with regard to all personal data that we process on behalf of the Advertiser in the context of the agreement. We will not make the personal data available to third parties (other than sub-processors), unless there is an order from the court, investigative or other authorities or we are obliged to do so on the basis of relevant laws and regulations or a court order. pronunciation.
6.12 We will not process or have any personal data processed by ourselves or by sub-processors in countries outside the European Economic Area (“EEA”) without an adequate level of protection, unless we have obtained prior permission from the Contracting Party.

7. INTELLECTUAL PROPERTY RIGHTS
7.1 All intellectual property rights relating to the Website belong exclusively to Geilvandaag and/or its licensors.
7.2 Insofar as intellectual property rights rest on the content that the User publishes on the Website (for example, content of an Advertisement), these intellectual property rights remain with the User. The User grants Geilvandaag an irrevocable, non-exclusive, transferable, sub-licensable and unlimited right to use the content on and for the benefit of the Website, free of charge, until the content is removed from the Website by the User. This use also includes, but is not limited to, the modification, shortening, duplication and publication of the content on the Website or in other (advertising) media for the purpose of promoting the Website.
7.3 The User guarantees that the content placed on the Website, including Advertisements, does not infringe (intellectual property) rights of third parties. User fully indemnifies Geilvandaag against all possible claims by third parties in any way arising from and/or related to the content posted by him/her on the Website, including any claim based on the claim that the content in question infringes any (intellectual property) rights of third parties.
7.4 You may not make the Website or any content thereof available to third parties in any way, reproduce, distribute, transmit or in any way incorporate it into other material without our written permission. This also means that you may not, without the prior written permission of Geilvandaag, request and/or reuse a substantial part of the content of (a) database(s) and/or non-substantial parts of the content of a database(s). ) may be repeatedly and systematically retrieved and/or reused within the meaning of the Database Act.

8. LIABILITY AND INDEMNITY
8.1 Geilvandaag is not liable for any damage suffered by the User as a result of his use of the Website or the Services or the inability to use the Website and the Service, including (not exclusively) damage caused by malware, viruses and /or the inaccuracy and incompleteness of the information on the Website, unless such damage is the result of intent or gross negligence on the part of Geilvandaag or its staff.
8.2 Geilvandaag’s total liability is always limited to compensation for direct damage up to a maximum of EUR 25 per event, whereby a series of events is regarded as one event. In this context, direct damage is exclusively understood to mean: (i) the costs that you reasonably have to incur to repair or eliminate the shortcoming of Geilvandaag, so that Geilvandaag’s performance does comply with the agreement; (ii) reasonable costs to prevent or limit damage and (iii) reasonable costs to determine the cause and extent thereof.
8.3 Any liability of Geilvandaag for indirect damage, including but not limited to consequential damage, loss of profit and loss of turnover, is excluded.
8.4 You indemnify and hold harmless Geilvandaag (including its officers and employees) against all liabilities, losses, expenses, legal, professional and other costs of any kind arising from or arising out of: a) any breach by you of these Terms and Conditions; b) the content posted by you on the Website; c) your violation of the rights of other Users or your wrongful acts towards other Users.

9. PAID ADVERTISING
9.1 Advertisers have the option, against payment of the agreed fee, to publish the Advertisement in specific places on the Website, so that the Advertisement has more visibility. From the moment of publication of the Advertisement at the agreed place on the website, the Advertiser owes the agreed fee. All prices stated on the Website are in euros and include VAT.
9.2 The fee owed can be paid via the payment service offered on the Website or the credit bundle. If the payment is not made or is not made in time or is revoked, we are entitled to remove the placed Advertisement and to charge the amount due. We are also entitled to charge the statutory commercial interest.
9.3 On the Website we offer Advertisers the option to purchase a credit bundle. This credit bundle can be used to pay the fees referred to in Article 9.1. You can view the amount of the credit bundle in your Account. The credit bundle cannot be exchanged for cash and cannot be exchanged in any other way at Geilvandaag. The credit bundle will automatically expire if the agreement ends and/or your Account is terminated.

10. USE OF REVIEWS
10.1 Only if the Advertiser has chosen to do so, a Visitor can publish a review with the Advertiser’s Advertisement. The Visitor must be logged in for this.
10.2 Reviews are reviewed by a moderator and published with the relevant Advertisement upon approval. The Advertiser will receive a message about this and has the option to give a one-time response. This comment is also reviewed by the moderator and published upon approval. The moderator has the right to reject a review or response at any time. Rejection may, for example, take place if the review or response violates Article 10.3.
10.3 You are responsible and liable for the content of your review and/or the response to the review and warrant that:

a) the review and/or response to the review does not infringe the privacy of third parties (including the Advertiser, the relevant sex worker or Visitor ) harms and does not contain personal data or other descriptions that can be traced back to a person;
b) the content of the review is not false, deceptive, misleading or fraudulent, does not pose a threat, promote or encourage illegal activity, or is otherwise unlawful and/or illegal;
c) with the review or response to the review, you do not treat others, including the Advertiser, the sex worker or Visitor, unfairly, for example by posting discriminatory, offensive, unnecessarily hurtful or insulting texts;
d) the review is based on your own experience with the Advertiser or sex worker;
e) the review and/or response to the review does not harm minors
f) the review and/or response to the review does not contain an advertisement or otherwise promote the sale of other products or services, unless expressly agreed to do so Allowed.
g) the review and/or the response to the review does not contain viruses, corrupt files or other software or programs that could disrupt or cause damage to the functioning of the Website or to other computers, and
h) you protect the interests and good name of the Website and Geilvandaag will not harm.

10.4 The Visitor is aware and agrees that his/her Username (Nickname) will be published with the review.
10.5 If you believe that a review or a response to the review is in violation of the Terms and Conditions or the Privacy Policy, you can report your complaint by e-mail to info@geilvandaag.nl. The e-mail must be accompanied by a further motivation, substantiation and supporting documents. Geilvandaag will handle the complaint and, if necessary, forward it to the relevant Visitor or Advertiser to put forward a defence. The complaint will be handled as soon as possible. During the handling of the complaint, the review or the response to the review can be (temporarily) removed. Notwithstanding the foregoing, Geilvandaag is at all times entitled to remove your review for its own reason, for example as a result of a complaint.
10.6 If the agreement with a Visitor ends, his or her reviews are automatically removed. If the agreement with the Advertiser ends, the reviews relating to this Advertiser and his reactions to the reviews will be automatically removed.
10.7 If the Advertiser removes his/her Advertisement or withdraws permission to allow reviews to the Advertisement, but maintains his/her Account, the reviews relating to this Advertisement or Advertiser and the responses to that review will no longer be published on the Website. shown. However, this review and responses to that review are stored within the Geilvandaag platform, so that they can be displayed again as soon as the Advertiser publishes the Advertisement again or chooses to allow reviews again.

11. DURATION OF THE AGREEMENT
11.1 Every agreement between the User and Geilvandaag is entered into for an indefinite period of time. The User may terminate the agreement at any time by deleting the Account and ceasing its use.
11.2 Geilvandaag will terminate the agreement with immediate effect and delete your Account, without being obliged to pay compensation, if you have not logged in to your Account for more than six months, nor have you within the further term set in the reminder sent by it. , log into your Account.
11.3 In addition to Article 11.2, Geilvandaag reserves the right to terminate the agreement with immediate effect and to exclude you from any (further) use of the Services, including by blocking and/or deleting your Account, without being obliged to be to pay damages or refund amounts already owed, if you – in any way act in breach of these Terms and Conditions; – infringes (intellectual property) rights of third parties; – acts in violation of applicable laws and regulations.
11.4 In addition to the foregoing, Geilvandaag is at all times entitled to terminate the agreement, for whatever reason, with due observance of a notice period of one (1) month.
11.5 In addition to the grounds stated in the law on which dissolution is possible, each of the parties is entitled to dissolve the agreement in whole or in part with immediate effect without judicial intervention and without notice of default, if the other party has applied for suspension of payment or this is due to him. granted and/or has been declared bankrupt or a bankruptcy petition has been filed against him.

12. DISPUTES AND COMPLAINTS
12.1 These general terms and conditions have been drawn up in accordance with Dutch law.
12.2 Disputes arising from or related to these general terms and conditions or agreements to which these general terms and conditions have been declared applicable in whole or in part, will be settled exclusively by the competent court in The Hague.
12.3 If you are a consumer, you can also submit your complaint to the EU Online Dispute Resolution Platform (“ODR Platform”). The ODR Platform is an interactive website that can be consulted online free of charge. The The ODR Platform is intended as an easy way for consumers to reach an amicable settlement (online) in the event of disputes with local and international merchants, including marketplaces. The ODR Platform can be accessed via the following link:  http://ec.europa.eu/consumers/odr . Naturally, we advise you to first submit any complaint to ourselves by sending an e-mail to info@geilvandaag.nl.

Vlaardingen, October 2022

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