Terms and conditions

GENERAL CONDITIONS OF USE

Article 1: Legal information
Nalem15 – MEDIA SRL
VAT : BE0805-916-382
Mail : info@ekyvok.be

Article 2 : General information
2.1. This document specifies the Terms of Use to which the User is subject when using the
services of the Site. These conditions represent a binding agreement between the User and
EKYVOK, which operates the Site you are accessing. Use of the Site implies the User’s
unconditional and automatic acceptance of the entirety of these Terms of Use and agreement to
abide by them. If the User does not wish to subscribe to all or part of the said conditions, he/she
is requested not to use the Site.

2.2 EKYVOK reserves the right to modify or supplement these terms and conditions at any time,
without notice or compensation. It is the User’s responsibility to take note of any updates to these
terms and conditions each time the User connects to the Site. These terms and conditions
include exclusions of warranties and limitations of liability of which the User declares that he/she
is aware. You accept these conditions each time you access the Site or use EKYVOK’s services.

2.3 EKYVOK reserves the right to suspend or terminate the access of Users who fail to comply
with these terms and conditions.

2.4. For the purposes of these Terms and Conditions, a “User” is any person who accesses the
Site and makes use, even if only passively, of the services offered on the Site.

Article 3: Access to the Site
Any form of identity theft is strictly forbidden and EKYVOK therefore reserves the right to take all
useful and appropriate measures to combat such practices.
The User must then confirm his/her registration by clicking on the registration activation link sent
to the e-mail address used for registration. Participation takes place by logging on to the Site with
the pseudonym and password chosen by the User during registration.
The User can then access the content of the Site.
The profile thus created is strictly personal and may not be transferred to a third party. The User is
solely responsible for actions taken via his/her profile.

3.1 Any change of pseudonym is subject to the agreement of EKYVOK, which will then register
the change of Account.

3.2 EKYVOK reserves the right to temporarily or permanently suspend the registration of any User
who contravenes, attempts to contravene or has attempted to contravene the present Agreement
or any other obligation incumbent upon it by virtue of the law.

3.3. To benefit from the Site’s services, the User acknowledges that he/she is :
– a resident of a member state of the European Economic Area; – the holder of a payment
instrument sufficient to make purchases on the Site.
In addition, the User must:

• Fill in all mandatory fields honestly and truthfully. – comply with all applicable regulations, in
  particular those of his/her country of residence, which the User is presumed to know.
• Accept and comply with the Site Conditions, and consult them regularly for updates.

3.4. In view of its content, the Site is intended exclusively for an adult audience. It follows that the
use of this site, in any way whatsoever, is formally forbidden to any person who is not of legal age
according to the law applicable in the country in which he or she lives.

3.5. If any of the above conditions are not met, the person concerned is prohibited from using the
Site or the services offered on the Site, either by EKYVOK or by professional users.

Article 4: Site Offer and Content
4.1. The Site brings together users acting in a professional capacity (hereinafter referred to as

“User-Professionals”) and users acting for private purposes (hereinafter referred to as “User-
Consumers”), the former publishing various offers of digital or real services of a sexual nature for the latter.

4.2 EKYVOK is in no way responsible for the accuracy or reliability of information posted or
services offered by Users.

4.3. the following are strictly prohibited

• Any content that is inappropriate, illegal, unlawful, harmful, misleading, threatening, insulting,
  excessively obscene, child pornography, racist or simply contrary to public order ;
• Any content directly or indirectly related to, resulting from, referring to or encouraging a criminal
  offence;
• Any content that violates or may violate the intellectual rights or image rights of a User or a third
  party.

4.4. The publication of service offers in the form of advertisements is subject to a fee and is
reserved for users who, at the time of registration, have declared that they wish to use this Site for
professional purposes.

Advertisements must be published in the language of the Site, i.e. French.
If an ad is removed, either at the request of its author, or because the author has violated these
Terms and Conditions or current legislation, EKYVOK is under no obligation to reimburse or
compensate the author for the cost of publication.
Users, both professionals and consumers, may consult the ads published by professional users
free of charge.

Article 5: Terms of sale and payment
5.1. Two categories of paid content are offered on the Site: on the one hand, there are the
advertisements, for the publication of which Professional Users pay EKYVOK a contribution set
at … €, and on the other hand, there is the privileged content made available to Users, both
professional and private, in return for a payment of … € (monthly/annual/credit system/…).

5.2. Payment for the above services is made online by the following means : – …

5.3. All reservations or orders for services on the Site are firm and final. In accordance with current
legislation, the user-consumer is aware that, as all orders are executed immediately, he/she loses
his/her right of withdrawal and expressly agrees to this.

5.4. EKYVOK has taken and continues to take all necessary and useful measures to ensure the
security of its Users. Nevertheless, Users pay online at their own risk and they expressly agree to
this each time they make a payment, however small or occasional.

5.5. In the event of loss or theft of identification or financial data, the User shall contact the
partner concerned, EKYVOK assuming no responsibility in this regard.

Article 6: Intellectual Property Rights
6.1. The Site, including text, structure, layout, graphics, presentation, logos, software and any
other elements contained on the Site, are protected by the intellectual property rights of EKYVOK,
its suppliers or partners. These intellectual property rights include, but are not limited to,
copyright, neighbouring rights, database rights and trademark rights.

6.2. Other product or company names mentioned on the Site may be trademarks of their
respective owners. The User is prohibited from modifying, copying, distributing, communicating,
translating, disseminating, reproducing, publishing, licensing, transferring or selling any
information, software, products or services obtained from these sites without the prior written
consent of the owner or EKYVOK. It is also forbidden to create derivative works from the
aforementioned elements.

Article 7 : limitation of liability
7.1. The User expressly agrees to use the Site at his/her own risk and under his/her sole
responsibility.

7.2. The Site provides Users with information on an indicative basis, as is, with all imperfections,
errors, omissions, inaccuracies and other ambivalences that may exist.

7.3. In no event shall EKYVOK be liable for:
– any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss
of clientele, loss of data, etc., which may result from the use of the Site or, on the contrary, from
the impossibility of using the Site,
– the content of advertisements and other external links or sources accessible by the member.

7.4. EKYVOK may not be held liable for any technical unavailability of the connection, whether
due to force majeure, maintenance, updating, intervention by the host, internal or external strike,
network failure, power cut, or incorrect configuration or use of the Member’s computer.
7.5. The meetings and appointments agreed upon on this site are made between Users without
the intervention of EKYVOK or any other party, and EKYVOK cannot be held liable for any
prejudice, disappointment or generally damaging event whatsoever that may occur.

Article 8: Hyperlinks
8.1. Web spaces outside the domains and sub-domains of www….be and, more particularly, web
spaces to which Users may be referred by means of hyperlinks on the pages of the Site remain
the sole responsibility of the owners of such web spaces.
EKYVOK cannot exercise any permanent control over these web spaces, nor accept any
responsibility for their content. The inclusion of such links does not imply any endorsement by
EKYVOK of the material contained on the Site.
EKYVOK therefore declines all responsibility for the material and data of any nature whatsoever
contained in or disseminated on these web spaces to which reference is made and for the
processing of personal data carried out therein.

Article 9: Account suspension and deletion

9.1. Any person who contravenes or attempts to contravene these terms and conditions may have
his or her account suspended, limited (in particular in terms of the number of Sales that may be
executed by a User over a given period) or deleted without notice. EKYVOK may also, at its sole
discretion, verify the accuracy of the information provided and request proof of identity or
residence. Any infringement of the law, whether related to personal information provided as false,
or to the destabilization of the system (such as piracy, fraud, including but not limited to
misappropriation of accounts, etc.), may result in the User’s account being closed, without the
User being entitled to claim reimbursement for any advertisements paid for. The User will also be
liable to prosecution. Any misuse of a User account, whether to the detriment of a third party or to
the detriment of EKYVOK, will result in the blocking or deletion of the offending account, the
blocking of the IP address(es) attached to this account and the transmission of the offence to the
competent authorities.

9.2 In the event of prohibited use of several accounts by a single User, hacking of one or more
other accounts, or prohibited transactions relating to accounts, the User concerned will have his
or her purchases cancelled and all accounts concerned closed.
9.3. Any User may request to unsubscribe from the Site and delete his or her account at any time.
In this case, paid advertisements will not be reimbursed by EKYVOK.

9.4. The User is hereby informed that his or her pseudonym will continue to appear in historical
files related to past participation actions. Furthermore, in order to avoid any risk of confusion and/or usurpation of identity, the User’s pseudonym may not be used by another person even if the User has unsubscribed from the Site and no longer uses its Services.

Article 10: Limitation of liability
10.1. The information communicated on all sections of the Site, as well as any direct or indirect
facts or events arising therefrom, shall in no event allow EKYVOK to be held liable in any way
whatsoever.

10.2. The User is liable for any direct, indirect, material or immaterial damage or injury caused,
based on or arising from the use of the Site by the User or any person authorized by the User to
use the Site. By use, we mean any use of the Site whatsoever, whether fraudulent or not.
10.3. The User waives any claim or legal action relating to such damages and prejudice, on the
basis of the contractual liability of EKYVOK in its capacity as publisher of this Site or on any other
basis.

10.4. Hypertext links may lead to sites other than the Site. By clicking on these links, the User
leaves the Site and reaches sites over which EKYVOK exercises no control. Consequently,
EKYVOK disclaims all liability in the event that the content of these sites contravenes the legal
and regulatory provisions in force. No hypertext link to the Site may be created without the prior
express authorization of EKYVOK. In the absence of such authorization, any such link shall be
deemed to constitute an infringement of copyright.

10.5. EKYVOK undertakes to use its best efforts to secure access, consultation and use of the
Site in accordance with the rules of Internet usage. Access to the Site is possible twenty-four (24)
hours a day, seven (7) days a week, except in cases of force majeure or events beyond EKYVOK’s
control. and subject to any breakdowns and maintenance operations necessary for the proper functioning
of the Site and its equipment, which may be carried out without prior notice to the User.
Consequently, EKYVOK cannot be held liable in the following cases:

– momentary interruptions to update certain files; – operating difficulties or momentary
interruptions to the Site beyond EKYVOK’s control, particularly in the event of interruptions to
electricity or telecommunications services; – momentary interruptions to the Site required for
upgrades or maintenance;
– failure or malfunction of the Internet network in the transmission of messages or documents.
The User declares that he/she accepts the characteristics and limits of the Internet, and in
particular acknowledges :
– they are aware of the nature of the Internet, in particular its technical performance and response
times for consulting, querying or transferring information;
– that the communication of any access codes, and in particular the user ID and password, or in
general any information deemed confidential, is made under the user’s own responsibility;
– that it is the user’s responsibility to take all necessary measures to ensure that the technical
characteristics of his or her computer allow consultation of the Site’s information;
– that it is the user’s responsibility to take all appropriate measures to protect his/her own data
and/or software from contamination by any viruses circulating via the Site and/or the Information.

Article 11: personal data
11.1. EKYVOK complies with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL of April 27, 2016 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data, and repealing Directive
95/46/EC (hereinafter RGPD).

11.2 EKYVOK processes some of the User’s personal data in its capacity as Data Controller. In
accordance with the RGPD, the User may request access to his/her personal data. He/she may
also request the rectification or deletion of his/her data.

Article 12: Safeguard claus
12.1. If any clause or provision of the present contract should prove to be null and void or
unenforceable by reason of the application of any law or court order, the contract shall not be
deemed null and void. In such a case, the contract will be interpreted as limiting the application of
such clause or provision to those measures which are necessary in order to make the contract
valid and enforceable, or to the extent that the competent court considers that such a limitation
cannot be implemented, this contract will be interpreted and enforced as if such illegal and
unenforceable clause had never been contained in these general terms and conditions.

Article 13: Applicable law and jurisdiction
13.1. All disputes arising out of or in connection with the use of the Site shall be governed
exclusively by Belgian law. For this purpose, the courts of the judicial district of LIEGE, without
prejudice to EKYVOK’s right to summon the User before the courts (including the Justice of the
Peace) of the place where the User’s place of business is located.
However, EKYVOK reserves the right to refuse access to the Site to any User, at any time,
unilaterally and without prior notice, whether in whole or in part, particularly in the event of a clear
breach of the present terms by the User.

13.2. Use of the Site is not authorized in countries where the present provisions, including this
paragraph, do not apply.

13.3. If the User does not agree with the content of these terms and conditions, the sole remedy
is non-use of the Site.