Terms of service

SUMMARY OF TERMS OF SERVICE – yapl.net

This summary aims to assist you in understanding the Terms of Service ("Terms") of www.yapl.net (the "Website"). While we strive to make it helpful, it's crucial that you thoroughly read the complete Terms for yourself.

Access

This section sets out requirements to access the Website, emphasizing the ban for minors. IF YOU ARE UNDER 18 OR THE AGE OF MAJORITY OF YOUR JURISDICTION YOU ARE PROHIBITED FROM ACCESSING THE WEBSITE! We encourage parents to use parental control tools to block access for minors. You can terminate the use of the service at any time by leaving the Website.

Creation of an Account

This section outlines the process and responsibilities associated with creating a user login account. If you wish to create an account, you must provide accurate registration information, maintain confidentiality of login credentials, and promptly report any unauthorized access or security breaches. You may delete your account and cease using our service at any time.

Intellectual Property Rights

This section addresses intellectual property rights (such as copyrights, trademarks, designs etc.) related to the Website's content and materials, excluding user submissions. You are prohibited from using or otherwise exploiting content protected by intellectual property rights without prior written consent from the respective owners.

User Submissions

This section prescribes rules for content (videos, pictures, comments etc.) that you may submit to the Website. You are solely responsible for your submissions, affirming that you have all the necessary rights and comply with all laws and these Terms. You agree not to submit certain prohibited content.

Content Moderation

This section explains how we deal with illegal content on the Website. It describes the process of reporting and removing illegal content, our voluntary own-initiative investigations, our collaboration with trusted flaggers and more. This sections also contains our policy towards repeat infringers.

Recommender System Transparency

This section describes how the recommender systems on the Website function.

Availability of Services; Warranty Disclaimer

This section includes our service commitment to you. It also explains that there are some things we will not be responsible for.

Limitation of Liability

This section contains limitation of our liability for damages or losses resulting from your use of the Website, with certain exceptions based on applicable laws.

Internal Complaint-Handling System, Dispute Resolution, Agreement to Arbitrate, Class Action Waiver, Venue and Forum

This section establishes procedure for our internal complaint-handling system and outlines dispute resolution mechanisms, including arbitration and out-of-court settlement options.

Governing Law

This section sets out the governing law of your relationship with us.

Separation of Terms

This section ensures that each paragraph of the Terms functions independently, such that if any part is deemed invalid, the remaining provisions remain valid and enforceable.

General

This section outlines in particular how we may modify the Terms and specifies how we will inform you of any such changes.

Below are the Terms of Service for yapl.net. These Terms of Service contain a binding arbitration agreement whereby you agree to waive your right to a jury trial and further agree to waive your right to bring any dispute or claim as part of a class or representative action. For further details, see Section 13 (Internal Complaint-Handling System, Dispute Resolution, Agreement to Arbitrate, Class Action Waiver, Venue and Forum).

PARENTS, you can easily block access to this site. Please read https://www.rtalabel.org/index.php?content=parents/ for more information.

1. Preamble

These are official terms and conditions and form a legally binding agreement between you and NKL Associates s.r.o., located at Krakovska 1366/25, 110 00 Prague, Czech Republic, ID: 023 30 482 ("we", "us", "our", or any other first-person plural pronouns; or "NKL Associates"), the operator of the website located at https://www.yapl.net regarding your use of that same website (the "Website"). NKL Associates provides the services on the Website subject to the terms and conditions on this page (“Terms of Service”). By accessing the Website, you agree to these Terms of Service. By accessing the Website, you acknowledge that you have read and accepted these Terms of Service. You further understand and agree that your acceptance of the Terms of Service is on your individual behalf as well as on behalf of those you have a legal right to act for or represent, and therefore these Terms are binding upon you individually and in your representative capacity, if any.

Please read each term carefully and abide by all of them.

When using the Website, you are subject to each and every one of the Terms of Service, as well as to any posted rules, community guidelines, statements or policies, including our protect children from abuse policy available at ; our piracy policy available at ; our repeat copyright policy available at ; our privacy policy, if you do have an account, available at and our cookie policy available at . To the extent permitted by law, such rules, guidelines, statements and policies are hereby incorporated by reference into these Terms of Service. You must agree to the terms of our privacy policy before you may create an account or access certain services and functionalities described in the privacy policy.

Through the Website and under the conditions stipulated in these Terms of Service, NKL Associates allows the users of the Website to view or submit videos or other material and to host, share and/or publish such submissions. The submissions are made accessible and provided to other users under and subject to the conditions stipulated in these Terms of Service.

2. Access

The Website contains sexually explicit content that may impair physical, mental or moral development of minors. If you are under the age of 18 and/or under the age of majority in the jurisdiction in which you reside or from which you are accessing the Website, you are not permitted to enter and use the Website.

yapl is rated with RTA (Restricted to Adults) label. PARENTS, you can easily block access for your children to this site by using parental control tools incorporated in operating system of your child’s desktop/mobile device and/or offered by your internet service provider (“ISP”). In addition to parental controls provided by operating systems, device manufacturers and ISPs, there are multiple parental control apps available from third parties. Please read https://www.rtalabel.org/index.php?content=parents/ for more information.

By accessing the Website, you certify and warrant to NKL Associates that:

you are at least 18 years of age or otherwise the age of majority under the laws of your state, province or country; AND
you know and understand that the materials presented at and/or downloadable from the Website include explicit visual, audio, and/or textual depictions of nudity and explicit sexual activities; that you are familiar with materials of this kind; that you are not offended by such materials; and that by agreeing to these Terms of Service you are warranting to us that you are intentionally and knowingly seeking access to such explicit sexual materials; AND
you will use the Website solely for personal and non-commercial purposes; and you will not download, copy or distribute any part of the Website for any commercial purpose or as otherwise prohibited by law; AND
you will not alter, delete, add, change or edit any of these Terms of Service, and any such attempted alteration shall be void and of no effect.

If you wish to terminate the use of the service, you can leave the Website at any time.

3. Child sexual abuse or non-consensual sexual acts

NKL Associates is committed to protecting children from all forms of abuse and to preventing our platforms from being accessed by any underage individual. Any content we suspect might feature persons under the age of 18 will be removed and reported to law enforcement in accordance with applicable laws and as warranted. Similarly, we are committed to protecting victims of non-consensual sexual acts. If you believe that any content appearing on the Website depicts any person under the age of 18 or depicts non-consensual acts, please fill out our ABUSE REPORTING FORM available at . Read more about our anti-child sexual abuse policy here at .

4. Terrorism and Physical Harm Violence

NKL Associates expressly prohibits any use of the platform and services to depict, display, perpetuate, and promote terrorism and physical harm violence. Any content (including videos, video descriptions, comments, audio, live streams, external links, URLs, verbal directions, and any other material, product, or feature) suspected of such activity will be removed and reported to law enforcement in accordance with applicable laws and as warranted. Such prohibited use includes, by way of example without limitation:

Threats of violence or wish for the serious physical harm, death, or disease of an individual or group of people, including threatening or promoting terrorism;
Indications of affiliation with organizations or individuals that use or promote violence against civilians to further their causes, including by their own statements or activity both on and off the platform;
Glorifying violence against civilians;
Praising, promoting, recruiting for, fundraising for, or aiding terrorists, violent extremists, or criminal organizations;
Content produced by violent extremist, criminal, or terrorist organizations;
Praising or memorializing terrorists, extremists, or criminal figures in order to encourage others to carry out acts of violence;
Praising or justifying violent acts carried out by violent extremist, criminal, or terrorist organizations;
Content aimed at recruiting new members to violent extremist, criminal, or terrorist organizations;
Depicting hostages or posted with the intent to solicit, threaten, or intimidate on behalf of a criminal, extremist, or terrorist organization;
Depicting the insignia, logos, or symbols of violent extremist, criminal, or terrorist organizations in order to praise or promote them;
Content that glorifies or promotes violent tragedies, such as school shootings and terrorist events;
Content created by terrorists, criminal or extremist organizations;
Celebrating terrorist leaders, terrorist organizations, violent extremists and organizations, and criminals and criminal organizations in songs or memorials;
Content directing users to sites that adopt or support terrorist ideology, are used to disseminate prohibited material, or are used for recruitment to terrorist, violent extremist or criminal organizations;
Video game and animated content that has been developed or modified to glorify a violent event, its perpetrators, or support violent criminal or terrorist organizations;
Material inciting or soliciting others to commit or contribute to the commission of violent acts against individuals or groups of people or to participate in the activities of a terrorist, violent extremist or criminal organization;
Content providing instruction on the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or on other specific methods or techniques for the purpose of committing or contributing to the commission of violent, criminal or terrorist acts;
Footage, audio, or imagery involving road accidents, natural disasters, war aftermath, terrorist attack aftermath, street fights, physical attacks, immolation, torture, corpses, protests or riots, robberies, medical procedures, or other such scenarios with the intent to shock or disgust viewers;
Footage filmed, or images provided by the perpetrator during a deadly or major violent event, in which weapons, violence, or injured victims are visible or audible;
Footage of injured dead bodies.

If you believe that any such content is appearing on the Website, please report it immediately using our reporting form available at .

NKL Associates has established a contact point for the receipt and processing of official removal orders concerning terrorist content issued by the competent state authorities: . This contact point may be addressed in English or Czech. After receiving the official removal order, NKL Associates will make every possible effort to remove the reported terrorist content or disable access to it as soon as possible and in any event within the timeframes prescribed by applicable laws.

5. Creation of an Account

To access some of the resources offered through the Website, you may be asked to create a user login account. In connection with creating a user login account for the Website, you agree to

provide true, accurate, current, and complete information about yourself as prompted by the account registration form such information being the ("Registration Data"); and
maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times while you are a registered user. You must promptly inform us of all changes, including, but not limited to, changes in your address and changes in your credit card, if any, used in connection with the Website. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your user account and to refuse any and all current or future use of the Website.

As part of the registration process, you will select a unique user name and password which you must provide to gain access to the non-public portions of the Website. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Website to anyone who is below the age of majority in your jurisdiction. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. To ensure the safety of your account, we will not release your password. You agree to

immediately notify us of any unauthorized use of your user name and password or any other breach of security; and
ensure that you exit from your account at the end of each session.

You are liable and responsible for any unauthorized use of the Website under your user account. If your account has been accessed without authorization you must submit documentation to substantiate it. Unauthorized access to the Website is illegal and a breach of these Terms of Service. You may obtain access to your billing records regarding charges of your use of the Website upon request as may be required by law. You may be first required to provide information sufficient to confirm the applicable account belongs to you.

If you wish to terminate the use of the service, you may delete your user account and stop using the Website at any time without any penalization.

6. Intellectual Property Rights

Except for user Submissions as defined below, the Website, including without limitation, all content, media and materials, all Website software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence, 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, and all of the foregoing, individually and/or collectively ("Content") and the trademarks, service marks and logos, whether or not registered, contained therein ("Marks"), are owned by or licensed by NKL Associates and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under the relevant governing laws and conventions. You may not copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Content and/or Marks for any purpose without the prior written consent of the respective owners. For purposes of this section, Content does not include any content uploaded to the Website by a user of the Website or of the Website's services.

7. User Submissions

A. We allow our users to submit videos or other material and to share and publish such submissions for display in the free areas of the Website ("Submissions"). You shall be solely responsible for your Submissions including those made through your account and the consequences of posting or publishing them. In connection with your Submissions, you affirm and warrant that:

you have the written consent, written release, and/or written permission of each and every identifiable person in the Submissions to use his or her name and/or likeness in the manner contemplated by these Terms of Service; AND
no one in the Submissions is under the age of 18; AND
your Submission is compliant with all laws, including, but not limited to, 18 U.S.C. § 2257 and 28 C.F.R Pt. 75; AND
you are 18 years of age or older and retain all of your ownership rights in your Submissions, although by submitting the material to us, you grant us a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, modify, adapt, transmit, translate, distribute, promote, exhibit, prepare derivative works of, publicly display, and publicly perform the Submission. This license ends when your Submission is deleted from our systems; AND
the posting of your Submissions on or through the Website does not, directly or indirectly, violate any laws prohibiting or otherwise depict child sexual abuse material or non-consensual sexual activity of any kind and does not, directly or indirectly, violate the legal rights of any person or entity, including without limitation any privacy or publicity rights, copyrights, trademark rights, trade secret rights or contractual rights; AND
by posting your Submissions you allow us to share any content and any of your user related information with law enforcement authorities in connection with any investigation related to Child Sexual Abuse Material ("CSAM"), and/or any other non-consensual activity; AND
to the extent permitted by applicable law, you will defend, indemnify, and hold harmless NKL Associates, including our affiliates, officers, agents, and employees, from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys' fees) arising from or related to: (i) your use of and access to the Website, (ii) your violation of these Terms of Service, (iii) your violation of any third-party right including, but not limited to, any copyright, property, publicity, or privacy right, (iv) any claim that your Submission caused damage to a third party, or (v) any claim that you engaged in reprehensible or culpable conduct. You acknowledge that you are solely responsible for any offensive, inappropriate, obscene, unlawful, unauthorized or otherwise objectionable content or information you upload and that we shall have no liability for such content or information. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including, but not limited to, the right to select counsel and to compromise or settle any such claims, demands, or litigation; AND
if anyone brings a claim against us related to your actions, uploaded content, or any information obtained from or through you, and that claim is related to a fault, violation of these Terms of Service, or any other reprehensible or culpable behavior on your part, or is intended to remedy the consequences of any such fault, violation or behavior, you will indemnify and hold us including our affiliates, officers, agents, and employees harmless from any such claim, including for any and all liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees. You acknowledge that you are solely responsible for any offensive, inappropriate, obscene, unlawful, unauthorized or otherwise objectionable content or information you upload and that we shall have no liability for such content or information; AND
you have paid or shall pay any and all residuals, reuse and other fees, compensation or payments of any kind, however denominated, which are due or may become due in relation with your Submissions.

B. Content on the Website is provided to you AS IS for your information and personal and non-commercial use only. You further agree that you will not:

submit material that depicts any person under 18 years of age (or the age of majority under the laws of your state or jurisdiction where the age of majority is set above 18), whether real or simulated; NOR
submit material without written documentation confirming that all subjects depicted are, in fact, over 18 years of age (or the age of majority under the laws of your state or jurisdiction where the age of majority is set above 18); NOR
submit material depicting child sexual abuse, non-consensual sexual acts, rape, bestiality, death, or use of controlled substances, whether implied, staged, simulated, artificial or cartoon/drawn/art; NOR
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NKL Associates all of the license rights granted herein; NOR
allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party including, without limitation, on or via a third-party website or otherwise exploit, any content, including member Submissions, without our express prior written consent; NOR
publish falsehoods or misrepresentations that could damage NKL Associates or any third party; NOR
submit material that is unlawful, threatening, harassing or hateful, constitutes "revenge porn", contain incitement to violence or hatred directed against a group of persons or a member of a group on the grounds of sex, race, colour, ethnic or social origin, genetic features, nationality, language, religion or belief, political or other opinion, membership of a national minority, property, birth, birthplace, disability, age or sexual orientation or encourages, depicts or constitutes conduct that is a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; NOR
submit material depicting violence or abuse actual harm to another living thing, including animals; and submit material that depicts or promotes incest; NOR
submit material that depicts or promotes coprophilia, also known as "fecophilia" or "scat"; and use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any content from the Website, unless you are expressly authorized in writing to do so by us; NOR
use or launch any automated system that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser; NOR
collect or harvest any personally identifiable information, including account names, from the Website; NOR
solicit, for commercial purposes, any users of the Website with respect to their Submissions; NOR
post any form of advertisement, commercial communication or solicitations of business; NOR
impersonate another person.

C. We do not endorse any user Submission and expressly disclaim any and all liability in connection with user Submissions, except in the cases strictly defined by the provisions of applicable law in the event of prior notification of inappropriate content of a user Submission.

Additionally, we do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any user Submission uploaded by you ("Third Party Personal Data"), and disclaim any and all liability in connection with the Third Party Personal Data.

D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that NKL Associates is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NKL Associates with respect thereto, except in the cases strictly defined by applicable law. You also understand and acknowledge that your user information as well as your Submission(s) may be shared with law enforcement as part of our efforts to fight CSAM. You agree to indemnify and hold NKL Associates and its owners, affiliates, officers, agents, employees, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your unauthorized use of the Website.

8. Content Moderation

A. NKL Associates is committed to fostering a safe and secure online environment for users of the Website. NKL Associates does not tolerate the display or dissemination of any Submissions that violate applicable laws or these Terms of Service (such as child sexual abuse material, non-consensual sexual acts, privacy violations, abuse, harassment, etc.) on the Website and upon becoming aware of such illegal Submissions, NKL Associates will expeditiously remove or disable access to them.

In addition to our notice and action procedure (as described below), NKL Associates undertakes voluntary own-initiative investigations in good faith and diligent manner, aiming to detect, identify, and remove or disable access to illegal Submissions. These efforts include employing avant-garde automated detection technologies capable of identifying various types of illegal content, supplemented by manual review conducted by our well-trained team of human content moderators. Furthermore, Submissions undergo thorough checks for malware, viruses, or other malicious software prior to uploading. Ultimately, the decision to remove a Submission, rests with the human content moderator. NKL Associates does not utilize algorithmic decision-making for content moderation.

Recognizing the importance of responsible content moderation, NKL Associates is ready to work closely with certified Trusted Flaggers from the European Economic Area ("EEA") to swiftly identify and address any Submissions that violate these Terms of Service or applicable laws. This cooperative effort reflects our commitment to upholding the highest standards of user safety and promoting a positive online experience for all. Through this collaborative approach, we aim to continuously improve our content moderation processes and maintain a platform that prioritizes the well-being of our users and the integrity of our online community. Trusted Flaggers from the EEA who have been certified by the relevant Digital Services Coordinator can join our Trusted Flagger programme here: , and have their notices and complaints prioritised.

Notice and Action Procedure (Non-Copyrighted Content)

B. If you come across any Submission on our Website that you consider to be illegal or in violation of these Terms of Service for any reason other than copyright infringement, we encourage you to report it by submitting a take-down notice, either via:

(i) abuse reporting form available here: ; or

(ii) reporting form, which you can find after pressing the “Report” button accompanying each video on our website.

You must fill at least the following information in the reporting form:

a sufficiently substantiated explanation of the reasons why you allege the Submission in question to be illegal content; AND
a clear indication of the exact electronic location of that Submission, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the Submission adapted to the type of content and to the specifics of the Website; AND
your name and email address, except in the case of Submissions considered to involve sexual abuse, sexual exploitation, child pornography, solicitation of children for sexual purposes or incitement, aiding, abetting, or attempt to such offences); AND
a statement confirming your bona fide belief that the information and allegations contained therein are accurate and complete.

You acknowledge that if you fail to comply with all of the requirements of this section, your take-down notice may not be valid or may be delayed in processing.

Upon receiving the take-down notice, the reported Submission is temporarily suspended (not accessible to public) pending NKL Associates's decision on the notice. If you entered your email address into the reporting form, NKL Associates will, without undue delay, send you a confirmation of receipt to your email. The respective notice is then reviewed and validated by NKL Associates' human content moderators. NKL Associates processes all notices in a timely, diligent, non-arbitrary, and objective manner. If the reviewing team has any doubts while considering the notice, it may provide the uploader with the opportunity to comment on the notice. If the reported Submission is assessed as illegal or in violation of these Terms of Service, it is deleted. Uploader located in the EEA is then provided with a statement of reasons. If, upon review of the notice, we find no violation of applicable laws or these Terms of Service, then the visibility of the Submission is restored. In all cases, we will inform the person who reported the Submission about how the notice was resolved. Recipients located in the EEA have a right to appeal against NKL Associates’ decision by lodging a complaint throughout our internal complaint-handling system described in Article 13.1. of these Terms of Service.

Obviously, any instance of illegal Submissions, such as CSAM, Non-Consensual Intimate Imagery (“NCII”), terrorist content, or other Submissions that gives rise to suspicion that criminal offence involving a threat to the life or safety of a person or persons has taken place, is taking place or is likely to take place will be reported to the competent state authorities. NKL Associates will also immediately delete such Submission and ban the associated user account.

Please note that we do not accept that we are a joint controller of Third Party Personal Data available or contained in any forms submitted, or otherwise provided to us, by you and disclaim any and all liability in connection with the Third Party Personal Data.

Notice and Action Process (Copyrighted Content)

C. NKL Associates does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and will expeditiously remove infringing content in response to a valid takedown request.

an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; AND
a description identifying the material claimed to have been infringed and that is to be removed or access to which is to be disabled, and the location where the original or an authorized copy of the material exists for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.; AND
information reasonably sufficient to permit NKL Associates to contact you, such as a physical address, telephone number and an email address; AND
a statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by its rightful owner, its agent, or the law; AND
a statement that the information in the notification is accurate, and under penalty of perjury, that you are the rightful copyright owner or that you are authorized to act on behalf of the owner's behalf.

You acknowledge that if you fail to comply with all of the requirements of this section, your takedown request may not be valid or may be delayed in processing.

Please note that for the specific purpose of reviewing and processing your claim of an alleged copyright infringement and to safeguard our legitimate business interests and the legitimate interests of our users, when submitting a takedown request, we are required to process your personal data and provide the uploader of the material at issue with the following personal data: your name, your contact information, as well as the contents of your takedown request. If you are an authorized representative submitting a report, we provide the name of the organization or client that owns the right in question. We rely on your consent to transmit your personal data to the takedown request or counter-notification claimant and without it, we are unable to process your takedown request or counter-notification as prescribed under the Digital Millennium Copyright Act ("DMCA"). Where the party against whom you are making your takedown request resides outside the EEA, you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit your personal data exclusively for the purpose of assessing the merits of your takedown request and will notify the recipient of the data of this limited purpose and the confidential and sensitive nature of your personal data. However, we are unable to control the use of your personal data by the recipient, and we do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.

You consent to your personal data being transmitted to the uploader of the material at issue in line with the Privacy Notice if you do not have an account and in line with the Privacy Policy if you have an account.

Copyright Counter-Notification Process

When an uploader's video Submission has been removed, the Website will notify the uploader of this removal. Pursuant to the Website's policies and in accordance with the DMCA, the uploader has five 5 days to submit a counter-notification to the Website, explaining why the original takedown request was sent in error. The counter-notification may be sent to NKL Associates' email address from which the user originally received the forwarded takedown request.

For the Website to consider a counter-notification, it must include the following:

a physical or electronic signature of the uploader; AND
identification of the material that has been removed by providing one or more URLs where the material was previously available; AND
a statement under penalty of perjury that the uploader has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; AND
the uploader\'s name, address, and telephone number; AND
a statement that the uploader consents to the jurisdiction of the Federal District Court for the judicial district in which the user is located, or if the uploader's address is outside of the United States, for any judicial district in which the Website may be found; AND
a statement that the uploader will accept service of process from the takedown request claimant or an agent of such person.

Counter-notifications that do not satisfy all of these elements are ineffective and may not be considered by the Website.

Please note that for the specific purpose of reviewing and processing your counter-notification related to the relevant takedown request and to safeguard our legitimate business interests and the legitimate interests of our users, we will process your personal data and will provide the party who originally made the takedown request with your completed counter-notification, which will include the following personal data: your name, and contact information, as well as the content of your counter-notification. We rely on your consent to transmit your personal data to the addresses of your takedown request or counter-notifications and without it, we are unable to process your takedown request as prescribed under the DMCA. Where the takedown request claimant resides outside the EEA, you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit any personal data included in your counter notification exclusively for the purpose of processing your counter-notification and will notify the recipient that any personal data included in your counter-notification is of confidential and sensitive nature. However, we are unable to control the use of your personal data by the recipient, and do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.

You consent to your personal data being transmitted to the takedown request claimant in line with the Privacy Notice (if you do not have an account) and in line with the Privacy Policy if you have an account.

That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore access to the removed materials.
Until that time, your uploaded material will remain inaccessible. We will provide a copy of the original takedown request if asked. Uploaders located in the EEA are then provided with a statement of reasons. Recipients located in the EEA have a right to appeal against NKL Associates’ decision by lodging a complaint throughout NKL Associates’ internal complaint-handling system described in Article 13.1. of these Terms of Service.

Repeat Infringers Policy

D. For any Submission not involving CSAM, Non-Consensual Intimate Imagery (“NCII”), terrorist content, or other Submissions that gives rise to suspicion that criminal offence involving a threat to the life or safety of a person or persons has taken place, is taking place or is likely to take place, the Repeat Infringers Policy does not apply because the account holder responsible for any such Submission will be banned and the corresponding account(s)will be deleted for good.

For any other violations of these Terms of Services, including copyright infringements, NKL Associates has established a policy for addressing users who repeatedly upload illegal Submissions. If, a user is found to have uploaded illegal Submission to the Website, the respective account will receive a “strike”. NKL Associates’ content moderator may delete a strike if the user proves that it was clearly a mistake or an accidental or isolated incident. After accumulating three strikes, the user's account is deleted and his other access to the Website is terminated.

9. Recommender System Transparency

The criteria influencing the display of videos on the Website vary depending on the specific section of the Website visited by the user. On the main page, key factors include (i) the user's chosen location (country) and video category (sub-genre) and within that (ii) the video's popularity, determined by the total number of clicks from recipients. Users can easily modify these parameters by selecting a different location or category on the Website’ online interface. Beyond the main page, the selection of suggested videos is also influenced by the chosen category, a particular actor/actress or 'tag'. Tags are more detailed textual specifications of the video. For instance, a 'tag' may represent one or more specific sub-categories or a particular model(s) featured in the video. Users can easily impact this by selecting a different category, tag or choosing different actor/actress within the Website’s online interface.

Users may also search for specific type of content using keywords. In this case, the decisive criterion is the match between the entered keyword(s) and the video's title or 'tags' and within such searched videos, their popularity. The Website also provides a feature of suggesting 'related' videos which is based on viewing history of all users. When 'view history' is enabled, the system suggests more relevant videos based on the context of the respective video, considering criteria such as ‘popularity’, 'categories' or 'tags'.

10. Availability of Services; Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.

NKL ASSOCIATES PROVIDES ITS SERVICES "AS IS" AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NKL ASSOCIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

TO THE FULLEST EXTENT PERMITTED BY LAW, NKL ASSOCIATES, AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS MAKE NO PROMISES OR GUARANTEES THAT THE WEBSITE AND/OR ITS CONTENT, AND OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE. WE MAY SUSPEND, WITHDRAW, OR RESTRICT AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS OR OPERATIONAL REASONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, NKL ASSOCIATES, AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NKL ASSOCIATES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, AND/OR
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
ERRORS OR OMISSIONS IN ANY CONTENT AND/OR FOR ANY LOSS AND/ OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, AND/OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

IF YOUR STATE OR COUNTRY REQUIRES A CERTAIN PERIOD FOR WHICH A WARRANTY APPLIES, IT WILL BE EITHER THE SHORTER OF 30 DAYS FROM YOUR FIRST USE OF THE WEBSITE OR THE SHORTEST PERIOD REQUIRED BY LAW.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NKL ASSOCIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS OF SERVICE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

PURSUANT TO ITS HOST STATUS, NKL ASSOCIATES IS UNDER NO OBLIGATION TO MONITOR THE SERVICES FOR INAPPROPRIATE OR ILLEGAL USER CONTENT OR THE CONDUCT OF OTHER USERS, AND WE TAKE NO RESPONSIBILITY FOR SUCH CONDUCT. WE ARE ALSO NOT RESPONSIBLE FOR INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED BY OTHER USERS OR THIRD PARTIES, AND USER CONTENT IS NOT APPROVED BY US. BY USING OUR SERVICES, YOU UNDERSTAND THAT YOU MAY BE EXPOSED TO CONDUCT THAT YOU MIGHT FIND OFFENSIVE OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY USER CONTENT POSTED ON THE SERVICES, ARE UNDER NO OBLIGATION TO ACTIVELY SEARCH FOR FACT OR CIRCUMSTANCES CAUSING THE CONTENT TO BE ILLEGAL, NOR DO WE GUARANTEE THE TRUTHFULNESS OR ACCURACY OF THE CONTENT POSTED ON THE WEBSITE.
NONETHELESS NKL ASSOCIATES WILL REMOVE, AND FORBID ACCESS TO THE WEBSITE TO ANY USER WHO UPLOADS, ANY MANIFESTLY ILLEGAL CONTENT AS SOON AS NKL ASSOCIATES IS NOTIFIED OR OTHERWISE BECOMES AWARE OF ITS EXISTENCE.

YOU ACKNOWLEDGE THAT NKL ASSOCIATES, AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, FOR ANY CLAIMS UNDER THESE TERMS OF SERVICE, ARE NOT LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, AND/OR INABILITY TO USE, AND/OR MISUSE OF THE SERVICES; AND/OR
LOSS OR DAMAGE WHICH, AT THE TIME THAT THIS AGREEMENT BETWEEN YOU AND NKL ASSOCIATES COMES INTO FORCE, DOES NOT CONSTITUTE REASONABLY FORESEEABLE CONSEQUENCES OF ANY BREACH BY NKL ASSOCIATES OF THE TERMS OF USE; AND/OR
ANY CONTENT SUBMITTED BY A USER, OR ANY OTHER CONDUCT OF A USER OR THIRD PARTY OF A DEFAMATORY, INJURIOUS OR ILLEGAL NATURE, SUBJECT TO THE PROVISIONS OF APPLICABLE LAW RELATING TO THE WITHDRAWAL OF CONTENT; AND/OR
YOUR CONDUCT OR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES WHO CONTRAVENE THESE TERMS OF SERVICE.

THE RISK OF USING THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU, AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES.

IN NO EVENT SHALL NKL ASSOCIATES, AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, OR INCIDENTAL LOST PROFITS, REVENUES, DATA, OR FINANCIAL LOSSES OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY:

ERRORS, OMISSIONS, OR INACCURACIES OF CONTENT; AND/OR
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; AND/OR
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND/OR
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; AND/OR
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR
USE BY ANYONE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NKL ASSOCIATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NKL ASSOCIATES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NKL ASSOCIATES SHALL NOT BE LIABLE FOR SHARING USER’S INFORMATION OR INFORMATION PERTAINING TO SUBMISSIONS WITH LAW ENFORCEMENT AUTHORITIES AS PART OF ITS EFFORT IN THE FIGHT AGAINST CHILD SEXUAL ABUSE MATERIAL.

TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE DISCLAIMERS OF LIABILITY IN THESE TERMS OF SERVICE APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, AND/OR INABILITY TO USE, AND/OR MISUSE OF THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).

THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. NONE OF THE TERMS OF SERVICE HEREIN SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE PARTIES FOR LOSSES THAT COULD NOT LEGALLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN ALL CASES, NKL ASSOCIATES, AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

SOME STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION/EXCLUSIONS OF CERTAIN LIABILITIES DESCRIBED ABOVE, WHICH MEANS THESE LIMITATIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN ONE OF THOSE STATES OR COUNTRIES. FOR THOSE USERS, IF NKL ASSOCIATES FAILS TO COMPLY WITH THESE TERMS OF SERVICE, NKL ASSOCIATES IS RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF NKL ASSOCIATES' BREACH OF THESE TERMS OF SERVICE OR IS A RESULT OF NKL ASSOCIATES'S NEGLIGENCE. HOWEVER, NKL ASSOCIATES IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE ONLY IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND NKL ASSOCIATES AT THE TIME WE ENTERED INTO THESE TERMS OF SERVICE.

12. Notices to yapl and/or NKL Associates

If you elect to send NKL Associates a Notice of Dispute pursuant to the provisions at Section 13 of these Terms of Service, the notice must be in writing, sent by registered mail and addressed to NKL Associates Czech Republic, a.s., Krakovska 1366/25, 110 00 Prague, Czech Republic, Attn:
Dispute Resolution, Subject: Notice of Dispute. Failure to follow this procedure could delay or prevent our review of your Notice of Dispute.

13. Internal Complaint-Handling System, Dispute Resolution, Agreement to Arbitrate, Class Action Waiver, Venue and Forum

13.1 Handling complaints internally

Upon a decision from NKL Associates:

about whether or not to remove or disable access to or restrict visibility of information that is the subject of a complaint; or
about whether or not to suspend or terminate the provision of the service, in whole or in part, to one or more recipient(s); or
about whether or not to suspend or terminate the account of the recipient(s); or
about whether or not to suspend, terminate or otherwise restrict the ability to monetise information provided by the recipients,

on the grounds that the information provided by the recipients constitutes illegal content or is incompatible with NKL Associates’ Terms of Service, recipients of the service shall be able to lodge complaints against the decision of NKL Associates, electronically and free of charge. Recipients shall have the right to lodge such complaints for 6 months from the date they are informed of the relevant decision. Recipients may submit a complaint through their user account interface [INSERT A LINK TO THE RELEVANT SECTION OF THE USER ACCOUNT INTERFACE] or through the designated link that was emailed to them by NKL Associates.

NKL Associates shall handle such complaints submitted through its internal complaint-handling system in a timely, diligent, non-discriminatory and non-arbitrary manner, under the supervision of qualified content moderators, and not solely on the basis of automated means. Where appropriate, NKL Associates shall reverse its decisions as a result of the complaints. Recipients located in the EEA shall be provided with a reasoned decision in respect of the information to which the complaint relates and of the possibility of out-of-court dispute settlement (as described under 13.2 of these Terms of Service) and other available possibilities for redress.

13.2 Out-of-court dispute settlement bodies available to recipients located in the EEA

In addition to the other dispute resolution mechanisms set out in this Clause, in relation to any and all claims relating to, arising out of, or in connection with content that is, or has been alleged to be, illegal or incompatible with NKL Associates’ Terms of Service, recipients located in the EEA (namely in Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Lichtenstein, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden) may refer the matter to any of the out-of-court dispute settlement bodies certified in accordance with Art. 21 of the Digital Services Act.

13.3 Arbitration

Either Party may refer any and all claims relating to, arising out of, or in connection with your use of the Website or with the Terms of Service to arbitration.

Before bringing a formal legal case in arbitration, you must send a written notice of dispute ("Notice of Dispute") via registered mail to "NKL Associates s.r.o., Krakovska 1366/25, 110 00 Prague, Czech Republic, Attn: Dispute Resolution- Subject: Notice of Dispute" to give NKL Associates the opportunity to resolve the dispute with you informally, as also indicated in Section 12 of these Terms of Service. Similarly, before commencing a formal legal case in arbitration against a counterparty, NKL Associates will send a Notice of Dispute to the counterparty’s registered address.

The Notice of Dispute must contain sufficient information to identify the claiming Party (“Claimant”) and the basis of its claim. Amicable consultations will commence upon NKL Associates' or counterparty’s receipt of a Notice of Dispute.

You and NKL Associates agree to negotiate the dispute in good faith for no less than 30 days after a valid Notice of Dispute is provided. If the dispute cannot be resolved by amicable consultations within 30 days after receipt of a Notice of Dispute, you agree that ANY and all existing and/or future controversy and/or claim between you and NKL Associates shall be resolved as follows:

i. No Class Actions

Neither you nor NKL Associates may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim or dispute. Claims or disputes may not be arbitrated or resolved on a class or representative basis.

ii. You and NKL Associates Agree to Arbitrate

You and NKL Associates agree to the fullest extent permitted by law to resolve any claims arising out of, relating in any manner to, or in connection with the Website, the Terms of Service, your relationship with us, or NKL Associates' services, including but not limited to your use of the Website and information provided via the Website, through final and binding arbitration.

An arbitration proceeding is before neutral arbitrators instead of a judge and jury, so by voluntarily accepting these Terms of Service, you and NKL Associates agree to give up the right to a trial before a judge and jury with respect to any and all claims relating to, arising out of, or in connection with your use of the Website or with the Terms of Service referred to arbitration.

This agreement applies to all claims except those identified in Section 13 (v). This agreement applies even after you stop using or choose to delete your yapl.net account.

iii. The Arbitration Process

The Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic ("Arbitration Court") will conduct any arbitration between you and NKL Associates, except for disputes in which the Czech state courts have exclusive jurisdiction under Czech law. The parties agree that the Rules of the Arbitration Court are applicable and will govern. You may read the Rules of the Arbitration Court here at https://en.soud.cz/rules. This webpage address is potentially subject to change as it is not under NKL Associates' control. If any terms in these Terms of Service conflict with any Rules of the Arbitration Court, the parties agree to follow these Terms of Service.

Disputes shall be resolved by a panel of three arbitrators (“Arbitrators”) in accordance with the Arbitration Rules of the Arbitration Court in effect at the time the Notice of Dispute was filed or received by NKL Associates. The resulting award shall be final, conclusive and binding on the parties. The seat of the arbitration shall be Prague, Czech Republic; the proceedings shall take place in Prague, Czech Republic; and the language of arbitration shall be Czech, unless (i) the parties agree otherwise, or (ii) unless Claimant elects English as the language of arbitration, or (iii) unless any applicable local laws dictate a particular language for the arbitration.

The parties agree that any disputes concerning the enforceability, validity, or scope of the arbitration agreement in this Section 13 (or any portion of it) shall be resolved by the Arbitration Court, which will have sole authority to decide those issues.

The parties further agree not to pursue injunctive relief (i.e., an order that the other party do or not to do something, apart from paying damages) in arbitration. Such relief must be sought in court instead. If a party has a dispute for which they seek to obtain both injunctive and other forms of relief, the party must go to court to seek the injunctive relief and must arbitrate to seek the other forms of relief.

iv. Arbitration Fees and Costs

If you start an arbitration in accordance with the Terms of Service, you will be required to pay the Arbitration Court’s initial filing fees. If you are a non-EEA Claimant, you will not be responsible for paying any other fees of the Arbitrators, since all other fees and expenses charged by the Arbitrators will be paid by NKL Associates. Additionally, if the Arbitrators determine that you are unable to pay all or any part of the filing fee, NKL Associates will pay that too. If you are an-EEA Claimant, you and NKL Associates will be responsible for paying the respective fees of the Arbitrators, and NKL Associates won’t pay but for its fair shares of the Arbitrators fees. Similarly, if you are an-EEA Claimant, if the Arbitrators determine that you are unable to pay all or any part of the filing fee, NKL Associates will not pay that. Based on the ultimate outcome of the arbitration, the Arbitrators may decide in accordance with, and to the extent permitted by applicable law, to award attorneys’ fees and costs to the prevailing party or parties in the arbitration.

v. Exceptions to Agreement to Arbitrate

You and NKL Associates further agree that the Czech District Courts in Prague, Czech Republic (and not an arbitral tribunal), will have exclusive jurisdiction to resolve disputes:

a. relating to non-EEA Claimant’s or NKL Associates' intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents) (“IP”); if you are an EEA Claimant you will still be required to arbitrate IP disputes, OR

b. regardless of whether you are an EEA or a non-EEA Claimant, where the sole form of relief sought is injunctive relief, including where a party seeks other forms of relief but is bound, as per Section 13 (ii), to seek those other forms of relief through arbitration; OR

c. regardless of whether you are an EEA or a non-EEA Claimant, any other judicial proceedings which by law is not subject to arbitration.

13.4 Other dispute resolution alternatives

In the event your local law prohibits arbitration, you may submit a motion for the extrajudicial handling of your dispute to the designated authority for extrajudicial handling of the consumer disputes, which is the Czech Trade Inspection Authority (www.coi.cz).

Disputes arising from contracts on service provision concluded online between a consumer with residency in the European Union and a trader established in the European Union can also be resolved using the online dispute resolution platform at https://ec.europa.eu/consumers/odr .

Alternatively, should either of you and NKL Associates not wish to pursue arbitration, you agree, to the fullest extent permitted by the applicable law, that either of you may commence proceedings before the Czech general courts, which shall have exclusive jurisdiction over disputes in which at least one of the parties to the dispute is a consumer, unless mandatory statutory consumer protection regulations in your country provide as a further alternative that a dispute or controversy arising out of, relating to, or in connection with these Terms of Service be handled by the court of the jurisdiction where you reside or are domiciled. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence or domicile contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Czech law or of Czech courts. Should an election be made in favour of the Czech or other national courts, arbitration will no longer be available under Section 13 of these Terms of Service.

Section 13 of these Terms of Service will survive the termination of your relationship with NKL Associates.

14. Governing Law

You agree that the Website, the Terms of Service, your relationship with us, NKL Associates’ Services and any claims or disputes arising out of, relating in any manner to or in connection with the Website, the Terms of Service, your relationship with us, or NKL Associates’ Services, including but not limited to your use of the Website and information provided via the Website, shall be governed by the laws of the Czech Republic, except for the laws of the Czech Republic that govern conflict- or choice-of-law. The substantive law of the Czech Republic shall control, to the fullest extent permitted by law. The laws of the Czech Republic shall also govern any matters relating to the arbitration agreement between you and NKL Associates, including that arbitration agreement’s validity, scope and interpretation.

15. Separation of Terms

Each of the paragraphs of these Terms of Service operates separately. If any part of these Terms of Service is deemed invalid or unenforceable by a court or arbitrator of competent jurisdiction, the invalidity of any such provision shall not affect the validity of any of the remaining provisions of these Terms of Service, which still apply and are binding.
Any unenforceable term will be substituted with a term that comes as close to the unlawful or unenforceable term as possible.

16. General

These Terms of Service, the privacy policy, the rules as written on the upload form, and any other legal notices published on the Website, shall constitute the entire agreement between you and NKL Associates. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such Term or any other Term, and NKL Associates' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of any such right or provision.

We may amend, and reserve the right to amend, these Terms of Service at any time and for any reason by posting updated Terms of Service on our Website. We will notify you of major changes made to these Terms of Service, such as those relating to the characteristics of the service provided, or when we modify the rules on information that is permitted on the Website, or other such changes which could directly impact your ability to make use of the Website. You are advised to periodically review the most up-to-date version of our Terms of Service, so that you are aware of any changes. Once we make new Terms of Service available, any changes become effective immediately and by using the Website, you agree to the Terms of Service as amended. By continuing to use our Website and services after the changes take effect, you agree to be bound by the revised policy.

Summary of Recent Changes

We've made some edits to streamline these Terms of Service.
We have made some adjustments to these Terms of Service to comply with the requirements of the Regulation Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act)

Effective February 17, 2024

Last Amended February 17, 2024