Terms of Use
General Terms and Conditions (GTC) for the Use of Hot.ch, Hot.de and HotNow.com
In the following we would like to present our General Terms and Conditions, which we use as a basis for the provision of all services rendered on hot.ch hot.de and hotnow.com.
Hot.ch, Hot.de and HotNow.com are online erotic platforms for the publication of classified ads, as well as text link advertising, banner advertising and ad upgrades.
The operator is
HOT Group AG
Address:
Chaltenbodenstrasse 6f
8834 Schindellegi
Switzerland
URLs: hot.ch, hot.de, hotnow.com
VAT Number: currently not subject to VAT.
Company Registration Number : CHE-338.809.276
Phone: +41 (0)44 589 69 16 (Mon-Fri. 13:00-18:00)
Mail: [email protected] (24/7)
Platforms are websites developed and operated by the Operator.
Users are the users of the platforms.
Ads are classified ads created by users of the Platforms.
Advertisements are banners, text links or profile upgrades created by Platform Users.
Providers are users who wish to publish advertisements or advertisements for services that they provide on their own account and independently of the operator.
Visitors are users who visit the platform to view ads and other subpages of the platform and to use the contact option to the providers.
Credits are a credit that can be spent on advertising.
These General Terms and Conditions govern the rights and obligations of both the operator and the users of the platforms. For individual or additional functions and services, special, supplementary or additional conditions, agreements and other legal requirements may exist. Such conditions, agreements and requirements take precedence over these GTC in the event of deviations.
Information on data protection can be found in the privacy policy.
1. Functions and services
1.1 On the one hand, the platforms are aimed at users who place ads or advertisements for services that they provide on their own account and independently of the operator. On the other hand, the platforms are aimed at users who visit the platforms to view advertisements and other sub-pages of the platforms and to use the contact option to the providers.
1.2 The operator makes the platforms available to users on a view-only basis. Individual functions and services result from the availability when using the platforms and from any information published in writing by the operator for individual functions and services. The operator has the right to offer functions and services on the platforms for a fee or free of charge. Costs for functions and services as well as other costs are published by the operator on the platforms. The operator is entitled to adjust functions and services as well as their costs at any time. There is no entitlement to use the platforms, as well as individual functions and services.
1.3 The operator has the right to send messages to users via e-mail, SMS, IM (instant messaging) and other communication channels. Such messages may contain advertising for functions and services of the platforms. Users can unsubscribe from messages containing advertising at any time (opt-out).
1.4 Users of the platforms communicate with each other on their own responsibility. Users conclude agreements and any contracts in connection with services on their own responsibility. Any agreements and contracts between users, as well as any pre-contractual exchange, shall be binding solely on the users involved. The fulfillment of the contract is the sole responsibility of the users involved. Information, notifications and other content on the platforms serve exclusively to inform the users concerned.
1.5 The operator is neither a contractual party in the relationship between individual users nor a representative of individual users. The operator does not guarantee that users will comply with any contractual or other legal obligations they may have towards each other. The execution and enforcement of any contracts and agreements are the sole responsibility of the users involved.
1.6 The operator is not obligated to monitor the behavior, advertisements and other content of users on the platforms. The operator is not obligated to check the legality or admissibility of advertisements and other content of users. The operator assumes no warranty or liability for advertisements and other content of users.
2. Use of the platforms
2.1 Certain functions of the platforms require registration. Users of the platforms undertake to provide only complete and truthful information when registering. A maximum of one registration is permitted for natural persons or legal entities. The operator is entitled to refuse registration at any time, even retrospectively, and without giving reasons.
2.2 The use of the platforms is limited to natural persons or legal entities with unlimited capacity to act. Natural persons who use the platforms must be of legal age. Users may use the platforms exclusively for their own use.
2.3 The information provided by users must be complete and true at all times, even after registration. The operator is entitled at the time of registration and subsequently to verify information and details provided by users or to have them verified by third parties, as well as to request additional information from users.
2.4 Users undertake to use the platforms in all respects exclusively lawfully and must be entitled to offer the services offered in accordance with the applicable law. Communication between users on the Platforms is only permitted in connection with the purchase and sale of the services offered on the Platforms and may not contain unsolicited advertising.
2.5 Registered users undertake to treat their access data to the platforms confidentially, to keep it safe and to use it exclusively for themselves. Users are not authorized to make their access to the platforms available to third parties. The operator is not liable for damages caused by misuse, loss or theft of the access data.
2.6 The operator is entitled to block users’ access to the platforms at any time and without giving reasons. If access is blocked due to a violation of these General Terms and Conditions, any fees and other costs remain owed until the end of the respective term and there will be no refund of any fees, credits and other costs already paid.
2.7 Users undertake to meet all obligations towards the operator in due time and in full at all times. Users undertake to pay any fees and other costs on time. The operator is entitled to make the chargeable scope of functions and other services dependent on the payment on account or advance payment.
2.8 Fees and other costs are due immediately, unless the operator grants a payment deadline. Users are automatically in default if payment is not made on time without a payment reminder. In the event of default, the Operator is entitled to charge interest on arrears of 10.0% per year and a fee of CHF 15.00 for each reminder. The operator is entitled to block access to the platforms for defaulting users and to assign claims against users to third parties without consent.
2.9 The operator is entitled to delete unused credits of users after at least one year from the date of purchase, manually or automatically, without informing the users. The operator is not liable for deleted credits, losses due to the deletion of credits and lost profits.
2.10 The operator is entitled to refuse a refund of already paid credits, fees and other costs without giving reasons.
2.11 The use of the platforms may be temporarily, partially or completely impossible for technical or other reasons. The Operator does not guarantee the availability of the Platforms and is not liable for any damages caused by the unavailability of the Platforms.
3. Classifieds
3.1 Users can create advertisements on the platforms. By creating an ad, the relevant users declare their consent to the publication of this content and information on the platforms and via other communication channels of the operator, such as online platforms, social media platforms, search engines, e-mails and IM. Users grant the operator free of charge a non-exclusive, transferable and sublicensable right of use, unlimited in time and place, to the content collected, including content protected by trademark and copyright.
3.2 The Operator is entitled to delete advertisements and other content at any time and without giving reasons. The operator may enrich content with metadata and is entitled to adapt content at any time at its own discretion and without consultation, also automatically.
3.3 Users undertake to only enter advertisements and other content on the platforms that are legally compliant, correct and complete. Information and content must correspond to the actual state. Users undertake not to enter any discriminatory, personality-injurious, pornographic, racist, harmful or unsafe content. Users further undertake not to record any content that contains false, misleading or inadequate information. The collection of content related to narcotics, unsolicited self-promotion, financial services, gambling or investments is prohibited. The collection of content that violates intellectual property rights, personal rights or other rights of third parties is prohibited.
3.4 Users undertake to ensure that the advertisements entered are up to date and correct. Users bear sole responsibility for all content they create. Content that is no longer up-to-date must be deleted or updated immediately by the users concerned.
4. Liability
4.1 The operator is only liable for direct damages caused by her own intentional or grossly negligent actions. Any liability of the operator for direct damages is expressly excluded, subject to mandatory legal provisions. Liability for indirect or consequential damages, for claims of other users or third parties, as well as for loss of profit is fully and expressly excluded.
4.2 The operator is in no way liable for damages incurred by users, members or third parties due to the behavior of other users, members or third parties in connection with the use or misuse of the platforms.
4.3 The operator assumes no responsibility for the topicality, correctness, legality, completeness or quality of the content of websites that are accessible via links on the platforms and excludes any liability in this context.
4.4 Users are expressly and fully liable to the operator and any third parties, regardless of fault, for all direct and indirect costs and for damages arising from violations of these Terms and Conditions or in connection with the platforms. The indemnification also includes claims of other users or third parties. The users concerned shall indemnify the operator against all claims by other users and any third parties and undertake to bear all costs, including lawyers’ fees and court costs, and damages incurred by the operator in this connection.
5. Contests and sweepstakes
5.1. Contest / sweepstakes organizer: HOT Group AG
5.2. Eligibility:
Hot.ch: All persons residing in Switzerland who have reached the age of 18 are eligible to participate. Employees of the contest organizers, as well as sweepstakes clubs, automated services and other professional/commercial participants are excluded from participation.
Hot.de: All persons residing in Germany who have reached the age of 18 are eligible to participate. Employees of the competition organizers, as well as competition clubs, automated services and other professionalized/commercial participants are excluded from participation.
Hotnow.com/at: All persons residing in Austria who have reached the age of 18 are eligible to participate. Employees of the competition organizers, as well as competition clubs, automated services and other professionalized/commercial participants are excluded from participation.
5.3. Procedure of the competition / sweepstakes: By participating via our website, or via our social media channels until the mentioned entry deadline, you participate in the competition. Among all participants on the draw date by random draw or jury decision the winners will be determined. The winners will be notified by private message, e-mail, SMS or phone call.
5.4. Free participation: there is no obligation to purchase anything when participating in the contest.
5.5. Prizes: The prize(s) will vary depending on the contest content. Prizes that cannot be delivered to the winner within six months of notification (including digital prizes) will be forfeited without compensation. Prizes will not be paid out in cash. Prizes in the form of vouchers, discounts, free articles subject to certain conditions and all other prizes that are not physical material prizes will be forfeited without replacement if they are not redeemed within 6 months of notification.
5.6. Publication of winners: by entering the contest, you agree to be published on all channels (website, social media, print, etc.) with your username and profile picture in case you win.
5.7. Other terms and conditions:
The legal process is excluded.
No correspondence will be entered into about the competition - except with the winners.
The distribution of tickets, prize codes, coupons, booklets, etc. against payment is prohibited. The organizer of the competition reserves the right to block tickets, prize codes, coupons, booklets, etc. in question.
Only one contest participation per person is possible and only with correct personal data. The competition organizer is entitled to exclude participants with a pseudonym, a falsified identity and participants with multiple registrations from the competition.
The competition organizer also reserves the right to exclude participants from the competition if abuse and/or violations of these conditions of participation are suspected/detected or if there are other important reasons. He is entitled to make adjustments to the contest mode at any time as well as to suspend, cancel or prematurely end the contest if there are important reasons.
5.8. Facebook / Instagram contests: By entering, you acknowledge that this contest is not affiliated with Facebook / Instagram and in particular is not sponsored, endorsed or organized by Facebook / Instagram in any way. You hereby fully indemnify Facebook / Instagram from any claims related to this contest. All information is provided solely by the Contest Organizer and not by Facebook / Instagram, and you provide your information under this Contest to the Contest Organizer, not to Facebook / Instagram.
6. Final provisions
5.1 Automated access to the platforms, for example with bots, scripts, crawlers or comparable means, is prohibited. The Operator may provide for exceptions such as the use of APIs.
5.2 The Operator is entitled to discontinue the operation of the Platforms at any time, permanently or temporarily, as well as in whole or in part, without notice and without stating reasons. The Operator is entitled to have individual or all rights and obligations arising from these General Terms and Conditions exercised by third parties or to transfer them to third parties.
5.3 It is agreed that the use of the platforms is considered as a binding agreement to these General Terms and Conditions.
5.4 The Operator is entitled to amend these General Terms and Conditions at any time and without giving reasons. Users will be informed in an appropriate form about relevant changes to these General Terms and Conditions.
5.5 Should individual provisions of these General Terms and Conditions be invalid and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions that most closely approximate the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
5.6 These General Terms and Conditions are exclusively subject to Swiss law with exclusive place of performance and jurisdiction at the registered office of the Operator.
In the following we would like to present our General Terms and Conditions, which we use as a basis for the provision of all services rendered on hot.ch hot.de and hotnow.com.
Hot.ch, Hot.de and HotNow.com are online erotic platforms for the publication of classified ads, as well as text link advertising, banner advertising and ad upgrades.
The operator is
HOT Group AG
Address:
Chaltenbodenstrasse 6f
8834 Schindellegi
Switzerland
URLs: hot.ch, hot.de, hotnow.com
VAT Number: currently not subject to VAT.
Company Registration Number : CHE-338.809.276
Phone: +41 (0)44 589 69 16 (Mon-Fri. 13:00-18:00)
Mail: [email protected] (24/7)
Platforms are websites developed and operated by the Operator.
Users are the users of the platforms.
Ads are classified ads created by users of the Platforms.
Advertisements are banners, text links or profile upgrades created by Platform Users.
Providers are users who wish to publish advertisements or advertisements for services that they provide on their own account and independently of the operator.
Visitors are users who visit the platform to view ads and other subpages of the platform and to use the contact option to the providers.
Credits are a credit that can be spent on advertising.
These General Terms and Conditions govern the rights and obligations of both the operator and the users of the platforms. For individual or additional functions and services, special, supplementary or additional conditions, agreements and other legal requirements may exist. Such conditions, agreements and requirements take precedence over these GTC in the event of deviations.
Information on data protection can be found in the privacy policy.
1. Functions and services
1.1 On the one hand, the platforms are aimed at users who place ads or advertisements for services that they provide on their own account and independently of the operator. On the other hand, the platforms are aimed at users who visit the platforms to view advertisements and other sub-pages of the platforms and to use the contact option to the providers.
1.2 The operator makes the platforms available to users on a view-only basis. Individual functions and services result from the availability when using the platforms and from any information published in writing by the operator for individual functions and services. The operator has the right to offer functions and services on the platforms for a fee or free of charge. Costs for functions and services as well as other costs are published by the operator on the platforms. The operator is entitled to adjust functions and services as well as their costs at any time. There is no entitlement to use the platforms, as well as individual functions and services.
1.3 The operator has the right to send messages to users via e-mail, SMS, IM (instant messaging) and other communication channels. Such messages may contain advertising for functions and services of the platforms. Users can unsubscribe from messages containing advertising at any time (opt-out).
1.4 Users of the platforms communicate with each other on their own responsibility. Users conclude agreements and any contracts in connection with services on their own responsibility. Any agreements and contracts between users, as well as any pre-contractual exchange, shall be binding solely on the users involved. The fulfillment of the contract is the sole responsibility of the users involved. Information, notifications and other content on the platforms serve exclusively to inform the users concerned.
1.5 The operator is neither a contractual party in the relationship between individual users nor a representative of individual users. The operator does not guarantee that users will comply with any contractual or other legal obligations they may have towards each other. The execution and enforcement of any contracts and agreements are the sole responsibility of the users involved.
1.6 The operator is not obligated to monitor the behavior, advertisements and other content of users on the platforms. The operator is not obligated to check the legality or admissibility of advertisements and other content of users. The operator assumes no warranty or liability for advertisements and other content of users.
2. Use of the platforms
2.1 Certain functions of the platforms require registration. Users of the platforms undertake to provide only complete and truthful information when registering. A maximum of one registration is permitted for natural persons or legal entities. The operator is entitled to refuse registration at any time, even retrospectively, and without giving reasons.
2.2 The use of the platforms is limited to natural persons or legal entities with unlimited capacity to act. Natural persons who use the platforms must be of legal age. Users may use the platforms exclusively for their own use.
2.3 The information provided by users must be complete and true at all times, even after registration. The operator is entitled at the time of registration and subsequently to verify information and details provided by users or to have them verified by third parties, as well as to request additional information from users.
2.4 Users undertake to use the platforms in all respects exclusively lawfully and must be entitled to offer the services offered in accordance with the applicable law. Communication between users on the Platforms is only permitted in connection with the purchase and sale of the services offered on the Platforms and may not contain unsolicited advertising.
2.5 Registered users undertake to treat their access data to the platforms confidentially, to keep it safe and to use it exclusively for themselves. Users are not authorized to make their access to the platforms available to third parties. The operator is not liable for damages caused by misuse, loss or theft of the access data.
2.6 The operator is entitled to block users’ access to the platforms at any time and without giving reasons. If access is blocked due to a violation of these General Terms and Conditions, any fees and other costs remain owed until the end of the respective term and there will be no refund of any fees, credits and other costs already paid.
2.7 Users undertake to meet all obligations towards the operator in due time and in full at all times. Users undertake to pay any fees and other costs on time. The operator is entitled to make the chargeable scope of functions and other services dependent on the payment on account or advance payment.
2.8 Fees and other costs are due immediately, unless the operator grants a payment deadline. Users are automatically in default if payment is not made on time without a payment reminder. In the event of default, the Operator is entitled to charge interest on arrears of 10.0% per year and a fee of CHF 15.00 for each reminder. The operator is entitled to block access to the platforms for defaulting users and to assign claims against users to third parties without consent.
2.9 The operator is entitled to delete unused credits of users after at least one year from the date of purchase, manually or automatically, without informing the users. The operator is not liable for deleted credits, losses due to the deletion of credits and lost profits.
2.10 The operator is entitled to refuse a refund of already paid credits, fees and other costs without giving reasons.
2.11 The use of the platforms may be temporarily, partially or completely impossible for technical or other reasons. The Operator does not guarantee the availability of the Platforms and is not liable for any damages caused by the unavailability of the Platforms.
3. Classifieds
3.1 Users can create advertisements on the platforms. By creating an ad, the relevant users declare their consent to the publication of this content and information on the platforms and via other communication channels of the operator, such as online platforms, social media platforms, search engines, e-mails and IM. Users grant the operator free of charge a non-exclusive, transferable and sublicensable right of use, unlimited in time and place, to the content collected, including content protected by trademark and copyright.
3.2 The Operator is entitled to delete advertisements and other content at any time and without giving reasons. The operator may enrich content with metadata and is entitled to adapt content at any time at its own discretion and without consultation, also automatically.
3.3 Users undertake to only enter advertisements and other content on the platforms that are legally compliant, correct and complete. Information and content must correspond to the actual state. Users undertake not to enter any discriminatory, personality-injurious, pornographic, racist, harmful or unsafe content. Users further undertake not to record any content that contains false, misleading or inadequate information. The collection of content related to narcotics, unsolicited self-promotion, financial services, gambling or investments is prohibited. The collection of content that violates intellectual property rights, personal rights or other rights of third parties is prohibited.
3.4 Users undertake to ensure that the advertisements entered are up to date and correct. Users bear sole responsibility for all content they create. Content that is no longer up-to-date must be deleted or updated immediately by the users concerned.
4. Liability
4.1 The operator is only liable for direct damages caused by her own intentional or grossly negligent actions. Any liability of the operator for direct damages is expressly excluded, subject to mandatory legal provisions. Liability for indirect or consequential damages, for claims of other users or third parties, as well as for loss of profit is fully and expressly excluded.
4.2 The operator is in no way liable for damages incurred by users, members or third parties due to the behavior of other users, members or third parties in connection with the use or misuse of the platforms.
4.3 The operator assumes no responsibility for the topicality, correctness, legality, completeness or quality of the content of websites that are accessible via links on the platforms and excludes any liability in this context.
4.4 Users are expressly and fully liable to the operator and any third parties, regardless of fault, for all direct and indirect costs and for damages arising from violations of these Terms and Conditions or in connection with the platforms. The indemnification also includes claims of other users or third parties. The users concerned shall indemnify the operator against all claims by other users and any third parties and undertake to bear all costs, including lawyers’ fees and court costs, and damages incurred by the operator in this connection.
5. Contests and sweepstakes
5.1. Contest / sweepstakes organizer: HOT Group AG
5.2. Eligibility:
Hot.ch: All persons residing in Switzerland who have reached the age of 18 are eligible to participate. Employees of the contest organizers, as well as sweepstakes clubs, automated services and other professional/commercial participants are excluded from participation.
Hot.de: All persons residing in Germany who have reached the age of 18 are eligible to participate. Employees of the competition organizers, as well as competition clubs, automated services and other professionalized/commercial participants are excluded from participation.
Hotnow.com/at: All persons residing in Austria who have reached the age of 18 are eligible to participate. Employees of the competition organizers, as well as competition clubs, automated services and other professionalized/commercial participants are excluded from participation.
5.3. Procedure of the competition / sweepstakes: By participating via our website, or via our social media channels until the mentioned entry deadline, you participate in the competition. Among all participants on the draw date by random draw or jury decision the winners will be determined. The winners will be notified by private message, e-mail, SMS or phone call.
5.4. Free participation: there is no obligation to purchase anything when participating in the contest.
5.5. Prizes: The prize(s) will vary depending on the contest content. Prizes that cannot be delivered to the winner within six months of notification (including digital prizes) will be forfeited without compensation. Prizes will not be paid out in cash. Prizes in the form of vouchers, discounts, free articles subject to certain conditions and all other prizes that are not physical material prizes will be forfeited without replacement if they are not redeemed within 6 months of notification.
5.6. Publication of winners: by entering the contest, you agree to be published on all channels (website, social media, print, etc.) with your username and profile picture in case you win.
5.7. Other terms and conditions:
The legal process is excluded.
No correspondence will be entered into about the competition - except with the winners.
The distribution of tickets, prize codes, coupons, booklets, etc. against payment is prohibited. The organizer of the competition reserves the right to block tickets, prize codes, coupons, booklets, etc. in question.
Only one contest participation per person is possible and only with correct personal data. The competition organizer is entitled to exclude participants with a pseudonym, a falsified identity and participants with multiple registrations from the competition.
The competition organizer also reserves the right to exclude participants from the competition if abuse and/or violations of these conditions of participation are suspected/detected or if there are other important reasons. He is entitled to make adjustments to the contest mode at any time as well as to suspend, cancel or prematurely end the contest if there are important reasons.
5.8. Facebook / Instagram contests: By entering, you acknowledge that this contest is not affiliated with Facebook / Instagram and in particular is not sponsored, endorsed or organized by Facebook / Instagram in any way. You hereby fully indemnify Facebook / Instagram from any claims related to this contest. All information is provided solely by the Contest Organizer and not by Facebook / Instagram, and you provide your information under this Contest to the Contest Organizer, not to Facebook / Instagram.
6. Final provisions
5.1 Automated access to the platforms, for example with bots, scripts, crawlers or comparable means, is prohibited. The Operator may provide for exceptions such as the use of APIs.
5.2 The Operator is entitled to discontinue the operation of the Platforms at any time, permanently or temporarily, as well as in whole or in part, without notice and without stating reasons. The Operator is entitled to have individual or all rights and obligations arising from these General Terms and Conditions exercised by third parties or to transfer them to third parties.
5.3 It is agreed that the use of the platforms is considered as a binding agreement to these General Terms and Conditions.
5.4 The Operator is entitled to amend these General Terms and Conditions at any time and without giving reasons. Users will be informed in an appropriate form about relevant changes to these General Terms and Conditions.
5.5 Should individual provisions of these General Terms and Conditions be invalid and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions that most closely approximate the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
5.6 These General Terms and Conditions are exclusively subject to Swiss law with exclusive place of performance and jurisdiction at the registered office of the Operator.