GENERAL TERMS AND CONDITIONS
CONCERNING THE SERVICES
The present document will not be filed, it is only concluded in an electronic, online form, is not to be considered as a written contract. Its scope covers the legal relations specified on the webpage of the service provider https://www.topescortbabes.com and on its international subdomains. The present General Terms and Conditions is permanently accessible from the menu of the webpage.
Please read the General Terms and Conditions (“GBC”) carefully before you start using the webpage.
I. DATA CONCERNING THE SERVICE PROVIDER
- Name:LBG Pro LTD.
- Seat:United Kingdom, 85 Great Portland Street, London W1W 7LT
- E-mail address: [email protected]
- Webpage: https://topescortbabes.com and the webpage variations that belong to specific countries.
Online payment and hosting provider
- Virtual Access Internet B.V.
- Anna van Renesseplein 8, 1911 KN, Uitgeest, The Netherlands
- Telephone: +31 (0)251 - 36 20 41
- Fax: +31 (0)251 - 36 20 21
- [email protected]
II. FUNDAMENTAL PROVISIONS:
2.1 The objective of the webpage’s service is to provide an opportunity for publishing escort, erotic partner search advertisements, ratings and reviews for users. The service makes it possible for registered Members to access the data sheets of other registered natural persons and to establish contact with them.
2.2 In matters not regulated in the present GENERAL TERMS AND CONDITIONS and for their interpretation EC, EU and international legislation shall prevail, the obligatory stipulations of the relevant legislation shall be considered as normative and binding for the parties without any special exception.
2.3 The Service Provider reserves all sorts of rights concerning the contents indicated on the webpage, parts of the webpage and their dissemination. It is strictly forbidden to download the content published on the webpage, to store or process them electronically or to resell them without the preliminary written consent of the Service Provider.
2.4 By purchasing/registering at the website, the user declares and acknowledges to have read and accepted the present GENERAL TERMS AND CONDITIONS and the conditions of the Communication on Data Processing published at the website, the user consents to data processing and is fully aware of our business policy, conditions for granting discounts.
2.5 The Service Provider shall not be held liable for any delivery delays or other problems and faults due to incorrectly and/or imprecisely provided data.
2.6 The Service Provider shall not be held liable for the damages due to users forgetting their passwords or making their account accessible for unauthorized persons due to any reasons not attributable to the Service Provider. Instead of the forgotten password the user can request a new one.
2.7 On entering the website, by implicit behaviour the Users declare themselves to be of full age, to have completed 18 (in other countries 21) by clicking on the link to enter the webpage and are aware of the fact that the visit to the webpage and the viewing of erotic content is not forbidden by national legislation in the country according to the place of residence or place of stay and this is not contrary to any binding regulations.
2.8 The user is not authorized to use the webpage for any purposes which may be considered as illegitimate, unfair or harms the webpage or third persons.
2.9 Our webpage is considered as a hosting provider where we link advertisers’ profiles with those of the visitors. The Service Provider only ensures the advertiser and contact platform with moderation and data protection.
3.1. The webpage distinguishes between advertising Users (Ladies, agencies) and normal Users (typically men), together referred to as Members.
3.2. The services can only be used by persons of adult age, based on voluntarty decision.
3.3. In case if the User enters the webpage operated by the Service Provider or reads its content in any way – even if he or she is not a registered user at the webpage, shall consent to be bound by the contents specified in the Conditions. In case if the User does not accept the conditions, he or she is not entitled to view the content of the webpage.
3.4. By ticking the appropriate box, the user confirms to have read and accepted the contents of the present GENERAL TERMS AND CONDITIONS and the conditions of the Communication on Data Processing, consents to data processing.
3.5. Users are liable to provide their own, real personal data during registration. In case if users provide unreal data or data that can be linked to other persons during registration or use the emerging contract shall be considered void. The Service Provider excludes its liability in case if the user uses the webpage’s services on behalf of another person or with another person’s data.
3.6. The Service Provider shall not be held liable for any delivery delays or other problems and faults due to incorrectly and/or imprecisely provided data.
3.7. The Service Provider shall not be held liable for the damages due to users forgetting their passwords or making their account accessible for unauthorized persons due to any reasons not attributable to the Service Provider. Instead of the forgotten password the user can request a new one.
Advertiser User (member)
3.8. Given the profile and name of the webpage only adult ladies can advertise on our webpage, in case of visitors or registering users there is no such constraint.
3.9. With reference to the previous point, we are going to delete the obviously „male” profiles from our systems.
3.10. Only independent advertisers and agencies are allowed to register at the webpage, it is not possible for other advertisement pages with similar activity. In case if we find profiles and links leading to such pages, we are going to delete them wihout any prior notice.
3.11. Registration for advertisers is free, they only have to pay for the advertisement and the special use.
3.12. For registration only an e-mail address and a password is required, after that they have to confirm, this is how they can enter the webpage.
3.13. Advertising slots and surfaces can be bought in the registration profile. This can take place with registration or any time later on.
3.14. The advertiser user selects the type of advertisement and the product is placed in the cart like in a webshop. The system requests further registration data for the purchase of an advertisement, then it asks for a confirmation. Following the confirmation the you are directed to the webpage of our online payment partner and you pay through a normal banking system with a bank card or transfer the money by simple bank transfer.
3.15. The user who wishes to advertise can choose among two types of advertisement options with four price categories depending on the country of the user, for a period of 30 days, 90 days or 1 year.
3.15.1. The advertisement can be a VIP advertisement which means one highlighted advertisement that can be distinguished from the others, that is, in a specific country in a selected VIP town the advertisement is published randomly on the first page. The VIP advertisers get a yellow band distinguishing sign.
3.15.2. A paid advertisement can be a BANNER. The Banners are placed at the right side of the advertisement lane at the bottom of the page. The 200x200px advertisement Banners are links. By clicking on these the normal users can navigate to a third page that is typically the private page of the advertiser. The Banner can be connected to the profile of the advertiser, too. The Banner has to be produced by the advertiser the Service Provider is only responsible for ensuring the internet space. After uploading and moderation the Banner is accepted, it is rotated similarly to the VIP, this means, that its (randomized) position is changed randomly.
3.15.3. The advertiser is allowed to have a VIP and a Banner advertisement at the same time.
Normal User (Member)
3.16. Individuals of full age are allowed to view the advertisements and other content of the webpage without registration as well (visitor), however, advertisers can only be contacted by registered members (users).
3.17. Visitors become users when they register at the website. This is free of charge, they only have to provide a nick name and an e-mail address.
3.18. There are three ways how the User can contact advertisers.
3.18.1. In case if the selected advertiser provided her telephone number, the user can contact the advertiser directly.
3.18.2. The Banner directs the user to a website where direct contact details are specified.
3.18.3. By way of e-mails.
3.19. The Service Provider helps start correspondence between the parties but does not take part in it. The correspondence, changing of e-mails takes place via the Members’ e-mail accounts where the Service Provider has no insight. The Service Provider provides a sheet to start the correspondence from where the User Member can send the starting message and e-mail address. Getting to know the contact details and message of the User – the User shall explicitly consent to the forwarding of data for data protection aspects - the advertiser can send a reply in his own mailng system, can answer from his own e-mail address and continue building contacts.
IV. USER CONTENT AND CLAUSES
4.1. Rules and regulations concerning user content shall be considered as valid in case of each and every content uploaded by the registered users (including texts, images, photos, videos and other content).
4.2. Pursuant to this Agreement, the users take responsibility for the information they published. The publication of false and offending data result in the immediate termination of the Agreement and the banning of the registered Member.
- • Nevertheless, we would like to draw your attention to the fact that our means and possibilities to control the quality, compatibility or the security of the Members are limited, furthermore this also applies to the truth content, accuracy or completeness of any information published at the website. Since we do not revise the information published on the website in each case, you sign the present agreement by accepting that the information concerning all the other Members can be inaccurate or deceptive despite the prohibitions described in the present General Terms and Conditions.
4.3. We do not take any responsibility for the differences between the image published at the webshop and the actual appearance of the advertiser. The Service Provider makes efforts to filter photos which do not belong to the advertisers, however, the images appearing on the data sheets may differ from reality, can be illustrations.
4.4. By providing their personal data, advertisers consent to the data processing which means that they decide to share individual or special data. We do not do any profiling on the webpage, apart from data protection information we do not use the data for any other purposes but since the webpage is official, we would like to draw the attention of the advertisers to the fact that other people can misuse their data, therefore they have to be careful about sharing data and information.
4.5. The photos on the webpage are uploaded by the registered advertisers, thus it is the user who is responsible for the photos, their authenticity and copyrights and the text belonging to the photos.
4.5.1. Photos with a text, logo, phone number or e-mail address shall not be uploaded to the website.
4.5.2. Photos showing the advertiser cannot be uploaded. These photos will be immediately deleted.
4.6. All the users are entitled to contact the advertisers as a result of their own decision and at their own risk without having to ask for the consent, control or permission of the Service Provider, however, the Service Provider would like to free the system of false profiles in which the User is also free to take part.
4.6.1. The member user has the chance to send a message in a so-called FAKE REPORT to the Service Provider and to the Advertisers if an advertiser’s profile is false, for example it is not identical with the advertised photo.
4.6.2. The Service Provider is going to investigate the case in such a way that until suspicion is clarified, the advertiser’s profile gets a suspicious label until the advertiser verifies herself (that is, uploads a selfie holding two fingers up like a rocker, that is, it should be evident that she is in the profile photos)
4.6.3. In case of a justified suspicion the suspicious label is taken off the advertiser, in case if the suspicion is confirmed, after giving notice to the advertiser she will be deleted from the system.
4.7. False information, photos that show other person than the advertiser shall be considered as serious breach of contract. These profiles will be immediately deleted and the fee that these advertisers paid for the advertisement period, will not be refunded.
4.8. The user ensures an international, irrevocable, non-exclusive and royalty-free licence for the owner of the webpage to reproduce, publish, translate and sell the contents.
4.9. The user guarantees that the content complies with all these requirements.
4.10. The content cannot be illegal or illegitimate, shall not breach the rights of a third person and shall not make it possbile to bring legal proceedings against the person that uploaded the webpage or the content, as a third person.
4.11. We reserve the right to modify, edit or delete the content uploaded by the users, regardless of whether it is stored on our servers or if it is visible on the webpage if it is offensive to others, if its quality, content and style does not fit the webpage’s general spirit, ethos, standards or if the person who uploaded the content has breached the rules of the GENERAL TERMS AND CONDITIONS.
With special regard
- shall not abuse the Service or information published through the service in any way.
- it is not allowed to attempt an unauthorized access to any information published at the Service or networks ensuring the service.
- shall not publish and/or copy information or materials in any way which would relate to intellectual property rights, apart from cases when the consent was obtained in advance.
- shall not copy in full, nor in part the information and data published at the website (including – not exclusively – information published on other members’ data sheets) for purposes other than this Agreement.
- shall not send out newsletters, spams or junk mail to other Members
- shall not hand over, transfer, share user rights and/or entitle any third person for using the service instead of him/her.
- shall not forward and/or publish and/or send e-mails to other Members with information, images and/or other material which contain pornographic, racist, offending, defamatory, harrassing, outrageous, threatening, slanderous and/or rude content; shall make a declaration of honour that no punishable crimes pursuant to the Civil Code will be committed on the webpage.
- shall not forward and/or publish and/or e-mail information, photos and/or other materials that are suitable for offending other Members’ political and/or religious opinion, or the possession, forwarding of which is against the law.
- shall not upload material on the Service which contain viruses or which are subject to copyright protection.
- shall not upload material to the Service which contain viruses or which fall under copyright protection.
- shall not break into other Member’s mail accounts.
- shall not use equipment, software or programme that attempt to interfere with the proper use of the webpage.
- it is strictly forbidden to demonstrate offensive behaviour, encouragement to racial prejudice or popularizing such ideas.
- it is forbidden for users to create multiple accounts, in order to avoid misleading users.
V. INTELLECTUAL PROPERTY OF USERS
5.1. The contents, functions, design, domain name of the website and other elements of the website are in possession of LBG Pro LTD which are subject to international legal protection.
It is forbidden:
- to copy the webpage’s content (using it on another webpage)
- to sell, lease or do sales activity related to the webpage content
- to present the webpage’s content to the public
- to copy, to make duplicates or use any kind of contents for commercial purposes
- to change, modify the contents of the webpage
- resell or use any kind of contents for business purposes (e.g. newsletter)
VI. PAID ADVERTISEMENTS
6.1. The users can purchase Banner and VIP advertisements for marketing purposes. Their price depends on the product type, the selected country and the advertisement period. You can find more information about payment possibilities on the advertisement page. A maximum of 48 hours are required to activate your advertisement following the payment.
6.2. Since the external links are not controlled by LBG Pro LTD and the related pages are supposedly not in our possession, before clicking on a page owned by a third party, please read the Communication on Data Protection carefully and the present GENERAL TERMS AND CONDITIONS.
VII. REPAYMENT GUARANTEE, WARRANTY
7.1. Within 14 days of the purchase the users are entitled to make use of the repayment guarantee if they have not initiated contact with any of the users. The repayment gaurantee is valid if it can be proven that the purchase was unlawful or unauthorized or if we found the reason acceptable.
7.2. The user, in this case the consumer shall accept that he or she is not entitled to exercise the right of withdrawal:
- in case of the contract regarding the service following the completion of the service if the enterprise has begun the completion after the consumer’s explicit, preliminary consent and the consumer has accepted the loss of termination rights after the completion of the service;
- regarding a product or service whose price and fee cannot be impacted by the enterprise, and until the open deadline for exercising the right of withdrawal it depends on the possible volatility of global markets;
- regarding the data content provided via a non-material digital storage media if the enterprise has begun the completion with the consumer’s explicit, preliminary consent and the consumer declared at the same time to have acknowledged the loss of the right of withdrawal.
7.3 Warranty conditions
- We provide the Service in its present form and it is not guaranteed that the Service or any of its parts will fulfil the User’s requirements, objectives and/or expectations. We only provide the Service, not its effectiveness, thus we do not take any responsibility for guaranteed contacts with other Members during the subscription.
- We do not guarantee accessible information through the Service in any way.
- We do not warrant for faults in the Service, its results, accessibility and/or smooth operation if the faults are due to the inappropriate operation or breakdown of the telephone network, phone lines or online computer systems, servers or service providers, computer hardware, softwares, overloaded e-mail or Internet.
- The webpage is only a platform which serves the purpose of publishing information about the Members and to make it possible for everyone to get in touch with other Members through the Service at their own discretion.
- As a User you declare that you are aware of the fact that information published by other Members on their data sheets only reflect how they characterize themselves. We suggest that you should not suppose that all the information published on the Data sheets is necessarily correct and precise.
- We do not check each and every data sheet for the correctness and accuracy of data, we do not check whether they are misleading. We do not confirm or guarantee that the data specified on the data sheets are correct and we do not take any kind of responsibility for checking any information on the data sheets.
- Before you act relying on the information published on a data sheet, or on information that you obtained via the Service, we suggest that you – at your own cost – do all your best to investigate their correctness
- We do not guarantee that the Service will be available 100% but together with the hosting service provider we make our best efforts to troubleshoot the problem, be it a problem with the server, the internet or technical faults.
- We do not take any warranty for the authenticity of advertiser data but we do our best to track and filter false profiles.
VIII. TERMINATION OF THE SUBSCRIPTION
8.1. The Members are entitled to terminate their subscription at any time. Following the termination, the amounts due next time will not be deducted from the bank account. The termination does not entitle the User for a repayment guarantee. The paid period does not end with the termination of the subscription, the advertisement continues to be active until the end of the period that was prepaid.
9.1. We can terminate your access to the website and its contents at any time without cause. The Members are also entitled to terminate their registration at any time.
X. EXTERNAL LINKS
10.1. Our webpage may contain links which do not direct the visitor to pages operated by LBG Pro LTD. Please read the GENERAL TERMS AND CONDITIONS and the Communication on Data Protection of these sites carefully.
XI. EXCLUSION OF LIABILITY
11.1. The Service Provider excludes liability in terms of authenticity, content, completeness, legality, reliability, smooth operation or availability regarding information or material published as part of the service. The Service Provider shall not be held liable for the behaviour of its users.
XII. DATA PROCESSING
12.1. The data protection and data processing information of the topescortbabes.com webpage, its subpages and other pages complies with the requirements of the regulations of the protection of natural persons in terms of personal data processing, on the free movement of such data, the 2016/679 (27 April 2016) regulation of the EUROPEAN PARLIAMENT AND THE COUNCIL (EU) and the repealing 95/46/EC regulation (regulation on general data protection), and the recommendations of the "Online Privacy Alliance". See the DATA PROTECTION COMMUNICATION.
XIII. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
13.1. The Service Provider is entitled to unilaterally amend the GENERAL TERMS AND CONDITIONS. The amendments shall be published on the website 11 (eleven) days before they enter into force. With the use of the webpage the Users accept that all of the regulations regarding the use of the website are automatically valid.
XIV. LEGAL REMEDY
14.1 In case if you have any objections or complaints, you can contact the company at the availabilities specified in the present GENERAL TERMS AND CONDITIONS. We handle complaints in writing and free of charge in each case.
14.2 In case of a written complaint we investigate the complaint following its receipt and we send a written notice about the results within 30 days of communicating the complaint. If so required, we can also send a notification electronically.
14.3 In case if the objection is received via FAKE report, typically related to the authenticity of the photos, the registered Member can also send the complaint anonymously (nick name and e-mail address). We will investigate the matter pursuant to Chapter IV of the GENERAL TERMS AND CONDITIONS.
14.4 In case if the complaint is not received through the Fake report, at [email protected] e-mail address or at our postal address, we handle the following data during the handling of the complaint, to which the person concerned explicitly consents.
- address or e-mail address
- phone number
- type of notification
- description and cause of the complaint
- needs and demands related to the complaint
- copy of the documents that you can present to justify your complaint
- other data required for the investigation of the complaint
14.5 The written complaints – including the records about the complaints prepared during the personal hearings – and the responses to the complaints are going to be archived for five years. After the retention period has elapsed, the data storage devices (documents) are going to be scrapped. The personal data registered in the complaint register are used exclusively for the sole purpose of complaint handling and assessment.
14.6 In case if your complaint is fully or partially rejected or if the deadline specified for the investigation of the complaint did not bring any results, you can bring your case to the following authorities and bodies:
- For advertisers: Our customers having a place of residence or stay in the European Union can use the online dispute resolution platform concerning the products and services purchased through the internet. The online dispute resolution platform is available at the following link:https://webgate.ec.europa.eu/odr/main/?event=main.home.show
- For members: In case of contracts concluded on online surfaces the consumer can also use the online dispute resolution platform operated by the European Union which is available at the following link: http://ec.europa.eu/odr
- Visitors and users in general: can turn to the National Consumer Protection Authority and the conciliation panels that are competent in their place of residence. The conciliation panel is responsible for the out-of-court settlement of consumer disputes between the consumer and the enterprise related to the quality, safety of the product, the application of product liability rules, the quality of the service and related to the conclusion and fulfilment of contracts between the parties (consumer disputes). For this purpose the conciliation panel tries to reconcile the parties, in case if no results are achieved, makes a decision in order to ensure the simple, quick, effective and cost-efficient validation of consumer rights.
XV. OTHER PROVISIONS
15.1 The present Agreement is concluded exclusively between us and you, third parties are not entitled for any contractual rights, thus third persons are not entitled to enforce the completion of the Agreement. This provision does not concern the members of our company group that have the right to execute the Agreement as if we were executing it. By the conclusion of the present Agreement any rights of third persons concerning the execution of the present Agreement are terminated regardless of third persons’ consent.
15.2 You shall not transfer this agreement or any rights related to the Service to a third person. However, we are entitled to transfer the rights or obligations related to the Service and arising out of this Agreement. In case if our rights are transferred to our legal successor, we get rid of all the responsibility arising out of the present Agreement.
15.3 In case if you realize any suspicious content published on the website which would violate your intellectual property rights, you are entitled to inform us of the infringement by way of an authentic document or a private transfer instrument or you can ask us to remove the infringing content. The notice has to contain the object of the infringement and the facts certifying the infringement, the data required for the identification of the infringing information, your name, your address, your seat, phone number and e-mail address.
15.4 If we do not take immediate actions against your infringing behaviour, this does not mean that we confirm the breach of contract and it does not give ground for any other infringements.
15.5 The present document contains the full agreement between us and you, as Parties. In case if any competent authority considers a part or the full text of the agreement unenforceable or void, the remaining parts and provision of the Agreement remain valid and continue to be in force.
15.6 The Service Provider is entitled to use a contributor in order to fulfil its obligations arising out of the present contract. The Service Provider is liable to take full responsibility for the infringing behaviour of this party just as if the Service Provider had committed the infringing behaviour.
15.7 In case if any parts of the present GENERAL TERMS AND CONDITIONS becomes void, illegitimate or unenforceable, this does not concern the validity, legitimacy and enforceability of the remaining provisions and parts of the Agreement.
15.8 In case if the Servcie Provider does not exercise its rights arising out of the present GENERAL TERMS AND CONDITIONS, failure to exercise such rights shall not be considered as renunciation of that right. Renunciation to any rights is only valid in case if there is an explicit written declaration related to that. The fact that the Service Provider does not strictly insist on fulfilling one of the conditions or provisions contained in the GENERAL TERMS AND CONDITIONS on one occasion, does not mean the renunciation of the strict fulfilment of that condition or provision in the future.
15.9 The Service Provider and the User do their best to settle their disputes in an amicably way, out of court.
15.10 In some countries legislations might be different, or the GENERAL TERMS AND CONDITIONS may require special conditions and complements. The User/Visitor/Member/Advertiser can find information concerning your country in Annex I. In case if there is no Annex I attached, the GENERAL TERMS AND CONDITIONS are valid without complements.
15.11 The present GENERAL TERMS AND CONDITIONS are valid as of 20 May 2018 and shall be in force until withdrawn.