General Terms and Conditions
GF Girlies Fashion AG ("Terms and Conditions")
GF Girlies Fashion AG ("Provider") operates the web portal www.shortaffair.com ("Portal"), where registered users ("Advertiser") may create and maintain profiles for a monthly fee. The profiles contain various information about the advertiser, particularly about the services she offers, her current location and the advertiser's temporal availability. Via the portal, the provider makes the profile publicly available to third parties ("Users"). Users of the portal can view the profiles and contact the advertiser directly by phone. Use of the portal is free for users and requires no registration. Users pay the advertiser directly for any services she may provide. The provider solely provides an advertising platform and is in no way involved in the agreements or service provision between advertisers and users, nor does the provider participate in payments made by users.
Scope/Modification of these terms and conditions
These general terms and conditions shall apply to the relations between provider and advertiser and between provider and user in regard to the services available on the portal. Deviations from these terms and conditions are only valid if confirmed in writing by the provider. Verbal assurances are not part of the service agreement.
The provider reserves the right to modify the Terms and Conditions at any time with immediate effect, also within existing contractual relationships, by publishing the new Terms and Conditions on the portal. The terms and conditions are always available on www.shortaffair.com in their current version (and for all parties) and are binding by the parties’ express or tacit acceptance.
Registration and use
Use of the portal (registration, visit, etc.) is only permitted if legitimate under the applicable local laws and advertiser or user are deemed of legal age and legally competent and able to act without limitation in the land where the portal is used. Registration and use of the portal is generally prohibited for persons under the age of 18. Advertisers and users bear the sole and exclusive responsibility to ensure that the use of the portal at the respective location complies with all applicable statutory provisions. The provider excludes any responsibility, warranty or liability for improper use of the portal.
Users can visit and use the portal without registration and free of charge.
Paid registration is required for advertisers to make use of the services available on the portal. There is no entitlement to participation. The appropriate listing fees are determined by the provider and may be amended at any time without giving reasons. The provider is entitled to refuse registration without giving reasons. The contract between advertiser and provider is concluded informally through the use of the services.
Multiple payment options are available for advertisers to pay their listing fees (e.g. payment by phone (IVR), cash, bank transfer to postal/bank account). Contact details and other information that may be requested from advertisers during the registration process must be accurate and complete. After successful registration and payment of the appropriate fee, the provider will publish the requested advertisement no later than within five (5) business days after receipt of the listing fee. Listing fees are referred to in credit card and/or bank statements by "GF Girlies Fashion AG". Upon successful registration, advertisers are entitled to use the portal in accordance with these terms and conditions. Complaints regarding incorrect publication or non-publication of advertisements must be submitted to the operator within ten (10) days after payment. Advertisers are not entitled to refunds in case the paid service cannot be provided due to technical problems.
During the registration process, advertisers are asked to provide their current mobile phone number and a password. After their access has been unlocked, advertisers can use this data to log in to the portal and modify their advertisements. It is the advertiser's responsibility to ensure that her username does not infringe any third-party rights, in particular name or trademark rights, and does not violate common decency. Login data including the password must be treated confidential and must not be disclosed to unauthorized third parties. It is the advertiser's responsibility to ensure that only the authorized person accesses the portal and uses of the services available thereon.
Advertisers are liable in accordance with legal regulations for any use and/or other activity that is carried out with their access data.
The provider grants users of the portal access to the profiles created by advertisers and the information contained therein (data and images). Users of the portal can view the profiles, the services offered by the advertisers, their contact information, and their respective location. Since users select profiles, among other criteria, also based on their and/or the advertiser's location, both advertisers and users hereby explicitly agree that the portal can determine their personal location data by accessing the appropriate resources in their devices or software and may transmit this information to the portal.
Booking of services
Users can directly contact advertisers via the contact information in the advertiser's profile. The parties agree on the remuneration for services provided by the advertiser independently of the provider. The provider is in no way involved in the agreements between advertisers and users, nor does the provider participate in the payments made by users. The provider fully excludes any responsibility, warranty or liability for any claims between advertisers and users.
Protection of content, responsibility for third-party content
The content available on the portal is mostly protected by copyright or other proprietary rights and is the property of the provider, the advertiser, or other third parties which may have provided the content. Users may use such content only in accordance with these terms and conditions and within the scope specified on the portal.
The content available on the portal is partially provided by advertisers or other third parties ("third-party content"). The provider does not verify the completeness, correctness and legality of third-party content and therefore assumes no responsibility or warranty for the completeness, correctness, legality and timeliness of such content. This also applies to the quality of third-party content and its suitability for a particular purpose, and also to third-party content on linked external websites.
Advertisers and users may use the content available on the portal solely for legal purposes and only in countries where this is permitted. Advertisers agree to publish no unlawful images, in particular only such erotic images which are legal at the respective location and do no show or advertise in any way minors or otherwise prohibited content. Advertisers further undertake to safeguard all personal rights of the persons depicted in the published images. An infringement on these conditions results in the immediate deletion without compensation of the respective advertisement. The provider excludes any responsibility, warranty or liability for illegal content, activity, or use by advertisers or users.
Revocation of access
The provider may temporarily or permanently revoke an advertiser's or user's access to the portal if there is concrete evidence that said advertiser or user has acted in breach of these Terms and Conditions or the applicable law, or if the provider has any other rightful interest to revoke access. Permanently revoked access authorizations cannot be restored. Permanently blocked persons are permanently excluded from using the portal and may not register again on the portal.
Advertisers' and/or users' personal information, in particular personal location data, is used solely for the operation of the portal and will not be disclosed to third parties. All personal or business data (e.g. email address, name, address, credit card information, phone number, etc.) that may be submitted during the registration process is submitted by advertisers on an explicitly voluntarily basis. As far as technically possible and reasonable, use and payment of all offered services shall also be possible without submitting such data or using anonymized data or an alias. Privacy provisions under Swiss law apply. For more information, please visit www.shortaffair/privacy_policy
Warranty and liability
The operator shall be liable to the advertiser for careful performance of their services, i.e. the publication of the advertiser's advertisement. The operator does not guarantee the absence of malfunctions and/or interruptions, nor the uninterrupted availability of services at any time, nor specific transmission times or transmission capacities. The operator shall only be liable for proven damages suffered by the advertiser as a result of intentional or grossly negligent breach of contract on the operator's part. Any further liability of the operator for direct or indirect damages of any kind is excluded as far as legally permissible.
The advertiser is solely and entirely responsible for the content of advertisements. She agrees to comply with all relevant legal requirements and industry regulations. She shall fully indemnify the operator and its bodies and auxiliaries from all third-party claims. She is in any case obliged to assume all judicial or extra-judicial costs incurred in connection with third-party claims or in other proceedings.
Place of jurisdiction and applicable law
Should any provision of these terms and conditions be or become ineffective, the validity of the remaining provisions remains unaffected. In place of the ineffective provision, an effective provision that comes closest to the desired economic result is deemed as having been agreed on. These terms and conditions shall be governed by Swiss law to the exclusion of the United Nations Convention of Contracts for the International Sale of Goods (CISG). Insofar as such an agreement about the place of jurisdiction is allowed, the exclusive place of jurisdiction for all disputes arising from these terms and conditions shall be Lucerne, Switzerland.