Terms of Service

1. Introductory Provisions

   For the purposes of these Terms and Conditions the below terms have the following meaning:

   “Civil Code” means Act No. 89/2012 Sb., the Civil Code, as amended;

   “Cookie Policy” means the cookie policy described in art. 11.2 below which forms an integral part of these Terms;

   “Contract” means a contract under the Civil Code concluded between the Operator and the User, under which the Operator has undertaken to allow to the User to use the Services, and under which the User is entitled to use the Services and obliged to fulfil the obligations arising from the Contract and these Terms;

   “Copyright Act” means Act No. 121/2000 Sb., regulating the copyright, rights related to copyright, and amending other acts, as amended;

   “Device” means any device that can be used by the User to enter the Website and use the Services, for example a desktop, a laptop, a tablet or a smartphone;

   “Legally Competent Person” is an individual who has reached the age of eighteen (18) years and has become fully legally competent; if the individual is not a citizen of the Czech Republic, he/she must be fully legally competent in accordance with the law of the state in which he/she is a citizen, or in accordance with the law of the state which is applicable to the individual;

   “Operator” means SIMPLY DIGITAL s.r.o., with its registered office at Sokolovská 428/130, 186 00, Praha 8 - Karlín, Tschechische Republik, ID No.: 09139613, entered in the Commercial Register maintained by the Stadtgericht in Prag, Abschnitt C, Akte 331521 or another entity associated to the company providing Services to Users;

   “Operator Content” means the Operator’s video, audio or audio-visual content made available through the Website which may be protected by copyright, trademark, trade secret and/or other rights;

   “Privacy Policy” means the privacy policy described in art. 11.1 below which forms an integral part of these Terms;

   “Services” are defined in art. 2.1 below;

   “Subscription” means the User account created on the Website to access content and Services, especially Operator Content, that are restricted to registered Users for a set period of time, as specified in the pricing and subscription plan selected by the User;

   “Subscription Fee” means the fee paid for the Subscription as specified on the Website;

   “Terms” mean these Terms and Conditions, which form an integral part of the Contract;

   “User” or “you” means any person who entered the Website;

   “Website” means this website;

   “Works” are defined in art. 7.1 below.

2. Basic Provisions

   1. The Website allows for general viewing of various types of adult-oriented Operator Content by Users by registered and unregistered Users who desire to view visual depictions of adult-oriented Operator Content, including sexually explicit images, through any Device (“Services”). In addition, the Website may contain other content, such as texts, messages, files, data, information, images, videos, and other materials or code.

   2. To access some of the Operator Content, the User may be asked to provide certain registration details and even pay relevant fees, i.e. obtain a Subscription pursuant to art. 3 of these Terms.

   3. The Website may contain links to third-party sites that are not owned or controlled by the Operator. The Operator has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites. You expressly acknowledge that the Operator shall not be liable for content or defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Operator does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website.

   4. By using or visiting the Website, or any of its content, functionality, and services offered on the Website, whether as a guest or a registered User, or by expressly accepting these Terms when this option is made available, you are entering into a legally binding Contract between you and the Operator.

   5. By accessing the Website through any Device, you confirm that you are a Legally Competent Person and you agree that you will use any of the Services provided through the Website in private, for your own personal use; you also further warrant that the content of the Website (including Content) does not offend or otherwise threaten you and you are entering the Website voluntarily.

   6. We may update the Website from time to time and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and the Operator is under no obligation to update it. The Operator does not guarantee that the Website, or any content on it, will be free from errors or omissions. The Operator also reserves the right to interrupt or terminate the operation of the Website and/or the provision of the Services.

3. Subscription

   1. You may obtain a Subscription as you cannot access some of the content on the Website, especially Operator Content, without obtaining a Subscription. You may choose between different types of Subscriptions varying in the period of the Subscription. The Subscription options and fees are presented to you on the Website.

   2. Only a Legally Competent Person is authorized to obtain a Subscription. You can obtain a Subscription on-line via the Website on any Device.

   3. You are obliged to provide correct, true and accurate information upon obtaining a Subscription and inform the Operator without undue delay about any changes in the provided information.

   4. Age verification records are collected and reviewed before permitting a User to pay for Subscription.

   5. The information provided by you when obtaining the Subscription must not contain any offensive, defamatory, outrageous and socially unacceptable words (particularly in conflict with good manners and generally binding legal regulations), phrases, graphical expressions (e.g. emoticons) that would express your mood, opinions or emotions, or any similar means of communication. The above applies primarily to your registration (login) name and registration password.

   6. By purchasing a Subscription, the User gives explicit consent to the provision of the Services in full by the Operator, whereby the right of the User to withdraw from the Contract, including the right to related refunds or chargebacks of the Subscription Fee, ceases to exist in accordance with Section 1837(l) of the Civil Code.

   7. The User is fully responsible for the use of the login name, password and/or other login details entered when obtaining the Subscription. Users are obliged to keep their login information confidential and safe and take appropriate steps to maintain the security and confidentiality of their login information (particularly by not using easily identifiable login information and by regular changing of login information). In the event of disclosure, alienation or misuse of login information, the User is obliged to immediately change the login information and notify the Operator without undue delay by sending an email to Simply Digital Bill <[email protected]>.

   8. You shall pay the Subscription Fee for your Subscription that varies according to the period of the Subscription. The Subscription Fee shall be paid via payment card through a third party payment provider. In case the third party payment provider fails to provide us with your payment, you have to repeat the payment and demand return of the unsuccessful payment from the payment provider.

   9. Your Subscription is subject to periodical renewal (for the same period as initially ordered), unless you cancel it as stated below. You are obliged to pay the Subscription Fee for any renewed period of your Subscription.

   10. The Operator reserves the right to change its fees and billing methods related to the Subscription, including the addition of supplemental fees or separate charges for content or Services provided on the Website or changes to Services associated with various Subscription options, effective thirty (30) days after you have been provided with notice of billing changes via email. If any such change is unacceptable to you, you may cancel the Subscription, as provided below. Your continued use of the Website following the effective date of a change to such fees and billing methods shall constitute your acceptance of such change.

   11. You may request for cancellation of your Subscription payments at any time. If you request for cancellation of your Subscription more than five (5) days prior to its scheduled renewal, the termination will take effect at the end of the current period of Subscription. If you request cancellation of your Subscription less than five (5) days before the scheduled renewal date, the cancellation will take effect at the end of the following period of the Subscription (e.g., the second following month).

   12. You acknowledge that canceling your Subscription may result in loss of access to the subscribed content. Loss of access to the subscribed content may also be caused due to other reasons that will result in non-renewal of the Subscription (e.g., the payment method fails due to insufficient funds).

4. Refund Policy

   1. In accordance with the consent provided by the User under art. 3.6 of these Terms, the User acknowledges and agrees that he/she is not entitled to a refund of the Subscription Fee or any other costs incurred in connection with the provision of the Services.

5. Rights and Obligations of the User in the use of the Website

   1. When using Services by accessing the Website through any Device, Users are obliged to fully comply with these Terms.

   2. When using the Services, the User undertakes:

      1. To adhere to all obligations stipulated by generally binding legal regulations;

      2. Not to use the Services and Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

      3. Not to use the Services and Website for the purposes of harming or attempting to harm minors in any way;

      4. Not to (directly or indirectly) allow or mediate the access to the Website to a third party that is not a Legally Competent Person, primarily to the display of the Content, entry to the Website or the Registration, or any other (direct or indirect) use of the Services;

      5. To ensure that all Legally Competent Persons who access the Website through the User’s internet connection or account are aware of these Terms and other applicable terms and conditions, and that they comply with them;

      6. Not to enter the Website and use the Services at places (in particular, publicly accessible) where their contents may have an insulting, humiliating, or immoral effect on third parties and places where it is banned by generally binding legal or internal regulations, i.e., for example, in the premises of public administration and local government authorities; and

      7. Not to violate intellectual property (copyright, trademarks, patents, etc.) of the Operator or a third party, particularly not to provide access to, publish, copy, distribute, misuse, or use in any manner the content of the Website (including Content), i.e. materials, videos, or audio-visual recordings, etc. protected, in particular, by the Copyright Act or other generally binding legal regulations without a consent or a relevant license.

   3. In addition, the User may particularly not:

      1. Use the Website to promote, list, publish other services, applications, or websites similar to the Website in terms of content or otherwise, and promote, list and publish advertisements and other statements close to them in nature; promote, in any manner, another businessman through the Website (who is a competitor to the Operator), and publish any material capable of damaging the reputation or interests of the Operator;

      2. Jeopardize other visitors of the Website by spreading computer viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code or items designed to adversely affect the operation of any computer software or hardware;

      3. Attempt to gain unauthorized access to the Website, the server on which Website is stored, or any server, computer, or database connected to the Website. You must not attack the Website, especially via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence. The Operator will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing all information about you to them without the necessity to inform you about it. In the event of such a breach, your right to use the Website will cease immediately.

      4. In any way interfere with the Website content, in particular jeopardize or disrupt its operation, data content, or integrity by decompiling its source code, compromise its confidentiality and security, or obtain personal data of other Users without authorization; or

      5. Use the Website to sell goods or services or to distribute advertising materials.

   4. Trademarks, logos, graphic art, images, photographs, animations, videos, and texts that appear on the Website and have not been created by the User may not be reproduced, used, published, distributed, sold, or displayed by the User without the prior written consent of the Operator.

   5. The User undertakes to inform the Operator without undue delay about any breach of the obligations stipulated in these Terms. Each User is obliged to inform the Operator about any breach of the Terms by another User and report any undesired or defective Content of the Website published by another User by sending a message to the Operator or directly through the Website.

   6. You may link to the Website, provided that you do so in a way that is fair and legal and does not damage the Operator’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

   7. You agree to cooperate with the Operator in causing any unauthorized framing or linking immediately to cease. The Operator reserves the right to withdraw any linking permission without notice.

6. Operator’s Liability

   1. You use the Website at your sole risk. The Operator provides the Website “as is” and “as available”. To the fullest extent permitted by applicable laws the Operator expressly disclaims all warranties of any kind related to the Website and Services obtained through the Website, whether express or implied. You will be solely responsible for any damage to your Device and systems or loss of data that results from your use of the Website.

   2. The Operator does not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your Device, programs and platforms in order to access the Website. You should use your own virus protection software. The Operator will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material specified in art. 5.3 that may infect your Device, programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

   3. The Operator is not liable to any User for any loss or damage, whether related to mutual contractual relations, breach of statutory duty, or other, even if foreseeable, caused by or arising in connection with:

      1. use of, or inability to use, the Website;

      2. use of or reliance on any content displayed on the Website.

   4. When using the Services, the Operator is not liable for services supplied by third parties, such as the internet connection quality, quality of telecommunication services supplied by the relevant operator or amount of fees or exchange rates determined by payment institutions, etc. The User understands that he/she cannot exercise any claim in respect of the Operator relating to the content, scope or quality of the Services, and the User undertakes not to exercise such claims in respect of the Operator; if such claims would arise, the User waives them when they arise.

   5. The Operator is not liable for the prevention of or limitations in the use of the Services by the User as a result of the Website unavailability caused by failures in the internet network operations, as well as other technical circumstances that the Operator cannot influence or the resolution of which requires the cooperation of third parties.

   6. The Operator is not liable for the loss of User’s data. The Operator reserves the right to limit or temporarily discontinue the operation of the Website without compensation in justified cases of technical failures on the part of the User or the internet network.

   7. The User acknowledges that the access to the Website and consequently to the use of the Services may be limited or suspended due to technical or other reasons. The Operator is not liable for unintended failures in the operation of the Website of technical nature.

   8. The Operator is authorized to suspend the provision of Services to the User in the event of any breach of these Terms by the User. The Operator bears no liability for any harm incurred by the User as a result of the above suspension of the Services, and the User is not entitled to receive any compensation for the harm incurred by the User as a result of such suspension.

   9. To the extent permissible by applicable laws, you agree to defend, indemnify and hold harmless the Operator and any affiliates to the Operator from and against any and all third party claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to usual attorney’s fees) arising from: (i) your use of and access to the Website in violation of any term of these Terms; (ii) your violation of any third party right, including, but not limited to, copyright, property, or privacy right; (iii) any of your conduct in violation of any term of these Terms. This defense and indemnification obligation will survive these Terms and your use of the Website. You agree that the Operator shall have the sole right to control the legal defense against any such claims, demands, or litigation. This is without prejudice to the Operator’s and third parties’ claim for damages (regarding both material and non-material damage) arising from the breach of any obligation of the User.

7. Operator’s intellectual property rights

   1. The Website (including without limitation, any text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logo and information) and certain content, especially Operator Content, made available through the Website is owned, created, purchased, or licensed by the Operator (collectively “Works”). The Works may be protected by copyright, trademark, trade secret and/or other rights, and the Operator reserves and retains all rights in the Works and the Website.

   2. The Operator hereby grants you the license to access, view and display the Website and Works in a manner and for the purpose arising from these Terms. The license is granted conditional, royalty-free, time-limited for the term of the Contract, non-sublicensable, non-transferable, non-exclusive and unlimited in territory. The license is conditioned on your compliance with these Terms.

   3. If the Website allows you to download or otherwise copy Works, the Operator grants you a revocable, non-sublicensable, and non-exclusive license to possess and use the copies for personal, non-commercial use. The license is conditioned on your compliance with these Terms. At the expiration of the license or the termination of the Contract, you will delete all copies of Works in your possession.

   4. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, publicly display or use the Website or Works or any adaptations thereof for commercial purposes unless expressly set forth herein. In case of potential breach of our rights set forth herein, you acknowledge that the Operator might pursue any type of investigation and/or proceeding leading to protection of our rights against you.

   5. If you print off, copy or download any part of the Website in breach of these Terms, your right to the Website will cease immediately and you must, at the Operator’s option, return or destroy any copies of the materials you have made. The license shall be terminated upon termination of the Contract. If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated.

8. Content removal procedure

   1. If you believe that your intellectual property rights have been infringed in any manner through the Services, send us your notification of claimed infringement to Simply Digital Bill <[email protected]>. Upon receiving your communication, we will review and address your concerns accordingly within seven (7) business days.

   2. If an individual has been portrayed in any content, they possess the right to request the removal of said content. Send us your notification of claimed infringement to Simply Digital Bill <[email protected]>. Upon receiving your communication, we will review and address your concerns accordingly within seven (7) business days.

   3. We support a complaint process that allows for the reporting of content that may be illegal or otherwise violates the Visa and Mastercard Rules. Any complaint will be addressed within seven (7) business days. In the event there is evidence of illegal content, we will proceed to remove it immediately.

9. Term of the Contract and Termination of the Contract

   1. The Contract is concluded for an indefinite period.

   2. The Operator is entitled to terminate the Contract with immediate effect after the delivery of the notice to the User without any prior request or warning if:

      1. The User provided incorrect, untrue and/or misleading information when obtaining the Subscription;

      2. The User has breached any obligation under these Terms or any other obligation stipulated by generally binding legal regulations;

      3. The Website is terminated or its operation is significantly limited;

      4. The Operator loses the authorization to operate the Website or the authorization is suspended; or

      5. Insolvency or similar proceeding is initiated in respect of the User.

   3. The termination of the Contract results in the cancellation of the Subscription and the authorization to use the Services by the User. In such case, the User shall not access the Website anymore, and the Operator may block such access.

10. Notification

    1. Unless the Operator provides otherwise, any notification, request, or communication to be made to the Operator under these Terms will only be made by email and sent to the Operator’s email address Simply Digital Bill <[email protected]> or to another e-mail address of the Operator specified on the Website.

    2. Any notification, request, or communication to be made to the User under these Terms will be made by email to the User’s email address, through the Website, or in another appropriate way.

    3. The parties undertake to notify each other about any changes in contact addresses without undue delay and without being obliged to conclude an amendment to the Contract.

    4. Any notification, request, or another communication will be deemed delivered to the other party to the maximum possible extent permitted by generally binding legal regulations on the third (3rd) day after it was sent, even if the party does not read the message received by any of the methods listed in these Terms. The above listed delivery method applies to the communication of any message, i.e. particularly upon the termination of the Contract by the Operator.

11. Other Applicable Terms

    1. Privacy Policy, which sets out the terms on which the Operator processes any personal data collected from you or that you provide to the Operator. By using the Website, you warrant that data provided by you are accurate.

    2. Cookies Policy which sets out the terms on which the Operator declares what cookies are active on the Website, what User data the Operator tracks, for what purpose, and where this data is sent.

12. Complaints

    1. In the event that, for reasons on the part of the Operator: (i) it is not possible to use the Service due to Website inaccessibility or error or (ii) the Operator has failed to fulfil another obligation under these Terms, the User is entitled to file a complaint with the Operator regarding these defects. The User is entitled to complain about the above defects without undue delay, but no later than within seven (7) days of the day when the User detected or could detect these defects. The User is entitled to file a complaint at Simply Digital Bill <[email protected]>.

    2. The Operator undertakes to handle the complaint filed by the User in accordance with these Terms within seven (7) days from the delivery of the User’s complaint to the Operator and remedy the defective condition without undue delay as allowed by its capacities, providing the complaint is justified. The User is obliged to provide the Operator with all necessary assistance to this end. If the complaint is filed later, the User’s entitlement to have the complaint settled will cease to exist.

    3. The Operator will make the final decision on the complaint. The User must provide evidence to support their complaint (e.g., a screenshot), and if no evidence is provided, the complaint may not be considered. The evidence provided by the User should be credible and conclusive. In case of a conflict between the evidence provided by the User and the evidence held by the Operator, the Operator's evidence will be considered unless the Operator decides otherwise.

    4. All complaints must be reviewed and resolved within seven (7) business days.

13. Final Provisions

    1. The contractual relationship between the Operator and the User is governed by Czech law, in particular by the Civil Code. In the event of a conflict, the Contract, including the Terms, takes precedence over the non-mandatory provisions of the Civil Code.

    2. In accordance with Act No. 634/1992 Sb., on consumer protection, as amended, the User is entitled to an out-of-court settlement of a consumer dispute arising from the Contract. The entity which is authorized to deal with such out-of-court dispute is the Czech Trade Inspection Authority. Detailed information is available at www.coi.cz. An out-of-court settlement of a consumer dispute is commenced solely at the suggestion of the User and only if the dispute with the Operator was not resolved directly. The petition may be filed no later than one (1) year after the date when the User exercised his/her right which is the subject matter of the dispute for the first time in relation to the Operator. The User is also entitled to initiate the out-of-court settlement of the dispute through the ODR platform available at https://ec.europa.eu/consumers/odr/. The out-of-court settlement of the dispute is not deemed to be mediation or arbitration and is without prejudice to the parties’ right to approach the Czech Trade Inspection Authority or a court with a claim. For the duration of the out-of-court settlement of the dispute, limitation periods set out in the Civil Code, do not continue nor start until one of the parties to the dispute explicitly refuses to continue the proceeding.

    3. Any disputes arising from or in connection with the Contract, including the issues of validity, interpretation, implementation or termination of the rights arising from this Contract will be referred to a Czech court having the subject-matter and territorial jurisdiction according to the Operator’s registered office.

    4. The Operator is authorized to offset any of its receivables against the receivables of the User, primarily any damages, detriment, unjust enrichment, costs and other performance. The User is not authorized to offset his/ her receivables against receivables of the Operator, or to assign his/ her receivable from the Operator.

    5. In the event that any provision of the Contract or these Terms becomes ineffective, invalid, unenforceable or putative, the remaining provisions of the Contract or these Terms will remain valid. In this case, the parties will replace such ineffective, unenforceable or putative provisions by a provision which comes as close as possible to the economic purpose of the ineffective, unenforceable and putative provision. For the avoidance of doubt, any potential ineffectiveness, or invalidity or unenforceability of any of the provisions of these Terms does not result in the ineffectiveness, invalidity or unenforceability of the Terms as a whole.

    6. The Operator may revise these Terms in a reasonable scope at any time by amending this page and you agree to be bound by such revisions. Please check this page from time to time to take notice of any changes the Operator made, as they are binding on you. If the Operator changes anything in these Terms, the change will be reflected in the “last modification date” stated at the beginning of these Terms. If you are a User with Subscription, the Operator notify you with a proposed change in these Terms thirty (30) days before it becomes effective by email, or by any other method of communication. You can reject such change in these Terms via email within ten (10) days from receipt of the notification. By rejection of proposed change of these Terms within the respective period, the Subscription shall be terminated in the notice period of thirty (30) days beginning at the day when the Operator receives your rejection of the proposed change. If you have not rejected the proposed change within ten (10) days from receipt of the notification, the change shall become binding on you. During the notice period, the relationship between you and the Operator shall be subject to the Terms in the current (unchanged) version.

    7. The User hereby explicitly agrees and grants its consent with the assignment or transfer of rights and obligations of the Operator or parts thereof to any third party or parties. The Operator undertakes to inform the User about any such assignment or transfer.

    8. These Terms become valid and effective on 13. 11. 2023