Tuesday, October 19, 2021

terms & conditions ...play safe!

IMPORTANT: Read these terms and conditions. Upon accepting these terms and conditions and proceeding, you are entering a valid and binding contract with sadOsam for the use of its services. Should you not agree to any part of the terms and conditions, or if any part or content of sadOsam is illegal in your surrounding territory, please leave the sadOsam pages. Upon using the services by sadOsam you are agreeing, without limitation or qualification, to comply to the terms and conditions and be bound by them, in addition to any other posted guidelines and rules anywhere on sadOsam. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

The terms and conditions are as followed indicated as terms with a capital, whether singular or plural. The services are as followed indicated as service with a capital, whether singular or plural. All further definitions used for these terms and conditions are viewable at the end of the document.

  1. In case of questions and other reasons, SADOSAM can be contacted via the contact details available on the Website. Any and all communication between the User and SADOSAM is to be done in In case the contacting Person does not understand the English language, he must immediately inform SADOSAM of this in a for SADOSAM understandable way.

Age Limit

SADOSAMs Services include adult content and is not intended for minors under the legal age.

  1. Any User must be over the legal age of adulthood. By accessing the website and using the service, any User confirms to be at least the legal age in the country of the Users residence, and that, according to the law of the country he resides in, is allowed to use and view the sadOsam pages and its Services. Any found misuse by a User under age of adulthood will be followed up, and the responsible person will be blocked from further accessing sadOsam and its Services.
  2. By agreeing to the Terms you agree that the types of adult content shown on sadOsam do not cause you offence. sadOsam is not liable to remove content that causes you offence although we will do so if it is in breach of our own content policy or government laws.

License

Upon accepting the Terms, sadOsam grants the User a non-exclusive, non-transferable, limited right to access and use the services and pages of sadOsam solely for personal and non-commercial purposes, notwithstanding exceptions further mentioned in the Terms.

User Content

  1. The user acknowledges and agrees that sadOsam does not pre-screen content posted by users or transmitted by the services of sadOsam, and that sadOsam has no influence over the content provided by means of its services. sadOsam is not liable and/or responsible for any user content provided by means of its services and/or any use made of the service by the service’s users.
  2. sadOsam reserves the right (but no obligation, at its sole discretion, to review, edit, limit or refuse user content posted or transmitted by means of the service and/or to limit and/or refuse a User access and/or use of the Service, more specifically in the event that the User has been banned from the Service earlier.
  3. sadOsam furthermore has the right to remove any User Content that, in the eyes of sadOsam and its employees, violates these Terms of Use and/or that it deems to be otherwise objectionable. sadOsam may disclose your Personal Data and/or User Content to third parties where it believes, in good faith, that it is necessary to comply with a court order, ongoing judicial proceeding, criminal or civil subpoena, or other legal process or request by law enforcement authorities in the legal jurisdiction applicable to sadOsam, or to exercise its legal rights of defense against legal claims.
  4. Notwithstanding any other provisions of these Terms of Use, the use of the Service may not:
    1. Include harmful software such as viruses or Trojans that can damage or erase computers or data of sadOsam, Users or third parties or make it unavailable or inaccessible;
    2. bypass technical security measures of the computer systems of sadOsam or third parties;
    3. involve unreasonable or disproportionate use of the infrastructure of the computer systems of sadOsam or third parties or impede the functionality or functionalities of the Service;
    4. involve manual or automated software, devices, or other processes to “trawl”, “spider” or scrape any content of the Service;
    5. constitute unauthorized or unsolicited advertising, junk, spam, bulk e-mail, scam and/or phishing;
    6. infringe any third party’s Intellectual Property Rights, privacy rights or any other rights;
    7. involve (virtual) child pornography, bestiality, or other ways of unlawful sexual practices;
    8. harm minors in any way, including but not limited to establishing unlawful contact;
    9. promote or provide instructions or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury;
    10. involve any illegal activities or activities that are contrary to morality or public order;
    11. involve false or misleading information;
    12. involve unlawful use such as harassment or stalking of other Users; and/or
    13. involve otherwise inappropriate use;
    14. breach these Terms of Use; and/or
    15. be unlawful in any way whatsoever;
  5. The use of the Service is at the User’s own expense and risk. The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service. The risk of loss, theft or damage to any of its data will at all times be borne by the User.
  6. The Service may contain information that is derived from and/or may refer to third parties’ websites or services (for instance via hyperlinks, banners or buttons). Third party terms or conditions may apply to these websites or services. sadOsam has no control over the information and content of these third parties’ websites and services. sadOsam does not accept any responsibility and/or liability for this information and content of these third parties’ websites and services.

Account

  1. For the User to optimally use the Services, the User may have to create an Account on sadOsam as instructed by the Services guides. The User may only register an Account if he is a natural person and only on his own behalf. The Account allows for updating, amending and deleting of the Profile. The responsibility and liability to keep the confidentiality of the Credentials lies with the User. Should the User know or suspects unauthorized access to his Account, he should immediately inform sadOsam of this, in addition to take personal measures to protect his Access, such as changing his password.  
  2. sadOsam accepts no liability for any damages resulting from unauthorized access to or use of the Service by the User or third parties.
  3. As an exception to the non-commercial license mentioned above, the user can register his account as an authorized representative of a group, establishment, organization, institution or company. The user. The policy of such a represented legal entity of the User may not breach the Terms of sadOsam. sadOsam is neither liable nor responsible for the represented legal entity of the User, as sadOsam has no influence over their policies. The registered representing User of such a group, establishment, organization, institution or company is allowed to transfer his rights of the Account to another user as long as he follows the Terms.
  4. sadOsam has the right, for any reason, to request a User to provide additional information for verification of Personal Data and/or User Content the User posted on his account or the Service. sadOsam is allowed to edit or delete Personal Data and/or User content as well as to suspend and/or delete the Account and the Users use and access to the Service.

Additional Services

  1. sadOsam may offer Additional Services containing descriptions, pictures, photographs and/or other graphical displays, which may be as accurate as possible, but are nonetheless not binding for sadOsam.
  2. Prices for any Additional Services are quoted in the price list wherever sadOsam decides to publish those. Prices are in the currency mentioned in said price list, inclusive of Vat, import duties and imposed taxes, duties and levies, which are the sole responsibility of the User.
  3. The User has the obligation of informing sadOsam about any inaccuracies in any offers, prices or payment details provided and described by sadOsam immediately. SadOsam cannot be hold to any offers for Additional Services if the offer and/or price have been obvious mistakes or errors in writing and are in all reasonableness recognizable as such.
  4. SadOsam retains the right to adjust its prices at all times.
  5. Has the User made a payment for the Additional Services with the use of a credit card, reclamation of the payment by the User is not allowed once he has made any use of the Additional Service purchased. Should the User breach this Term, sadOsam has the right to charge the User any and all reasonable costs by sadOsam to have the User fulfill his payment obligation, to terminate the Agreement with immediate effect, to suspend the provision of the Additional Service, block the User from accessing and using the Service and/or to postpone the provision of the Additional Services until the User has met his complete payment obligations.
  6. As the Additional Services are provided immediately after purchase, the User is not allowed to revoke the Additional Service after purchase.
  7. Any amounts paid to sadOsam are non-refundable and non-transferrable to another Account.

Intellectual Property Rights

  1. sadOsam and/or its suppliers reserve all rights not expressly granted to the User in these Terms. The User acknowledges that sadOsam and its suppliers retain all rights, title and interest, including the Intellectual Property Rights, and to the Service as well as any modifications adaptations or translations thereof. The User acknowledges and agrees that he does not acquire any rights therein, express or implied, except for the rights expressly granted under these Terms.
  2. The User has no permission to either sell, rent out, transfer or grant restrictive rights to the Services of SADOSAM and third parties, or to make it available to third parties in any way or for any purpose. The User is also not allowed to grant third parties access – remotely or otherwise – to the Service or to provide the Service to a third party.
  3. The user agrees to the following:
    1. The User retains all Intellectual Property Rights with regard to the User Content he uploads. SADOSAM does not claim any Intellectual Property Rights that belong to the User. The User grants SADOSAM a royalty-free, unencumbered, world-wide, sub-licensable, non-exclusive right to use User Content he uploaded solely in connection with the Service provided by SADOSAM by means of the Website and/or App.
    2. The User himself can control which of his User Content including pictures become publicly visible.
    3. As part of the Service, SADOSAM may present content that a User has chosen to make publicly visible to other Users of the Website and/or App, like highlighting User profiles or showing interesting profiles in other Sections of the Website or of SADOSAMs Service.
    4. SADOSAM may present content, that a User has chosen to make publicly visible, by email to other Users of the Website or of SADOSAMs Service.
    5. This license granted ends when the User deletes his User Content or his Account. When the User deletes User Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, the User understands and agrees that removed content may persist in caches and/or backup copies for a reasonable period of time (but will not be available to others). The above does not apply to User Content that the User has shared with other (SADOSAM) Users or third parties. Such User Content has to be deleted by the recipients of such User Content. The User understands and accepts that these recipients may not have deleted such User Content and that the deletion of such User Content is beyond SADOSAM’s control.
  4. The User acknowledges and accepts that User Content he posts by means of the Service is accessible and may be used by other Users and such other Users may not use the User Content in accordance with these Terms of Use and / or applicable legislation. SADOSAM cannot guarantee that other Users will use the User Content in accordance with these Terms of Use and/or applicable legislation. The User will not hold ROMEO responsible for the submissions or actions of other Users. ROMEO does not accept any liability for any actions of other Users which are in violation of these Terms of Use, the applicable legislation and/or which are otherwise unlawful.

Database Usage

  1. SADOSAM retains a database to collect data necessary for its Services, management and business. SADOSAM and/or its licensors are the producer(s) of this database and in that capacity has/have the exclusive right to grant consent for the use of data from this database. The User may only use data from the database insofar as use is allowed pursuant to these Terms of Use. The User is not allowed, without the prior written consent of SADOSAM and/or its licensors, to retrieve and re-use a substantial part of the data of the database and/or retrieve and repeatedly and systematically re-use non-substantial parts of the data of the database.

 Report

  1. In order to stop breaches of any third parties’ rights as soon as possible, SADOSAM has developed a procedure for reporting allegedly infringing or unlawful User Content. Users can send a Report which should contain the information necessary for SADOSAM to take appropriate action.
  2. SADOSAM will study the Report. Based on the information in the Report and/or any other information, SADOSAM can, at its sole discretion, decide to take the measures it deems appropriate, including but not limited to:
    1. issuing a warning to the responsible User;
    2. deactivating the responsible User’s Account;
    3. deleting the responsible User’s Account; and/or
    4. deleting User Content.
  3. SADOSAM reserves the right to forward the Report to the User responsible for the allegedly infringing or unlawful User Content.
  4. SADOSAM reserves the right not to meet the requests made in the Report, for instance if it has reasonable grounds to doubt the accuracy of the Report, the validity of the evidence provided or if a balancing of interests requires SADOSAM to do so. In this context, SADOSAM may require – for instance – a judicial decision of a competent court in the Netherlands, which judicial decision demonstrates that the material or the activity is manifestly unlawful.
  5. SADOSAM will in no event be a party to a dispute between the User and the party that submitted the Report, unless SADOSAM, at its sole discretion, decides otherwise.
  6. By issuing a Report, the User will indemnify and hold SADOSAM harmless against any third-party actions or claims related to the deletion of material or stopping of activities. The indemnification includes all costs and damages SADOSAM may suffer and has suffered in connection with such action or claim, including – but not limited to – the costs for legal aid.

 Interruptions and Indemnities

  1. SADOSAM and its Services do not guarantee to be error free, complete, accessible and/or up-to date at all times. The Service only provides functionality and other features as found in the Service at the time of use (“as is”), and the User agrees to that. Failures of the services can occur over various reasons such as for example failers in the internet or access device connection or other faults and defects, or viruses. SADOSAM is not liable for any damage, loss or costs from SADOSAM and its Service being unavailable at any given time, including but not limited to the loss of data or inability of access or use of the Service.
  2. SADOSAM is entitled to change and/or update SADOSAM and its Services at any given time without any prior notification and without being obliged to pay any compensation to the Users. Changes and Updates can, but are not limited to include the design and/or layout of any functionalities of SADOSAM and its Services as well as the functionalities themselves.
  3. SADOSAM reserves the right to put SADOSAM and its Services out of service and/or reduce is availability, access and/or functionalities without prior notifications and without being obliged to pay any compensation whatsoever to the User, if SADOSAM deems necessary to do so, for example in connection with required maintenance of the Service or due to force majeure.
  4. Sit is not guaranteed by SADOSAM in any way that any terms and conditions applicable to third paries allow the use of and/or interaction with the Service.
  5. The User acknowledges and agrees to bear all responsibility and be liable for the Use he makes of SADOSAM and its Service, including but not limited to his use of his Account and Profile. The User indemnifies and holds SADOSAM harmless against any and all claims by third parties in connection with or resulting from the use That the User makes of the Service, a violation by the User of these Terms, and/or any unlawful activities.

Limitations of Liability

  1. SADOSAM’s liability for attributably failing to perform the Agreement or any unlawful act will be excluded, to the extent allowed by a mandatory or peremptory rule of law.
  2. In the event of an attributable failure or unlawful acts of SADOSAM, the User’s only remedy is to discontinue the use of the Service and/or to delete his Account.
  3. In the event that SADOSAM is liable for damages under a mandatory or peremptory rule of law, the damage will be limited to an amount of EUR 50.- per event (a series of connected events being considered as one event). In no event will SADOSAM’s total, aggregate liability, exceed EUR 1-.
  4. SADOSAM’s is excluded of any liability for consequential damages arising out of, or in connection with the Agreement or the Terms, such as, but not limited to, loss of profit, loss of business, loss of anticipated savings, or any other similar financial loss or loss of goodwill or reputation, or other incidental, indirect, punitive or exemplary damages of any kind, independent of whether the User provides notice to SADOSAM of such potential injury, damages or loss.
  5. The User’s right to claim under the Agreement, these Terms, unlawful act or otherwise shall lapse one (1) year after the occurrence giving rise to the claim or action in any event.
  6. The limitations mentioned in the preceding paragraphs of this section (Limitation of Liability) shall not apply if and insofar as the damage or injury is the result of intentional acts or omissions or gross negligence by SADOSAM or its managers.

Termination and remedies

  1. The User retains the right to terminate the agreement by terminating the Account and/or the use of the Service at any given time.
  2. SADOSAM reserves the right, in addition to other remedies available to SADOSAM, to, without prior notice in any form and without becoming liable to the User
    1. Terminate the User’s Account as well as his use of the Service, whether temporarily or permanently, should SADOSAM, at its sole discretion, deem it is necessary, including but not limited to the prior stated violations in the Terms.
    2. Suspend, restrict or ban the User’s activities and access to the Service.
    3. Ban a User from the Service and take measures to prevent banned Users from accessing the Service from a new Account, as well as terminating any Accounts created by banned Users.
    4. Edit, delete, or refuse to publish any content or services within the Service as mentioned prior in the Terms.
    5. Transfer a group Account to SADOSAM itself and/or another User should SADOSAM deem necessary to do so.
  3. All provisions which are meant to survive the termination of the Agreement, including but not limited to all of the User’s representations, warranties and indemnification obligations, shall survive such termination

Third parties

  1. SADOSAM keeps the right to bring in and commission third parties, such as, but not restricted to, service providers and their authorized agents to perform and/or enable the performance of any of the services under the Agreement and/or these Terms, either in whole or in part.
  2. SADOSAM may provide Personal Data to third parties it hires for reasons such as, but not restricted to, performing and preventing fraud identification.
  3. The User acknowledges and agrees that he is not allowed to transfer his rights and/or obligations to a third party under any circumstances

Applicable law and competent court

  1. These Terms and Conditions, the Agreement and the use of the Service are governed by the laws of Switzerland.
  2. All controversies, disputes or claims arising out of or relating to these Terms, the Agreement and/or the use of the Service will be exclusively and finally settled by the competent civil court of Zurich, Switzerland, unless a mandatory or peremptory rule of (international) law prescribes another competent court.

Definitions

  • Account:the section created by the User upon registering for the Service, such as a user account or group account (formerly known as club/guide account) section that is customized by him and which section includes the Personal Data that the User provided during the registration process;
  • Additional Service:additional, paid services provided by SADOSAM as described on the Website;
  • Agreement:the agreement between SADOSAM and the User for access to and use of the Service and/or Additional Services;
  • Credentials:the User’s Profile name and password which are required to access the Account as well as to use the Service;
  • Intellectual Property Rights:all the intellectual property rights including but not limited to rights such as copyrights, trademark rights, patents, model rights, trade name rights, database rights and neighboring rights as well as the rights to know-how;
  • Parties:the User and SADOSAM;
  • Personal Data:any data that directly or indirectly relates to a an identified or identifiable natural person;
  • SADOSAM:the private company with limited liability SADOSAM B.V., having its office in Zurich, Switzerland, 8052 Seebach;
  • Profile:the part of the Account which is visible to other Users. The Profile is part of the Account;
  • Report:the notice which can be used to report infringing User Content, available on the Website.
  • Service:all services, including Additional Services, provided by SADOSAM by means of the Website;
  • Terms of Use:these Terms of Use that apply to any and all use of the Service;
  • User:the natural person registered for the user Account or group Account;
  • User Content:any content provided by the User by means of the Service, including but not limited to Profile information, forum posts, profiles, images, classified advertisements and guestbook entries;
  • Website: all websites, domains, IP-addresses and all underlying pages thereof, used by SADOSAM in their performance of the Service including but not limited to www.sadOsam.com.