Terms of Use

I. Definition of Basic Terms

1. iBoys.cz (the „Service“) is an Internet service used primarily for communication among users, for dating etc. The Service is designed primarily for gays.
2. The Service is provided by GESYS s.r.o., IČ 27637239 (the „Provider“).
3. The user of the Service (the „User“) is every person who uses the Service, either as a registered user or an unregistered visitor.
4. The Terms of Use are set in this document and in all other Directions (i.e. all official notices on the Service). These Directions may amend this document and if ever in conflict, they take precedence over any other terms of this document.
5. The account created by the User is called the “Profile”. The Profile contains information about the User.
6. The “Data” is everything the User has uploaded/published on the Service (the Profile, photographs, advertisements, chat entries, blog entries etc.).
7. All other terms, which are not defined in Article I, are considered to be generally used terms.

II. Access to the Service, Responsibility

1. The Provider ensures a non-stop access to the Service and takes care of technical facilities.
2. The Provider ensures regular backup of the Data.
3. The Provider ensures adequate user and technical support. The support is delivered only by email (see Contacts).
4. Due to the nature of the Service, the User acknowledges the possibility of outage or Data loss. The Provider assumes no responsibility for such technical issues.
5. The Provider provides the Users with the possibility of uploading/publishing their own Data for the purpose of presenting the User. The purpose of the presenting is meeting and communicating with other Users. The Service allows you to publish, send and delete your Data. The User acknowledges that Data from other Users may be published in his Profile (guestbook, friends) – the User may delete this Data from his Profile (but he cannot modify them) – as well as other information, which is published automatically (e.g. last time online, visits).
6. The Provider regularly monitors the Data uploaded/published by the Users (Profiles, photographs, advertisements) and deletes Data which violates the Terms of Use of the Service. The Provider assumes no responsibility for the Data uploaded/published by the Users.
7. The Provider assumes no responsibility for the misuse of personal Data by the third party or for providing false information by the User.
8. The Provider reserves the right to delete or modify any Data or not to activate a Profile or to delete a Profile, especially in the case of violation of the laws of the Czech Republic, harassment or affronts to other Users (privately or publicly), repetitive violation of the Terms of Use.
9. The Provider reserves the right to modify and/or delete the contents of the Service.
10. The provider assumes no responsibility for any damage caused by using the Service or by malfunction of the Service.
     

III. Obligations of the User, Restrictions

1. The User must always publish true information.
2. The User must own copyright or the permission of the author on all Data which is protected by copyright.
3. The User’s email address must always be functioning.
4. The User is not allowed to publish any Data which is in contrary to the law of the Czech Republic “101/2000 Sb., o ochraně osobních údajů” (on the protection of personal data) as amended.
5. The contents of the Service are protected by copyright. The User is not allowed to modify, copy, reproduce, publish, license or sell any part of the Service or any information, products or services obtained from the Service or create derivate works.
6. The User is not allowed to use the Service for purposes contrary to the laws of the Czech Republic.
7. The User acknowledges and agrees with the fact that Profiles may contain adult content. Erotic and pornographic photographs are displayed to individuals over 18 years of age. Individuals under 18 years of age are not allowed to view content which is labelled “This photo contains erotic content. You can display it by clicking here if you are over 18.” or likewise. The User is not allowed to convey such content to Users under 18 years of age.
8. The User is not allowed to use the Service for the presentation of commercial activities, services or products (for the presentation of escort services in particular).
9. The User is not allowed to create more than one Profile (even if the original Profile has been deactivated). In the case of violation of this rule, the Provider reserves the right to delete all Profiles of the User.
10. Once the User decides to delete his Profile, he may do so through the main menu (My Profile). Then the Profile is deactivated (it is not visible to other Users but the User may reactivate it by logging in). The Profile is deleted 30 days after the deactivation (if the User does not reactivate it during this period). The Service will then store only basic Data of the Profile (thumbnail of the first photograph, age, height, weight, district).
11. Chat is one of the services provided by the Service. There, Users are not allowed to give sexual offers, advertise products and services, post links to products and services, offend other Users, repeatedly type the same text or behave in an inappropriate way. Violation of this rule is punishable by suspension of the User from chat.
12. The User is not allowed to to give any contact information (phone number, email address, website, ICQ etc.) publicly on the Service (in his Profile, chat, photographs etc.).
13. The user is not allowed to publish advertising photographs. Photographs which may violate copyright or the laws of the Czech Republic will be deleted.
14. Users under 18 years of age are not allowed to publish Data inappropriate for individuals less than 18 years of age (erotic photographs in particular) in their Profiles.
15. The User is forbidden to send any unsolicited messages, which are contrary to the purpose of the Service. Violation of this rule is punishable by deletion of the User’s Profile without the possibility of creating a new one.
16. The User is forbidden to use offensive language (in discussions, guestbooks etc.).
17. The User must not destroy the reputation of the Service.
18. The User is forbidden to spread any personal information about other Users which may harm them.
19. The User assumes responsibility for any damage caused to the Service of other Users by his actions.
     

IV. Privacy Policy and Consent to Use of Data

1. The User consents to the use of Data for presentations and events organised by the Service and consents to the modification of his photographs by the Service (embedding with the logo of the Service, rotation, resizing).
2. The User acknowledges that published Data are displayed to other Users.
3. The User consents to being sent emails and private messages by the Service. These emails and messages may be notices or advertisements and they are not considered junk mail.

V. Paid Services

All basic services (creation of Profile, messaging, uploading photographs etc.) are free of charge.
The User may also order other services (e.g. Profile highlighting, the possibility to change the User’s status, the possibility to hide some information on the User’s Profile) for an extra charge.
Payment for these services is made from an internal account, which may be topped up in various ways, e.g. wire transfer, payment card etc. For more information, see the corresponding section on the website.

1. The User does not acquire the right to other paid services than to those he has paid for.
2. The Provider reserves the right to change the prices of paid services at any time without notice. These changes, however, will not affect the services the User has already bought.
3. The User is entitled to a full refund on the services he has bought (for the corresponding period) which did not work for more than 10% of the period of validity of the services or which did not work at all. This does not apply when the Internet connection between the User and the Service drops out. The full refund must be, however, demanded within 3 days from the beginning of validity of the service.
   The Provider deals with the refunds and top-ups of credit on your internal account via email platby@iboys.cz only. In the case of a refund, the money (the initial value of the service) is sent back to the User’s internal account
4. The User may ask the Provider for the return of the money left on the User’s internal account. The money is sent back the same way as it has been topped up (e.g. wire transfer, payment card). If this is not possible, the return method is determined after an agreement between the User and the Provider. The return of the money is charged with an extra fee of 100 CZK. The Provider reserves the right not to return money topped up via SMS.
   The User will not be returned money for services he has bought but has not used, both when the User or the Provider deletes the User’s Profile.
5. The Provider pays VAT for the paid services. The Provider issues an invoice upon the request of the User. The invoice is sent via email.
6. In the case of fraudulent financial transactions within top-ups of credit on the internal account, the User’s Profile will be deleted immediately without any compensation.

VI. Final Provisions

1. The Terms of Use of the Service are valid and come into force upon the day of their publication.
2. By using the services of the Service, the User consents to the current Terms of Use of the Service. These may be updated at any time and it is in the User’s own interest to monitor these updates. If the User does not consent to the Terms of use, he is not allowed to use the Service.
3. Legal relations which are not determined by the Terms of Use are governed by the laws of the Czech Republic.