PRAGUEMOON.COM TERMS OF USE
1. ACCEPTANCE OF TERMS
PragueMoon.com (“praguemoon.com”) is a classified advertisements website and allows independent 3rd party users to post advertisements / classified advertisements which are adult related. The allowed advertisements are adult dating advertisements from independent people and advertisements for adult establishments. PragueMoon.com does not edit, select or monitor the content and acts only as an information storage platform for the user generated content.
All users who visit the website automatically are subject to the following Terms of Use (“Terms”). By using the Service in any way, you are agreeing to comply with the Terms.
Praguemoon.com administration does not have any connection with the advertisers or is not responsible for their behaviour or the content of the advertisements. All of the content is created by independent 3rd party users.
You understand that praguemoon.com does not control, and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Advertisers are solely responsible for the legality and truthfulness of the content posted.
PragueMoon.com in accordance with the Directive on electronic commerce 2000/31/ if obtaining actual knowledge or awareness of illegal activities will remove the advertisements and disable access to the information posted.
PragueMoon.com has the right, but is not obligated, to strictly enforce the Terms of Use and in case of illegal activity will provide the information to the police. You also agree that you will not access the website from countries where such content is illegal (like USA). This website in located in Prague, Czech Republic and should not be accessed from USA or any other jurisdiction where adult dating ads are illegal.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms at:
3. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from praguemoon.com, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that praguemoon.com does not control, and is not responsible for Content made available through the Site , and that by using the Site , you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.Furthermore, the PragueMoon.coms site and Content available through the Service may contain links to other websites, which are completely independent of PragueMoon.coms. PragueMoon.coms makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will PragueMoon.coms be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that
PragueMoon.coms does not pre-screen or approve Content, but that PragueMoon.coms shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The PragueMoon.coms site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of PragueMoon.coms, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that PragueMoon.coms shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that PragueMoon.coms is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release PragueMoon.coms, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify PragueMoon.coms’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at
info at praguemoon.com
Please provide our Agent with the following Notice:
a) Identify the material on the PragueMoon.coms site that you claim is infringing, with enough detail so that we may locate it on the website;
6. PRIVACY AND INFORMATION DISCLOSURE
Your use of the PragueMoon.coms website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that PragueMoon.coms may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of PragueMoon.coms, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that depicts a human being engaged in actual sexual conduct (ii) bestiality, (iii) sadistic or masochistic abuse, or (iv) children
c) is not legal in Czech Republic
d) that includes personal or identifying information about another person without that person’s explicit consent;
e) that is false, deceptive, misleading, deceitful, uses copyrighted images or images that do not belong to you
f) That is not posted from Czech Republic. All of the advertisements posted, must be posted from IP addresses in Czech Republic and people from Czech Republic.
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) That uses any other phone number other than a Czech Republic phone number
i) that constitutes or contains links to illegal prostitution / pimping
j) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
k) That contains links to other websites that ask money for contact details, advertising or erotic cams etc.
l) Links and references to other advertising websites
m) That shows or has pictures of people who are under the age of 18. In no way can any of the advertisements show pictures, or have links to or describe people who are under-age. In order to use the website, you must be at least 18 years of age.
n) You agree to visit the website only from an European IP address. You agree not to visit our site or use our infrastructure from outside EU. You agree not to view the content from USA or any other country where such content is not legal. If you visit the website from US or any other IP outside of EU, we have the right to take legal action.
o) You agree not to use a VPN service to access our site
p) You agree not to post more than 3 profiles per account (or person). You only agree to post advertisements for yourself and not anyone else.
8. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms.
Refunds
All payments for profiles that are removed due to the violations of terms of use are non-refundable. In case of other refunds, all refund requests will be viewed case-by-case. Please send the refund request for consideration to our email info at praguemoon.com Prices All of the prices are displayed during the checkout and also available in this document and the pricing page.
The prices are as follows:
Independent person advertising: (Plan S) 100 CZK a month for the regular profile. For ELITE profile price is 250 CZK for a month (regular+promotion). For VIP profile price is 200 CZK for a month (regular+promotion).
Agencies: Agencies are referred to as marketing companies who post more than one profiles. The prices for regular profiles are as follows: 5 regular profiles (Plan M) 500 CZK/month. VIP membership prices: 1 month (3vip profiles + 2 regular) 800 CZK. All other fees which may be taken by your bank for card payments are not charged by PragueMoon.com. If you wish to find out how much your bank charges for the card processing fees, please turn to your according bank.
9. LIMITATIONS ON SERVICE
You acknowledge that PragueMoon.coms may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that PragueMoon.coms has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that PragueMoon.coms reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that PragueMoon.coms shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. ACCESS TO THE SERVICE
PragueMoon.coms grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by PragueMoon.coms. A limited exception to (b) is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
11. TERMINATION OF SERVICE
You agree that PragueMoon.coms, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if PragueMoon.coms believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that PragueMoon.coms shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-19 shall survive termination of the Terms.
12. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of PragueMoon.coms. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of PragueMoon.coms, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although PragueMoon.coms does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to PragueMoon.coms an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant PragueMoon.coms all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE PragueMoon.comS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE PragueMoon.comS SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PragueMoon.comS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PragueMoon.comS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, PragueMoon.comS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PragueMoon.comS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE PragueMoon.comS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PragueMoon.comS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PragueMoon.comS SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PragueMoon.comS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PragueMoon.comS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PragueMoon.comS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PragueMoon.comS SITE OR THE SERVICE, FROM INABILITY TO USE THE PragueMoon.comS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PragueMoon.comS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PragueMoon.comS SITE OR THE SERVICE OR ANY LINKS ON THE PragueMoon.comS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PragueMoon.comS SITE OR THE SERVICE OR ANY LINKS ON THE PragueMoon.comS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
15. GENERAL INFORMATION
The Terms constitute the entire agreement between you and PragueMoon.coms and govern your use of the Service, superceding any prior agreements between you and PragueMoon.coms. The Terms and the relationship between you and PragueMoon.coms shall be governed by the laws of Czech Republic without regard to its conflict of law provisions. The failure of PragueMoon.coms to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms by flagging the posting(s) for review, or by contacting us.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for PragueMoon.coms to pursue legal action to enforce these Terms, you will be liable to pay PragueMoon.coms the following amounts as liquidated damages, which you accept as reasonable estimates of PragueMoon.coms’s damages for the specified breaches of these Terms:
d. If you post Content in violation of the Terms, other than as described above, you agree to pay PragueMoon.coms one hundred dollars ($100) for each Item of Content posted. In its sole discretion, PragueMoon.coms may elect to issue a warning before assessing damages.
Otherwise, you agree to pay PragueMoon.coms’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, PragueMoon.coms retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.