In these terms and conditions, the following terms shall be defined as follows:
Account: A user account created by the User;
Provider: The (male or female) person who offers an erotic service on the Website, whereby said service is entered into by the Provider and the User, expressly outside of the knowledge and control of Siteways;
Services: the services provided by Siteways to Users;
User: The natural person and/or legal entity using the Siteways Website and Services;
Siteways: Siteways Group BV, a private limited company incorporated in Netherlands, with its statutory office in Leiden, and having offices at Rooseveltstraat 18-W, 2321BM, Netherlands. Registered with the Chamber of Commerce, registration number: 66566878. VAT number: NL856611256B01
Agreement: The User enters into the Agreement with Siteways for the purpose of using the Website and all Services associated with the Website(s) provided by Siteways;
Website: The websites that are managed by Siteways and which provide Services by Siteways to the User;
These Terms and Conditions apply to all Siteways Websites and Services (as described below), as well as to all information, recommendations, and/or other services provided by Siteways to the User.
These Terms and Conditions can be found on the Siteways Website. Upon request by the User, a copy of the Terms and Conditions will be sent by email to the User in Dutch. Furthermore, these General Terms and Conditions have been filed at the Court Registry of the District Court of The Hague as well as the Chamber of Commerce in The Hague.
Any deviations from these terms and conditions are only valid if agreed to between Siteways and the User in writing.
Siteways expressly rejects the applicability of the general terms and conditions of the User, terms of business and delivery, or any other User terms.
Prior to using the Website and its associated Services, the User is obligated to read and accept these Terms and Conditions. By using the Website and its Services, it is assumed that the User agrees with all the provisions in these Terms and Conditions.
Prior to the use of the Website and its Services, the User declares that he has read, understood, and expressly accepts the Siteways Cookie Statement and Website Privacy Statement. If the User does not accept the Siteways Cookie Statement and Privacy Statement, he should refrain from using the Website.
The Website and its Services may only be used by a User/Advertiser who is 21 years of age or older. Visitors to the website must be 18 years of age or older. If the User is not of age, he must immediately refrain from using the Website and/or its Services. Siteways may, if it has doubts about the Age of the User, (permanently) withhold access to the Website from the User. Siteways reserves the right to request the User to provide (personal) information to verify his age. The use of this personal information will be processed as provided for in Art. 6 of these terms and conditions.
By using the Siteways Website and its associated Services, the User hereby concludes the agreement with Siteways.
CONTENT OF SERVICE
Siteways delivers Services to its Users through its Website. These Services include (but are not limited to): - providing an online user platform whereby the User can contact an adult Provider and request information from the Provider for the purpose of potential (erotic) meetings; - the provision of a (chat) forum where Users can communicate and converse with each other; - the provision of an erotic phone line; - the display of erotic and pornographic imagery and video material.
Siteways is expressly not involved in the erotic service offered or supplied by a Provider to a User, or any such service which the User may request. In the event of a User contacting a Provider in any manner, a new agreement is created exclusively between the User and the Provider.
Siteways reserves the right to remove all User content from the Website which, at its own discretion, Siteways deems to be inappropriate or distasteful. Inappropriate content includes content that is defamatory, threatening, blasphemous, insulting or offensive, as well as content in which violence is glorified, may lead to violence or any other form of criminal conduct, as well as content depicting any images or video material of Children, child abuse, child pornography, advertising, or any other material that may be illegal or criminal. All the advertised material is reviewed before publishing. As long as the Emergency Ordinance COVID-19 is in effect in certain countries and physical contact between customer and model is not allowed due to the corona virus, advertisements that invite physical contact will not be allowed on our platform in those countries.
In terms of inappropriate User content as set out in Art. 4.3 above, Siteways reserves the right to (permanently) deny the User further access to his Account, as well as the Website and its associated Services. In addition, Siteways will, at its sole discretion or if so requested, forward such content to the relevant government agencies or other judicial authorities.
If Siteways discovers that a User is distributing any form of spam or junk email anywhere on the Website, Siteways reserves the right, and after a possible one-off warning, to (permanently) deny the User further access to his Account, the Website and its Services.
Siteways prohibits the uploading of computer programs (including auto refreshers/mouse clickers etc.), including files and other data material that contain destructive and unrecognizable features such as manipulated files, "hidden" files (e.g.: images integrated into audio files), worms, Trojan Horses, or bots for scrolling, or further activities that may disturb or interfere with the integrity or functioning of the online communication of the Website in general. If any of the above are discovered, the User involved will be permanently banned from the Website and his Account.
The User is only allowed to register and/or manage a single Account, unless Siteways has given express prior consent to the registration and/or management of multiple Accounts.
The User will use the Website solely for the purpose as described in these Terms and Conditions. The User will expressly refrain from using the Website for any form of illegal prostitution and/or sexual contact, human trafficking and/or any other form of sexual abuse. If Siteways suspects that the User is using the Website in violation of these terms and conditions, Siteways reserves the right to report it to the police or other relevant judicial authorities.
The Website allows the User to connect directly with other Users and/or Providers. The User will at all times behave in a respectful and appropriate manner while on the Website. If Siteways finds, in its view, that the User is in violation of accepted standards of decency, Siteways may (permanently) deny the User further access to the Website.
Prior to making contact with a Provider, the User should ascertain whether the Provider has any sexually transmittable diseases. If the User has any doubts regarding the Provider’s sexually transmittable disease status, he should immediately refrain from any further contact with the Provider.
Prior to a User making direct contact with a Provider, he should ensure that the Provider does not appear to be a minor. If the User has any doubts about whether the Provider is of age, or suspects that the Provider is a minor, the User shall immediately abstain from any further contact with the Provider and report his suspicions/information to Siteways and/or the police or other relevant legal authority.
Prior to a User making direct contact with a Provider whom he suspects, or has reason to believe is not offering his/her (erotic) services willingly due to human trafficking, or any other form of sexual exploitation, the User shall immediately abstain from any further contact with the Provider, and report his suspicions/information to Siteways and/or the police or other relevant legal authority.
The requested Provider will solely evaluate the request from the User. If the Provider refuses the User's request, the User shall refrain from further contact with the Provider, or adjust his request in accordance with the Provider 's wishes.
Siteways is not involved in Users’ requests. Siteways does not provide any direct erotic services. Siteways purely acts as a service provider of a user platform that facilitates Users contacting Providers.
The requested Provider will charge the requesting User for (erotic) services supplied. Siteways is expressly not a party to, nor involved in, this transaction. The requesting User must ensure that, before using the service of the requested Provider, he has been informed of how to make payment.
When registering an account, the User is required to provide his personal information. These include the User’s email address and, where applicable, name, address, and telephone number.
The User undertakes to provide Siteways with his personal information fully and accurately. The User is not allowed to provide the data of another User or Person. The User will not allow other Users or individuals to use his Account. If Siteways suspects that the User Account is being used improperly, or by someone other than the User, Siteways reserves the right to block and/or (permanently) delete this Account.
Article 6.3 may only be waived if Siteways has (explicitly) granted prior consent.
The User shall not disclose any personal contact details on his account, nor within the free entry fields of the Website and/or the Service. If Siteways finds that the User has offered his personal contact information, Siteways reserves the right to remove this information immediately.
The User's data will not be provided by Siteways to third parties outside of the European Union.
The User's data will be deleted by Siteways two years after the last web request/use of the Website. If it cannot be determined when the last use of the Website took place, Siteways reserves the right to retain personal data from the date on which the User last (visibly) visited the Website.
The User may authorize the use of his personal data for the purpose of receiving Siteways newsletters. The User can at any time notify Siteways to cancel any further newsletters. Siteways reserves the right to inform the User by means of a newsletter when there are any system changes to the Website or Services.
The User may request Siteways to permanently remove his personal information. Siteways will respond to this request unless it is not authorized to do so based on any judgment and/or legal obligations.
Siteways does not warrant that the information on the Website and related Services is complete, correct and/or accurate, nor that the Website is free of errors, defects, malware and/or viruses. Siteways is in no way liable for any damages resulting from content provided by a User on the Website or its Services.
Siteways shall not be liable for any damage caused to the User resulting from the User’s use of the Website (or the inability to use the Website and the Services), including (but not limited to) damage caused by malware, viruses and/or inaccurate or incomplete information on the Website, unless such damage is the result of intentional or gross negligence on the part of Siteways.
Siteways is not liable for any damage caused to the User resulting from the use of Siteways’ Services. Siteways is not liable for any defects (in the quality) of its Services. Siteways reserves the right, at any time, to delete an account, and completely or partially remove, block or make inaccessible the information of a Provider. Siteways is not liable for any damage caused to the User resulting from his (temporary) inability to contact a Provider and/or use the Service.
Siteways is explicitly not a party to any direct or indirect (sexual) contact between the User and the Provider. The use of (erotic) services of a Provider is entirely at the expense and own risk of the User. Siteways is expressly not liable for any direct or indirect damage, consequential damages, replacement damage and/or injury to the User resulting from the contact between the User and the Provider and/or the (erotic) services between the User and the Provider.
Without prejudice to the above, the total liability that Siteways may incur will amount to the maximum of 1,500 EUR for all damages caused by the use of its Website or Services.
The User shall indemnify, defend, and hold harmless Siteways’ officials, directors, employees, representatives, agents, and affiliated companies against third party claims for damages, including (but not limited to) all claims, costs, losses, liabilities and expenses arising from or relating to: a) the violation of the rights of the User of these Terms and Conditions or Agreement; b) violation of the rights of another User and/or third party; c) the violation of the rights of a Provider or any party affiliated with the Provider; d) the use and abuse of the Siteways Website or its Services.
In the event that Siteways is involved in civil or criminal proceedings brought about by a (representative of a) Provider, then Siteways reserves the right to call on the User for purposes of indemnification, as a witness, or as an added party. Siteways also reserves the right to fully recover all of its damages resulting from such litigation from the User and to seek the right of recourse from the User.
INTELLECTUAL PROPERTY RIGHTS
All current and future intellectual property rights in respect of, and resulting from, Siteways Website and Services, including (but not limited to) the patent, trademark, trade name, authors, (unregistered) model, domain name and database rights, remain the property of Siteways. The User acknowledges the above-mentioned intellectual property rights as the sole property of Siteways.
Insofar as the intellectual property rights resulting from the use of the Website and Services accrues to the User, the User shall immediately transfer these rights to Siteways, who accepts the transfer. If an intellectual property right requires a deed or registration for its transfer, the User will provide all reasonable efforts and cooperation to bring about such a transfer.
The User shall refrain from registering the names “Siteways” or “Sexguide”, and all similar names, word combinations, signs and/or logos, as trademarks within the Benelux and the European Community. The User shall refrain from using the trademark “Siteways”, and all similar names, word combinations, signs and/or logos within Dutch territory.
The User warrants that he will not place any content on his Account, the Service, or the Website that is in violation of any third party's intellectual property rights.
If the User discovers that a third party is infringing on any of Siteways’ intellectual property rights, he will notify Siteways immediately.
The User forfeits an immediately payable contractual fine of 2,500 EUR per Siteways infringement of Intellectual Property Rights, and 1,000 EUR per day thereafter for the duration of the infringement.
No charges will be made to your credit card, debit card, or Direct Debit account without your authorization by accessing the paid services areas. The website offers escort advertisements. We also offer to purchase credits to move the advertisements to the top of our escort lists. As well we may offer a premium membership subscription for certain features of the website. A premium membership enables you to access services beyond free services, members-only services, such as videos or club membership. These subscriptions will be automatically renewed as stated below upon expiration of the initial term unless you ask to cease the membership. All types of different fees to the Website are prominently displayed prior to your purchase.
You agree to pay all fees when due according to the billing charges and cycles.
Upon using any paid services, you must select a payment method. The Website reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a cardholder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account.
Siteways reserves the right to make changes to the fees and billing methods, including the addition of supplemental charges for any content or services provided, with or without prior notice to you, at any time.
For subscription services the Website uses an automatic re-bill cycle according to your selected payment method. f. If you believe that you have been wrongly billed, please notify us immediately of such error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its publication.
The Website may set a daily spending for members. This limit is a daily or 24 hour limit of charges. We set this limit at our sole discretion. Members can request to increase their daily limit by contacting the customer support team.
Bonuses, benefits and rewards are issued to members at the sole discretion of Website and they have no cash value and cannot be redeemed for cash or other benefits.
Credits expire 6 months after purchase.
Credits are not refundable. You cannot redeem them for cash or any other form of credit.
At any time, and without cause, subscription to the Service may be terminated at by Siteways, the site, or the subscriber upon notification of the other by electronic or conventional mail, or by telephone or fax. When the member requests the termination, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service. If you request cancellation or request a refund from your bank or card issuer due to unauthorized or fraudulent use, The Website can at its discretion, to prevent further unauthorized use, block your account or card from use at all Siteways clients websites. This will not however prevent unauthorized use at non Siteways customers, and is not a substitution for your contacting your financial institution to prevent further misuse. You are responsible for any charges imposed by your bank or credit card company for exceeding your account limits or overdrawing your account. Should a refund be issued by Siteways, all refunds will be credited to the credit card, debit card, or checking account used in the original transaction solely. Refunds will not be issued by cash, check, or to another credit card.
Siteways - Customer Service team may whenever deemed necessary, carefully investigate reports and other data at its disposal, resorting to any existing means for such effect.
In the event that a transaction is refunded, the correspondent amount will be credited in your account that was used to make the original purchase. The refunded credits will be deducted from your Credit Balance. Certain payment methods do not allow the refund because of technical reasons.
Notwithstanding the referred in the previous numbers, The Website will not be liable for any defamatory, offensive or illegal conduct of any subscriber, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by the subscriber to The Website.
Under no circumstances, including, but not limited to, negligence, shall The Website or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the service, without prejudice of the established in the present clause.
DURATION OF THE AGREEMENT
The Agreement between the user and Siteways is indefinite.
The User may terminate the Agreement by deleting his Account.
Siteways has the right to terminate the Agreement with the User immediately if the User violates a provision of this Agreement or (in the sole discretion of Siteways) misuse the Website and/or any Service.
Each of the parties is entitled, in addition to the grounds stated in the law, to terminate the agreement without judicial intervention and without notice in full or in part with immediate effect if the other party has declared bankrupt or has filed a bankruptcy application.
Regular mail: Siteways Group BV, Rooseveltstraat 18-W, 2321BM te Leiden Netherlands Contact our customer support team either by phone +31(0)852080118 or you can contact our customer support team the quickest way by filling out the contact form at https://www.topescortsite.com/support and they will get back to you shortly with the needed information. If you have any issue with completing this form, you can also e-mail us directly at [email protected] Please add this email address to your address book, so it is not marked as spam. Office hours: Monday till Friday 10:00-20:00 Emails sent during office hours will be answered within 0-2 hours.
These Terms and Conditions and this Agreement have been drawn up in accordance with the law in Netherlands. The parties declare this law applicable to these terms and conditions and this Agreement.
Any disputes arising from, or in connection with, these terms and conditions or agreements to which these terms and conditions are fully or partially applicable, will solely be settled by the court in Netherlands.
If it is found that any provision described herein is illegal, invalid or unenforceable, it will be severed from the terms and conditions whilst the remainder of the provisions of the Terms And Conditions will remain in full force.