Avisos legais

GENERAL TERMS AND CONDITIONS OF SALE 

CONTENT OF THE GENERAL TERMS AND CONDITIONS

  1. Definitions
  2. Introduction
  3. Description of the Service
  4. Registration to the Website
  5. Account management
  6. Suspension of the User’s account
  7. Subscription
  8. Services provided by the Swamer
  9. Conditions of the usage of the Website, ethics
  10. Complaints handling
  11. Termination of the agreement
  12. Liability
  13. Specific terms and conditions for Swamers
  14. Intellectual and industrial property
  15. Processing personal data
  16. Amendment of the GTC
  17. Partial annulment
  18. Entire agreement
  19. Applicable law and assigning jurisdiction

 

  1. DEFINITIONS

The capitalized terms used in these general terms and conditions have the meanings defined below:

Company means Swamhucz Információs Technológiai Szolgáltató Korlátolt Felelősségű Társaság (registered office and postal address: HU-1085 Budapest, Salétrom utca 4.; company registration number: 01-09-410772; statistical number: 32182811-6201-113-01; tax number: 32182811-2-42), the operator of Swame.

Content means any material uploaded to the Website and posted by the User, including photos, messages, videos, livestream material, data, text, (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.

Fan means a User who has subscribed to a profile of a Swamer.

Fee means the subscription fee and other ad hoc fees paid by a Fan.

Flow means the Website’s news feed which will display the latest publications from Swamers that the Fan subscribed to, as well as publications from other Swamers suggested to the Fan.

GTC means these general terms and conditions, including any future amendments and/or additions thereof.

Hungarian Civil Code means the Act V of 2013 on the Civil Code.

Lounge means the virtual space where any User can participate in a live chat or live cam.

Minor means a minor who has not reached the age of 18.

Parties means the Company and the User. 

Points means the valuation and payment method for paid Content. Points can be acquired through the STRACEO platform.

Website means the website of Swame available at and can be accessed via URL www.swame.com.

Service means service as set forth in Section 3 of these GTC.

Subscription means the possibility of following a Swamer according to Section 7. of the GTC.

Swamer means a User who request this title according to the Section 13. of these GTC.

User means any user of the Website over 18 years, whether a Swamer, a Visitor or a Fan.

Visitor means any registered user over 18 years without subscribing to a profile of a Swamer.

  1. INTRODUCTION

This document establishes the terms and conditions that govern the use of this Website and the use of the available services.

We urge you to read these GTC carefully before using the Website. When using the Website, uploading any Content, you are bound to these GTC.

These GTC shall apply to the Company and all Users of the Website.

The access of the Website is reserved for individuals over 18 years of age, only.

  1. DESCRIPTION OF THE SERVICE

The Website is a social network for Users to post and view Content, buy Points, organize or participate in events or a live, private show, participate in cam chats. The Service also enables Swamers to monetize some of their own Content or events, therefore some Content may be available for Fans for a remuneration. In this case the Website shall be considered as an online marketplace where Swamers as business parties and Fans as consumers could conclude contracts.

The Company enables the exchange of Content and organization of events under the sole liability of the Users. It is specified that the Website is merely a platform hosting and transmitting the Content. The Company is not obligated to moderate or review any of the User’s Content to verify compliance with these GTC and/or any applicable law. The Company does not provide any instructions to the Users with regard to Content or events and is not responsible for editorial content. The Company does not provide any instructions to the Users with regard to Content or events and is not responsible for editorial content.

By registering to the Website Fans and Visitors as consumers enter into an electronically concluded, non-written contract with the Company as a business party governed by the Hungarian Civil Code and the Act CVIII of 2001 on certain issues of electronic commerce services and information society services. The Company registers such contracts.

The Website can be accessed via a compatible browser (e.g. Chrome, Firefox, Edge, Safari) connected to the Internet. The Website is compatible with iOS, Android and, for some features, Huawei mobile devices (mobile phones, tablets).

  1. REGISTRATION TO THE WEBSITE

To use the Website the User shall first register and create a User account on the Website. The User can create a User account by filling out a registration form, providing an alias, a valid e-mail address, a password, and confirming the password. The password shall be unique and shall comply with the technical requirements of the Website for the composition of the password. The User can then complete the User’s profile by adding a photo or avatar.

The User shall keep its login details confidential and secure, including the User’s details, passwords and any other piece of information that forms part of the Company’s security procedures, and the User will not disclose these to anyone else.

To register as a User, the User warrants that:

  1. the User is at least 18 years old and has the capability to act under the applicable laws;
  2. if the laws of the country where the User lives provide that the User can only be legally bound by a contract with the Company at an age which is higher than 18 years old, then the User must be old enough to be legally bound by a contract with the Company under the laws of the country where the User lives;
  3. the User will provide any information or verification records as the Company requires;
  4. the User is entitled to join the Website and to view any Content available on it and to use any functionality provided by it;
  5. the User is able and willing to make payment (where required) to view Content available on the Website that the User wishes to view and to use any functionality provided by the Website that the User wishes to use.

By registering the User acknowledges that the User is aware that some of the Content on the Website contains adult material, and the User acknowledges to take this into account when deciding where to access and view Content. The Company shall not be held liable to the User if the User suffers any loss or damage as a result of accessing or viewing Content containing adult material in a way which places the User in breach of any contract the User has with a third party (for example, an employment contract) or in breach of any applicable law.

By registering the User shall accept these GTC to create a User account.

After registering on the Website, the Company sends an e-mail to the address provided by the User with a link to click on and confirm the registration.

The User shall ensure that the User’s computer/device, and especially the Website and Services cannot be accessed by minors in the User’s household or nearby.

The Parties are aware of the fact that the information published on the Website may seriously impair the mental, spiritual, moral or physical development of minors, in particular by including a direct, naturalistic depiction of sexuality as a dominant element. Such Content may only be published on the sub-page containing the information with a warning of the potential danger to minors published prior to the information is displayed and with identifiers in the source code of the sub-page which refer to the category of content and which are recognisable by filtering software in accordance with the applicable legislation.

The User is liable for all activity on the User’s account even if, contrary to these GTC, someone else uses the User’s account.

The User shall update promptly any of the User’s information the User has submitted to the Company as and when it changes.

  1. ACCOUNT MANAGEMENT
    1. Unique, nominative, personal and non-transferable account

The User acknowledges that the accounts created are unique, nominative, personal and they cannot be transferred.

The accounts are unique, which means firstly that each natural person is entitled to create one account only, and that the Company is entitled to close an account, without prior notification, if the Company becomes aware that it is the account of a User who already has another account.

The accounts are nominative, which means that the natural person who created the account shall be the same person who appears in the Content, and shall be the recipient of the amounts paid under these GTC, where applicable. The User acknowledges that all of the information provided when creating or updating the account is complete, accurate, and belongs to the person who created the account, appears in the Content, and receives the amounts paid under these GTC.

The accounts are personal, which means that the User shall not allow a third party to connect to the User’s personal account, directly or indirectly, through the User’s actions or by negligence.

    1. Updating a User profile

The User can update the User’s account by clicking on the “My account” button, whenever the User wishes to do so. The information regarding such update will be shared on the User’s profile.

The Company is entitled to request authorization, on a case by case basis, before making available the Content of a Swamer and/or Fan: the Swamer and/or Fan may decide to refuse to share their Content on the Website at any time. In this case, only Users who access their account through a direct link can access Content shared by the Swamer.

  1. SUSPENSION OF THE USER’S ACCESS

The Company is entitled but not obliged to moderate, monitor or review any Content posted on the Website to verify compliance with these GTC and/or the applicable laws.

The Company is entitled to suspend access to any Content the User posts on the Website that may not comply with the GTC and/or any applicable law whilst the Company investigates the suspected non-compliance or unlawfulness of such Content. If the Company suspends access to any of the User’s Content, the User is entitled to request a review of the Company’s decision by contacting the Company at [email protected].

Following the investigation of the suspected non-compliance or unlawfulness of the Content concerned, the Company is entitled to take any appropriate action, in particular, to reinstate access to the Content or to permanently remove or to disable access to the relevant Content without any prior consent from the User and without giving prior notification. The User shall at its own cost promptly provide all reasonable assistance to the Company (including by providing the Company with copies of any information which the Company requests) during the investigation.

The Company shall not be held liable for any loss suffered by the User arising from the suspension of access to the User’s Content or any other steps which the Company takes in good faith to investigate any suspected non-compliance or unlawfulness.

If the Company suspends access to or deletes any of the User’s Content or terminates the agreement concluded between the Company and the User, the Company notifies the User via e-mail or electronic message to the User’s account, however, the Company is not obligated to give the User prior notification of such removal or suspension.

During any period when the access to a Swamer account is suspended, any payments which would otherwise have fallen due during the period of suspension will be suspended, and the Company may withhold all or any part of the subscription fee and/or any other ad hoc fee due to the Swamer but not yet paid out.

  1. SUBSCRIPTION
    1. Method of Subscription

The Website offers the User the opportunity to follow a Swamer for free (public Content only) or to subscribe to the profile of a Swamer. 

The Swamer subscription: provides unlimited access to the Swamer's private content without blurring, as well as premium content if the Swamer wishes. Otherwise, content that the Swamer decides not to include in their private flow will need to be purchased per unit.

The Swamer agrees that Content communicated to the Swamer’s Fans will not be distributed publicly for free by the Swamer, by any means whatsoever, or on any media. The Swamer agrees to make private Content available to the Fans through the Website.

    1. Subscription fee and payment by the Fan

The Swamer is entitled to decide on the subscription fee for its profile. The Swamer shall inform the User of the fee of the subscription before the subscription. The fee for a subscription or private or premium Content shall be displayed on the Website at the time the User selects it. The fee shall be indicated in euros, including taxes.

The User can use the following payment methods:

  • buy points using the STRACEO platform which offers to create an electronic wallet. Users can acquire Points directly by clicking on the “Buy points” icon, or each time they request paid Content. 
  • classic payment through bank card.

The fee for the subscription might be a monthly subscription fee and/or a unit price (Premium content).

The User shall pay the subscription fee monthly in advance. Any other fee shall be paid in advance before the actual service is provided.

    1. Settlement between the Company and the Swamer

The Swamer receives the fee paid by the User in the following manner:

  • The Company deducts from the amount due to the Swamer, a flat rate for the expenses incurred by the Company to run the Website, including fees withheld by online payment providers, in the amount of 20% of the fee paid by the Users for the Content or as subscription fee, excluding taxes.
  • The calculation basis used as the basis for the calculation to divide the amounts between the Company and the Swamer equals the amount paid by the User for the Content or as subscription fee, excluding taxes.

The Company agrees to pay the Swamer an amount corresponding to the above-mentioned calculation basis so that the Swamer receives 80% of the amount paid by the User for the Content or as subscription fee, excluding taxes.

The total amount owed by the Company to the Swamer is displayed on the following page: https://swame.com/premium/dashboard/. This page indicates confirmed earnings, meaning those earnings that can be immediately paid to the Swamer by the Company, from:

  • subscriptions to the Swamer profile;
  • private shows;
  • the Swamer providing premium Content that was bought and paid for by the User, after validation by the Website;
  • tips received during the live streams.

The https://swame.com/premium/dashboard/ page also shows pending earnings, meaning those for which payment has not yet been requested.

The Swamer may only make one payment request at a time, at least seven days apart, and for a minimum amount of €100, including taxes. The Swamer will receive a bank transfer (if its banking information is shown in its account) within 7 days after the Company receives the request for bank accounts located in the SEPA area. It may take longer in other countries and other legal alternative payment methods may be offered.

An invoice will be issued showing the fees that arise in connection with the operation of the Website and commission for each payment request made by the Swamer.

The Swamer shall be liable for completing all fiscal, administrative, and regulatory processes required for the Swamer to conduct business on the Website. 

The Company recommends that Swamers contact the competent tax authorities in their country of residence to determine the obligations that apply to their business. The Swamer hereby acknowledges that the Company shall not be held liable if the Swamer does not comply with the respective fiscal, administrative and regulatory requirements stipulated by the applicable law. The Swamer as well relieves the Company against all damages on these grounds

Swame reserves the right to select profiles that will benefit from the BOOST program and to end their participation at any time if they do not respect the terms and conditions or if their profile no longer meets the selection criteria or if the creator has expressed the wish to no longer be included in this program. It is also important to note that the subscribers brought by the BOOST program remain the property of Swame and it is forbidden to contact or solicit directly these subscribers. Finally, Swame is committed to respecting the privacy of its content creators and not to disclose their personal information to third parties without their consent.

    1. Fraud

In the event of a financial transaction reported as potentially fraudulent by payment organizations or banking institutions, or suspicious activity in any User's account, the Company reserves the right to temporarily or permanently deactivate the status of the Swamer, therefore, the Swamer is no longer entitled to benefit from the Services. In such case the Swamer shall be notified and the Company will ensure that the Swamer be able provide its comments.

  1. SERVICES PROVIDED BY THE SWAMER
  1. Services provided by the Swamer

Only Swamers can monetize their Content and all Content from Swamers can be monetized. The Swamer has the following possibilities:

  • posting Content on the Flow publicly (free); 
  • posting Content on the Flow privately; 
  • posting Content in premium mode; 
  • offering live or private shows.
  1. Private Shows ("one-to-one")

Swamers may offer private shows if they wish. 

All private shows can be accessed from the “private show” tab. The User can select the Swamer of their choice and reserve a show. When a User clicks on “reserve a show,” the User receives a schedule with the Swamer's availabilities, then the User can choose a date and time, according to the time slots offered.

The User can choose the length of the show and click on “Schedule meeting.” The rates for shows, displayed in Points, varies depending on the Swamer selected as well as the show's duration. No reserved shows can be cancelled less than one hour before the start of the show.

The User shall pay the fee for the private show in advance.

Any show billed, but not performed because of the User will be charged. Any show not performed because of the Swamer can be (i) rescheduled or (ii) fully refunded. 

The User can provide their phone number to be notified 15 minutes before the show starts.

  1. The live stream

A Swamer may choose to broadcast its live webcam and monetize this live broadcast as Content.

The Swamer will be able to announce its live beforehand in its Flow and to specify the number of corresponding Points if it is a paying live.

The Swamer can choose several options of remuneration: 

  • free: all Users can watch the live stream for free;
  • fans Only: only subscribing Users can watch the live stream;
  • pay per minute: the live stream is paid (customizable amount) per minute;
  • pay-per-minute, but free for Fans : the live is pay-per-minute (customizable amount) only for non-subscribers, but free for subscribers;
  • pay per minute, reserved for Fans: the live is paid (customizable amount) per minute, but reserved only for subscribed Fans.

The Swamer may also encourage Users to send tips and accept certain challenges in exchange for tips.

The Users can access the live by going to the Swamer's profile and by paying the necessary number of Points if the live is paying.

During the live, Users can: 

  • Send tips to the Swamer who organized the live; 
  • discuss with the Swamer via chat; 
  • propose a challenge.

Tips are deducted from the User's available Points after the live stream ends.

The Swamer is free to refuse any challenge.

Users and Swamers shall refrain from proposing/suggesting/imposing challenges or practices involving any kind of penetration and self-penetration in any way whatsoever.

It is clearly understood that the Website does not provide a technical solution to its Users for marketing their Content and personal services.

  1. CONDITIONS OF THE USAGE OF THE WEBSITE, ETHICS

The Website pays particular attention to establishing a trusting environment between Swamers and Users. Consequently, the Users are bound by particularly strict commitments concerning respecting the Swamers, their privacy, and their rights, and vice-versa. 

The Website encourages reporting of any abusive behavior against Swamers by Users or other Swamers. This kind of behavior will lead to immediate suspension of the offending account, without prejudice to any damages that may be claimed by the Swamer or the Website, where applicable. The Website agrees to work with the Swamer and/or User as part of any legal action resulting from this type of behavior. 

The Swamer and/or User agrees to report any violations of the provisions of this section to the Company.

The User agrees to use the Services in compliance with the laws and regulations applicable. 

Posting of the following Content or broadcasting images is prohibited: 

  • any Content which violates the applicable laws (child pornography, rape, bestiality); 
  • promotes or facilitates human trafficking, sex trafficking or physical abuse;
  • promotes terrorism, racism, anti-Semitism or drug use; 
  • depicts people who have not signed an authorization for the use of their image, or non-consenting individuals; 
  • constitutes infringement; 
  • constitutes defamation, an insult, or more broadly, any hateful Content; 
  • constitutes acts of harassment; 
  • involves assuming the identity of a third party. 

Swamers and/or Users agree not to:

  • share Content that shows a natural person who is a Minor, as defined by applicable legislation; 
  • offer money in exchange for sexual relations; 
  • offer paid relations or any other service involving prostitution or procuring. 

Any violation of the provisions of this section may result in suspension, or deletion of the Swamer and/or User account, depending on the severity of the violations, and the Company’s discretion. 

In the event of severe or repeated violations the Company may terminate the contractual relationship joining the Swamer and/or the User, at their sole fault. 

Any violation of the legal provisions or mandatory regulations, specifically related to the protecting of minors or identity theft, may be reported to the competent authorities.

  1. COMPLAINTS HANDLING

In the event of an issue with Content the User concerned shall first contact the User who posted the Content or organized the event to resolve the issue. 

Notification of illicit Content should be sent to the following address: [email protected].

The User shall specify:

  • the User’s first and last names, home address and date and place of birth;
  • the description of the facts in the dispute and their specific location (URL); 
  • the reasons for which the content shall be withdrawn, including reference to the legal provisions and supporting evidence; 
  • the copy of the correspondence sent to the author or publisher of the disputed information or activity requesting its suspension, removal, or modification, or evidence that the author or publisher could not be contacted. 

The Company will investigate the oral complaint immediately and remedy it as necessary. If the User does not agree with the handling of the complaint, or if it is not possible to investigate the complaint immediately, or if the User has made the complaint in writing, the Company will respond to the complaint within 30 days.

In case the User shall be considered as a consumer and its complaint is rejected in whole or in part, or if the time limit set above for the investigation of the complaint has expired without result, the User may contact the following authorities and bodies:

  • Government Office of the Capital City of Budapest

Consumer Protection Department

Address: 1051 Budapest, Sas u.19. III. em.

Telephone number: 36 1 450-2598

E-mail: [email protected]

  • Budapest Conciliation Body

Address: 1016 Budapest, Krisztina krt. 99. I. emelet 111.

Postal address: 1253 Budapest, Pf.: 10.

Telephone number: +36 (1) 488 21 31

E-mail address: [email protected]

Website: https://bekeltet.bkik.hu

  • Nemzeti Adatvédelmi és Információszabadság Hatóság

Address: 1055 Budapest, Falk Miksa utca 9-11

Postal address 1363 Budapest, Pf.: 9.

Telephone number: +36  (1) 391-1400

E-mail address: [email protected]

Failing to reach an amicable agreement, any dispute arising from the conclusion, execution, interpretation or cessation of this document will be submitted to the competent jurisdiction pursuant to the provisions of the Hungarian Code of Civil Procedure

  1. TERMINATION OF THE AGREEMENT
  1. Termination by the Company

The Company reserves the right in its sole discretion to terminate the agreement with a User and to terminate its access to the Website for any reason by giving a 30 days’ notice by e-mail or electronic message to the User’s account.

The Company is entitled to terminate the agreement with a User and to terminate its access to the Website immediately and without prior notice:

  • if the Company thinks that the User has or may have seriously or repeatedly breached any part of the GTC, or if the User attempts or threatens to breach any part of the GTC in a way which has or could have serious consequences for the Company or another User; or
  • if the User takes any action that has caused or is reasonably likely to cause a loss to the Company or that otherwise harms the reputation of the Company or the Website.

The Company is entitled to modify, suspend, withdraw or restrict the Website, therefore the Company is not obliged to guarantee that the Website or any Content posted on it will always be available or accessible without interruption.

  1. Termination by the User

The User is entitled to delete its account by deleting it from its personal space.

In case of a Visitor or a Fan, the deletion of their account will take place within a reasonable time following the request concerned. In case a Swamer would like to delete its account, the account will remain open until the last day of Fans' paid subscription period, following which the Swamer will receive a final payment and the account will be deleted. If the User is both a Fan and a Swamer then its account will be deleted in two stages (Fan first and then Swamer).

Once the User’s account has been deleted the User won't be charged any further amounts or have access to its former account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. The User will receive an e-mail confirmation upon the successful deletion of its account.

If the User terminates its account the User shall pay the fee of the services already used.

The User expressly agrees that having regard to the characteristics of the service provided by the Company and the Swamer, the User will lose his right of withdrawal after the registration to the Website.

  1.  LIABILITY

The Website enables the exchange of Content and organization of events under the sole liability of the Users. The Company does not authorize or approve any Content on the Website. Views expressed by Users on the Website do not necessarily represent the Company’s views. All Content is created, selected, and provided by Users and not by the Company. The Company shall not be held liable for reviewing or moderating Content. The Company does not select or modify the Content that is stored or transmitted via the Website. The Company is not obligated to monitor Content or to detect breaches of the GTC.

The Company shall not be held liable if the Users decide to meet in person.

The Company strictly forbids any paid or non-consensual activities and cannot be held responsible for breach of this prohibition.

The Company shall not be held liable for defects in the communication methods used by the User or due to inaccurate or incomplete information provided by the User.

The Company does not guarantee that the information provided by the Users shown is detailed, complete, verified or accurate.

The Company cannot be held liable for material or bodily damages of any type which may be a result of wrongful use of Services or any external cause. 

The User shall not seek to hold the Company liable for lost profits or loss of opportunity. The User hereby acknowledges that the Company has not made any promise, representation or warranty whatsoever, express or implied that the Swamers will make a particular sum of money (or any money) from their use of the Website.

The Company will not be liable for any non-compliance or delay in compliance with any of the obligations the Company assume under the contract concluded between the Company and the User by events that are beyond its reasonable control (“Force Majeure”). Force Majeure specifically includes: natural catastrophes, fires, strikes, breakdowns, epidemics, shortages, war, power failures, telecommunications failures, loss of internet connectivity due to public or private operators. 

The Company does not grant the Fan any rights in connection with the Content. The Swamer is entitled to grant the Fan any such rights, only.

The Company shall not in any way be held liable if the Users identifies the Users/Swamers from the User’s/Swamer’s Content.

The User is not obligated to follow any suggestions, comments, reviews, or instructions received from another User. The Company shall not in any way be held liable if the User follow any suggestions, comments, reviews, or instructions received from another User.

The Company accepts no liability if the Website is not compatible with all devices and operating systems. The User configures the information technology, device, and computer programs to access to the Website. The User is entitled to use its own virus protection software.

The Company shall not be held liable for the availability of the internet, or any errors in the User’s connections, device or other equipment, or software that may occur in relation to the use of the Website.

The Company shall not be held liable for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.

The User acknowledges that once the User’s Content is posted on the Website, the Company shall not be held liable for the use of such Content by other Users. The User is entitled to delete its account at any time, however, the User acknowledges that deleting its account will not of itself prevent the circulation of any of the User’s Content which may have been recorded by other Users in breach of the GTC or by third parties prior to the deletion of the User’s account.

  1. SPECIAL TERMS AND CONDITIONS FOR SWAMERS
  1. Creating a Swamer account

A User who already has a Fan, and wants to become a Swamer should go to the “My account” section, and then “premium zone.” The User will then be asked to provide the Company with: 

  • a scan or photograph of its ID; 
  • a photograph of the User holding its ID and a card with “Swame,” its alias, and the current date written on it. 

The User must then accept the GTC and click on the “register” button. 

Once the User’s request is approved by the Company, the User concerned will enjoy the status of a Swamer and be able to monetize its Content. 

The Company will make every effort to reply as soon as possible to the User concerning its request to be added to the Swamer service. 

The Company reserves the right to refuse if it receives photomontages or other Content that it deems not in compliance with the GTC. 

Once the Company approves the User’s request, the Swamer can decide whether their Content will be visible to all Users or just their Fans. 

In the latter case, all of their publications in “private” status will be blurred and the Content will only be visible to their Fans. 

The most popular Swamers can have their account certified by the Website, which is indicated by the presence of a logo next to the Swamer's alias. To do this, they agree to participate on a regular basis and share their profile on other social networks frequently to build their communities. 

A Swamer can sponsor another User who would like to become a Swamer, and receive 10 % of the revenue from the User they are sponsoring. The Company reserves the right not to apply this percentage in case of discovery of fraud or the existence of a double account.

The Company is entitled to require additional age or identity verification information at any time.

The Company is entitled to reject the User’s application to set up a Swamer account for any reason.

Once the Swamer has set up the User’s account as a Swamer account, then if the Swamer intends to charge the Swamer’s Fans a monthly subscription fee, the Swamer will need to set the Swamer’s subscription fee for the Swamer’s Fans. The Swamer will then be able to start adding Content and Users will be able to subscribe to the Swamer’s account to become the Swamer’s Fans.

If the Swamer loses access to the Swamer’s account, the Swamer can reset the Swamer’s password, however, the Swamer will need to know the e-mail address used to set up the account to do so. If the Swamer cannot recall the e-mail address used to set up the account, the Company is entitled to require the Swamer to provide identification documents and photos and any additional evidence the Company may reasonably require to prove the Swamer’s identity.

Only individuals can be Swamers. Every Swamer shall comply with these GTC and the respective Hungarian laws personally. If you have an agent, agency or other third party which assists the Swamer with the operation of the Swamer account (or operates it on the Swamer’s behalf), this does not affect the personal legal liability of the Swamer.

  1.  Fan/Swamer transactions

All Fan/Swamer transactions are contracts between Fans and Swamers, where Fans qualify as consumers and Swamers qualify as business entities under the respective Hungarian laws. Although the Company facilitates Fan/Swamer transactions by providing a platform, storing and transmitting the Content, the Company is not a party to the contract concluded between a User and/or a Fan and a Swamer or any other contract which may exist between the User/Fan and the Swamer, and shall not be held liable for any Fan/Swamer transaction.

When the Fan receives confirmation from the Company by e-mail, that the Fan/Swamer tansaction has been confirmed, the Swamer shall perform the Swamer’s part of such Fan/Swamer transaction (for example, by allowing the Fan to view the Content on the Swamer’s account and/or providing the customised Content paid for by the Fan). The Swamer acknowledges that the Swamer shall indemnify the Company for any breach by the Swamer of this obligation (which means the Swamer shall be held liable for any loss or damage (including loss of profit) the Company suffers as a result of Swamer failing to comply with this obligation).

  1. Swamer’s warranty and liablity

The Swamer warrants that for each item of Content which the Swamer posts, displays, uploads or publishes on the Website:

  1. the Content complies in full with these GTC;
  2. the Swamer either owns the Swamer’s Content (and all intellectual property rights in it) or have a valid license to offer and supply the Swamer’s Content to the Swamer’s Fans;
  3. if the Swamer’s Content includes or uses any third-party material, the Swamer has secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in the Swamer’s Content and for the subsequent use and exploitation of that Content on the Website;
  4. the Content is of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which the Swamer makes about the nature of the Content on your account or in any advertising.

The Swamer acknowledges that the Swamer shall be liable to the Company and indemnify the Company if any of the above described warranties are untrue. This means the Swamer shall be held liable for any loss or damage (including loss of profit) the Company suffers as a result of any of the warranties being untrue.

The Company shall not be held liable for and does not support any aspect of any Content posted by the Swamer or any other User of the Website. The Company is not obligated to monitor any Content and has no direct control over what the Swamer’s Content may comprise. 

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY
  1. The Company's intellectual property

The structure, organization, tools used for the design, development, and operation of the Website, as well as the databases, brands, and logos, are the exclusive property of the Company and receive the protection of the intellectual property law, and specifically copyright and trademark law. 

Full or partial reproduction or extraction of the Website, databases, features, source code, visuals, texts, brands, or any of the Website's elements, on any media whatsoever or for whatever reason, without the Company's prior written agreement is strictly forbidden. Failing which, the User concerned will be subject to civil and criminal legal proceedings from the Company. 

  1. Intellectual property of the Contents

Intellectual property of a published Content belongs to the User who published it. 

Content shared by Swamers and/or Users is and remains the exclusive property of their account owner. 

The Swamer grants the Website a non-exclusive license to share this Content on the Website and, if this option is selected, through partner sites.

The User hereby guarantees it owns all rights, or has all of the necessary authorizations to accept the GTC. 

The Swamer and/or User warrant the Website against all appeals, claims, demands, actions, or convictions that would be pronounced against it as a remedy by the owner of intellectual or industrial property rights, or image rights for shared Content, or a portion of the Content such as audiovisual, graphics, digital, textual, or audio data. 

The Swamer and/or User agree to take care of all costs of proceedings, damages, and financial penalties against the Website as part of any dispute tied to the distribution on the Website of Content shared by the Swamer. 

The Swamer and/or User acknowledge that the guarantee given has no expiration date. 

The license granted concerns copyright, protecting the Content where applicable, as well as the image rights of the Swamer and/or User, who understands and accepts that the Content will be distributed on a worldwide internet network under the conditions set by the GTC. 

The Company agrees to make its best efforts to protect the rights of Swamers and/or Users, and to respect their privacy. 

In this context, the Company agrees to ban any Swamer and/or User who contravenes current legislation or the GTC. 

The Website also agrees to work in good faith with any Swamer and/or User who would like to exercise their legal rights against a Swamer and/or Users on the basis of violating the privacy of the Swamer and/or User, or violating the intellectual property rights of the Swamer (specifically image rights) by providing the necessary information available to them. 

  1. PROCESSING PERSONAL DATA

Through its Website, the Company is responsible for processing personal data concerning the Users. 

Personal data is understood to be all information that corresponds to an identified or identifiable natural person. An “identifiable natural person” is considered to be a person who can be identified, directly or indirectly, particularly by reference to an identifier, such as a name, alias, address, image, or one or more specific elements tied to his or her physical, physiological, genetic, psychological, economic, cultural, or social identity. 

Photos, videos, and comments are also considered to be personal data. 

Data will be processed in accordance with the General Data Protection Regulation No. 2016/679/EU. 

Data is processed for the purpose of managing your profile, providing Services, and Website maintenance. 

If explicitly consented by the User, the Company may also send the User e-mail to promote its Services. 

The legal basis for processing is based on the Company's legitimate interest as well as fulfilling the agreement to provide Services. 

The Company is the sole recipient of the data of the User. 

The Company does not transfer the data of Users outside the country. Nevertheless, in computer terms, some data may be hosted or accessible outside the European Union. Where applicable, the Company agrees to verify that the data are stored in a country recognized as suitable by the European Commission or that the typical contractual clauses adopted by the European Commission are signed. 

Personal data regarding Users are kept as long as they have a presence on the platform or until the person deletes the data from their profile themselves. Commercial data (such as transactions) will be kept for 5 additional years. If explicitly consented to by the User, the e-mail address of the User will be kept for 3 additional years to keep the User informed of Website news

The data of Users without subscriptions or payments made will be kept for 3 years from the most recent contact or the person's last transaction. 

Each User may update or delete their data directly from their account at any time by connecting to their profile. 

Pursuant to the General Data Protection Regulation, Users also have the right to access, modify, object to commercial prospecting and, for legitimate reasons, to limit processing of their data. They also have the right to data portability, to make directives concerning the release of data in the event of their death and the right to withdraw their consent. Write to [email protected] to do this.

  1. AMENDMENT OF THE GTC

The Company is entitled to amend these GTC unilaterally, but shall always publish the current version of the text. Users are obliged to monitor the changes to these GTC. In any case, the provisions of the GTC in force on the date of the activity shall prevail in relation to the activities of the Parties.

  1. PARTIAL ANNULMENT

Should any of provision of the GTC be declared null and void, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.

  1. ENTIRE AGREEMENT

The GTC and any document referenced in the GTC constitute the entire agreement between the Parties as regard the purpose of the same, replacing any previous pact, agreement or promise made between the parties verbally or in writing.

  1. APPLICABLE LAW AND ASSIGNING JURISDICTION

All clauses in these GTC, as well as all financial transactions referred to in it, will be subject to Hungarian law and interpreted under it. 

Before any judicial remedy, the User can make a friendly request concerning the implementation of this document by contacting the company at [email protected].

Failing to reach an amicable agreement, any dispute arising from the conclusion, execution, interpretation or cessation of this document will be submitted to the competent jurisdiction pursuant to the provisions of the Hungarian Code of Civil Procedure.

 

Information regarding the web hosting provider of the Website:

Name: Google Ireland Limited

Address: Gordon House 4, Barrow Street, Dublin, D04 E5W5 Ireland

Telephone number: +353 1 436 1000

Website: www.google.ie

 

Last update on [11/04/2023]