General Terms and Conditions

These terms govern the use of the platform xhorn.ch. Please read them in full before opening an account or placing a listing.

1. Operator and scope

1.1 These General Terms and Conditions and Terms of Use (hereinafter the “Terms”) govern the use of the platform xhorn.ch (hereinafter the “Platform”).

1.2 The Platform is operated by:

Patrick Stern
Zürichstrasse 5
6004 Luzern
Switzerland

(hereinafter the “Operator”)

1.3 These Terms apply to all persons who use the Platform (hereinafter the “User”). For visitors without an account, section 3 (minimum age), section 9 (contact between Users), section 10 (prohibited content and actions), section 11 (reporting, review and removal of content) and section 15 (liability) apply. The remaining provisions apply to registered Users and are accepted upon registration, which requires express consent to these Terms.

1.4 The Advertisement Rules published on the Platform and the Privacy Policy also apply. They form an integral part of these Terms. In the event of conflicts, the Advertisement Rules take precedence over these Terms with regard to the permitted content of listings.

1.5 Deviating, conflicting or supplementary terms of the User do not become part of the contract, unless the Operator expressly agrees to their application in writing.

2. Purpose of the Platform and role of the Operator

2.1 The Platform is an online marketplace on which Users can publish and view listings on their own responsibility. It includes in particular erotic listings, entries for clubs and establishments, real estate listings for the rental of premises and time-limited posts (“Stories”). There is no internal messaging system; contact is made directly via the contact channels stated in the listing (section 9).

2.2 The Operator does not arrange or sell sexual services and does not process any payments for them. Fees are charged exclusively for the visibility of listings on the Platform (sections 12 and 13).

2.3 The Operator is neither a provider, nor an intermediary, nor a recipient of the services described in the listings. It does not act in any way as a party, representative, agent, broker or messenger of the Users.

2.4 The content of listings and Stories originates from the respective Users. The Operator does not adopt this content as its own. No systematic content review takes place before publication; there is no obligation to review content in advance or to generally monitor all content on an ongoing basis, and none is assumed.

2.5 The Operator may also publish its own editorial content, in particular directory entries for clubs and establishments as well as advertising space. The Operator is responsible for such content.

2.6 Only a contract for the use of the Platform is concluded between the Operator and the Users. Legal transactions, arrangements, agreements and any contact between Users are concluded exclusively between those Users. The Operator does not become a contracting party and gives no guarantee as to the conclusion, content, performance or lawfulness of such legal relationships.

2.7 The Operator does not owe any particular result. In particular, it does not owe any specific number of views, contact enquiries, responses or business transactions.

3. Minimum age

3.1 The Platform contains adult content. Its use is permitted exclusively to persons who have reached the age of 18. This applies to access to the Platform, to registration and to the publication of content.

3.2 By accepting these Terms upon registration, the User expressly and legally bindingly confirms that they have reached the age of 18.

3.3 It is strictly prohibited:

• to create a listing or a Story for a minor or with the involvement of a minor;
• to upload image, audio or video material that shows minors;
• to publish content that gives the impression that a minor is being depicted or offered, including corresponding hints, age statements, wording or forms of presentation;
• to give or facilitate access to the Platform for a minor.

3.4 The age stated in a listing is a self-declaration by the User. The Operator does not check it for accuracy and does not guarantee its accuracy to third parties.

3.5 The Operator may at any time and without giving reasons request proof of age and identity. If such proof is not provided within the set deadline, the account is blocked and all content is removed.

3.6 The Operator provides a voluntary and free verification function (section 4.6). Completed verification does not constitute a guarantee by the Operator towards third parties of a User's identity, age or statements.

3.7 Upon any suspicion of the involvement of minors, the Operator blocks the content and account concerned without delay and, where there are indications of a criminal offence, files a report with the competent law enforcement authorities.

3.8 If it turns out that a User had not reached the age of 18 at the time of registration or when publishing content, the account is deleted and all content is removed. There is no entitlement to a refund of fees paid or of unused credit. The Operator secures the data required for clarification and makes it available to the competent authorities.

4. Registration and user account

4.1 Registration is required for publishing content, saving favourites and purchasing credit. Viewing listings, contacting providers and reporting content are possible without an account. There is no entitlement to registration.

4.2 Registration is made with name, email address and password. The User must provide truthful, complete and up-to-date information and keep it up to date on an ongoing basis. The email address provided must be confirmed via the link sent; without confirmation, the range of functions remains restricted.

4.3 When a first listing is created, the account assumes the role of a provider. Additional details can be stored in the process, in particular company name, description, telephone number, contact email, website, address and opening hours. These details are displayed publicly to the extent that the User provides them.

4.4 The user account is personal and not transferable. The User must keep their access data secret and protect it from access by third parties. The User is responsible for all actions carried out via their account, unless they prove that they are not responsible for the misuse and informed the Operator without delay. Suspected misuse must be reported without delay to support@xhorn.ch.

4.5 In principle, one account per person is permitted. Businesses under section 6 maintain one account per business. Circumventing a block by creating a new account is prohibited.

4.6 Users can voluntarily and free of charge submit a photo for identity verification. The review is carried out manually. Upon approval, the account is marked with a verification badge. The submitted photo is not published. In the event of rejection, the Operator states the reason; a new submission is possible. There is no entitlement to verification.

4.7 At the express request of a User, the Operator may create a listing in the User's name as part of support. The User remains responsible for its content under section 5.

5. Listings: obligations and assurances of the User

5.1 The User is solely and unrestrictedly responsible for the content of their listings. They decide on their own responsibility which details, texts, images, videos and contact data they publish.

5.2 By publishing a listing, the User gives the following binding assurances:

1. that they have reached the age of 18;
2. that they have full legal capacity;
3. that they act voluntarily, decide themselves on the nature, place, time and scope of their activity and can end it at any time without disadvantage, and that in particular they are not acting under coercion, threat, deception, debt bondage, withholding of identity documents or exploitation of a situation of hardship;
4. that all information is truthful and not misleading, including the age statement and the price information;
5. that they hold all rights to the uploaded content, in particular copyright, trademark and personality rights, and that all persons depicted are of legal age and have expressly consented to the publication;
6. that they are entitled to dispose of the telephone number and the contact channels stated;
7. that they comply with all legal and official provisions applicable to them, in particular cantonal notification, registration and licensing obligations, provisions of aliens law and tax and social insurance obligations;
8. that the publication of the listing and the activity described in it are permitted under the law applicable at the place where it is carried out.

5.3 The User acknowledges that listings are public and can be viewed without logging in, and can be captured by search engines and redistributed in caches, archives or on third-party sites. They publish content with knowledge of this fact and make the decision on disclosing images, videos, contact data and address details on their own responsibility.

5.4 The Operator may set the number, duration, scope and presentation of listings and may issue technical requirements for file formats and file sizes. Expired listings are marked as expired and are no longer displayed; they can be reactivated against credit.

5.5 The User confirms that they publish listings in a professional or commercial capacity and are not acting as a consumer within the meaning of Swiss law.

6. Listings for third parties: agencies, salons and studios

6.1 Agencies, salons, studios and comparable businesses (hereinafter the “Businesses”) may publish listings for persons who work for them, provided they comply with the following conditions.

6.2 The Business registers an account in the name of the Business and names a natural person as the responsible contact person, with name and direct means of contact.

6.3 For each person for whom it publishes a listing, the Business gives the following binding assurances:

1. that the person has reached the age of 18 and the Business has verified this by means of an official identity document;
2. that the person has expressly and demonstrably consented to the publication of the listing and of the images and videos used;
3. that the person works voluntarily, can end their activity at any time without disadvantage and is neither under coercion, threat, debt bondage, withholding of identity documents nor exploitation of a situation of hardship;
4. that the person is reachable and has been informed of the publication themselves;
5. that the Business holds all cantonal and municipal licences required for its activity.

6.4 The Business must document the consents under section 6.3 and prove them to the Operator on request within five working days. If it fails to do so, the listings concerned are removed and the account is blocked.

6.5 Any person for whom a listing has been published can request its deletion directly from the Operator at any time, without involving the Business, without giving a reason and without proof of an agreement with the Business. The Operator removes the listing without delay. A different arrangement between the Business and the person concerned is disregarded as against the Operator. Deletion requests are to be addressed to support@xhorn.ch.

6.6 The Business is liable to the Operator for the accuracy of its assurances under section 6.3 and indemnifies it in accordance with section 14.

7. Real estate listings

7.1 In the real estate category, premises can be offered for rent that are to be used for carrying out an independent erotic service.

7.2 Anyone who publishes a real estate listing gives the following binding assurances in addition to section 5.2:

1. that they hold the necessary rights to the property, in particular as owner or with express permission to sublet;
2. that the intended use at the location is permitted under zoning, building and tenancy law;
3. that all cantonal and municipal licensing, notification and registration obligations for the operation of such premises have been fulfilled;
4. that the rent is in reasonable proportion to the property and is not tied to the turnover, the number or the type of activities of the tenant;
5. that the tenant remains free in how they organise their activity, in particular with regard to prices, clientele, working hours and the type of services offered, and can end the tenancy without unreasonable commitment;
6. that there is no obligation to purchase further services, to pay brokerage shares or to take out loans.

7.3 Listings that suggest a dependency of the tenant party, turnover-based fees, excessive rents or a restriction of self-determination are removed. Where there are indications of a criminal act, the Operator files a report.

7.4 The Operator is not involved in tenancies, does not check the property, the rent or the licences and gives no guarantee as to their existence or lawfulness.

8. Club entries and Stories

8.1 Entries in the clubs category are managed by the Operator. Businesses can apply for the inclusion, amendment or deletion of their entry; there is no entitlement to inclusion. The respective Business is responsible for the accuracy of the information submitted.

8.2 Providers can publish time-limited posts (“Stories”) with an image or video. Stories are removed automatically after 24 hours. Sections 5.2 and 10 apply to their content by analogy.

8.3 The Operator may remove Stories without prior notice. There is no entitlement to restoration or to compensation for the unused display period, provided the removal is based on a violation.

9. Contact between Users

9.1 The Platform does not have an internal messaging system. Providers are contacted directly via the contact channels stated in the listing, in particular telephone, SMS, WhatsApp, Telegram or website.

9.2 The WhatsApp and Telegram buttons open the respective service with a prepared message. Further communication takes place outside the Platform; the terms of the respective service apply. The Operator has no access to this communication.

9.3 The Operator is not involved in communication between Users. It assumes no responsibility for the content, accuracy, lawfulness or consequences of this communication and gives no guarantee that the stated contact channels can be reached.

9.4 Contact details from listings may only be used to make contact in connection with the respective listing. In particular, it is prohibited to use them for harassment, coercion, threats, unsolicited advertising, mass messages or fraud and phishing attempts. In all other respects, sections 10.2 and 10.3 apply.

10. Prohibited content and actions

10.1 The following in particular are prohibited: content and actions that:

1. concern, depict or even merely suggest minors (section 3);
2. indicate human trafficking, forced prostitution, exploitation or the exploitation of a situation of hardship;
3. depict third parties without their consent or contain their contact data;
4. promote or glorify violence, coercion, threats, discrimination or hatred;
5. have sexual acts with animals or non-consensual acts as their subject matter;
6. infringe copyright, trademark or personality rights of third parties;
7. violate cantonal provisions on the place, time or manner of carrying out the activity;
8. aim at or prepare fraud, blackmail, money laundering or other criminal acts;
9. contain malware, phishing links or automated mass requests;
10. impair the technical infrastructure of the Platform, for example through scraping, automated access, circumvention of security measures or attempts at overloading.

10.2 Users must not harass, coerce, threaten or expose other Users, or use, publish or pass on their data outside the Platform to third parties.

10.3 The systematic extraction of content from the Platform, in particular images and contact details, and its transfer to other directories or platforms is prohibited.

11. Reporting, review and removal of content

11.1 Listings, provider profiles, Users and Stories can be reported via the reporting function or to support@xhorn.ch, in particular because of inappropriate content, suspected fraud or spam.

11.2 A report does not require a user account. Anyone who is depicted in a published image or video and has not consented to its publication can request its removal without registration and without giving a reason; the Operator removes the content without delay and reviews it afterwards. The listing owner concerned is informed of the removal and its reason and can object within 30 days; in this case, the Operator may require proof from the reporting person that they are affected. The Operator may reject obviously abusive reports, in particular serial reports without a recognisable connection to the reporting person, without removing the content.

11.3 The Operator reviews incoming reports after receipt with appropriate speed. In the case of reports relating to minors, human trafficking or coercion, the review is carried out without delay and with priority.

11.4 The Operator is entitled to block or remove content without prior notice and to block or delete accounts if:

1. a violation of these Terms or the Advertisement Rules exists or is seriously suspected;
2. a violation of applicable law exists or is seriously suspected;
3. a substantiated report from a third party or an authority exists;
4. a requested proof of age or identity is not provided;
5. it appears necessary to avert harm to the Operator, to Users or to third parties.

11.5 In cases of suspicion, the Operator may contact the User concerned and ask for clarification. In the case of serious suspicion, the block takes place immediately and without prior contact.

11.6 The Operator informs the User of a block or deletion and states the reason, insofar as this is legally permissible and does not jeopardise the review or official proceedings. The User can contest the measure within 30 days at support@xhorn.ch; the Operator reviews it once.

11.7 There is no entitlement to publication or to the restoration of removed content. If a measure proves to be unfounded, the Operator credits back the credit used for the period concerned on a pro rata basis or extends the duration accordingly. In the case of a measure due to a violation by the User, there is no entitlement to a credit or refund.

11.8 Where there are indications of criminal offences, the Operator files a report and discloses data to law enforcement and other competent authorities, insofar as it is obliged or entitled to do so.

12. Credit, prices and payment

12.1 Services subject to a charge are billed via a credit system. The User purchases credit and then uses it for the duration of listings and for highlighting.

12.2 The prices, durations and credit amounts required for individual services in force at the time result from the price overview on the Platform at the time of purchase. Prices are in Swiss francs. The Operator is not subject to value added tax, which is why no value added tax is charged or shown.

12.3 The purchase contract for credit is concluded upon confirmation of the order. Payment is processed via an external payment service provider; its terms apply additionally. Payment method details are not stored with the Operator.

12.4 Credit is credited to the account after receipt of payment. The User can access their credit movements and receipts in the account at any time.

12.5 Credit is not legal tender, is not transferable, does not bear interest and cannot be converted into cash. It can be used exclusively for services of the Platform.

12.6 When credit is used for a service, its provision begins immediately. The User expressly consents to immediate performance. A reversal is no longer possible once published.

12.7 Credit purchased does not expire. If the user relationship ends through no fault of the User or if the Operator discontinues the Platform permanently, the Operator refunds unused credit on request at the purchase price. In the event of termination due to a violation by the User under section 11.4, unused credit lapses without compensation.

12.8 The Operator may change prices and credit amounts for future purchases. Credit already purchased remains usable under the conditions applicable at the time of purchase. Changes are announced in advance.

12.9 In the event of a chargeback or a payment default, the Operator may debit the corresponding credit back, block the content concerned and block the account until the matter is clarified. The User bears the costs attributable to them of an unjustified chargeback.

13. Advertising and highlighting

13.1 Providers can have their listings highlighted for a limited time against credit, in particular as a top listing on the home page. The Operator determines the number, duration and presentation of the slots.

13.2 Highlights are allocated subject to availability. A specific position, order, display frequency or visibility duration is not guaranteed, unless it is expressly part of the package booked.

13.3 Advertising banners are agreed separately. The Operator may reject or remove advertising content without giving reasons, in particular if it violates section 10 or harms the reputation of the Platform.

13.4 In the event of a technical failure of a booked highlight, the Operator extends the duration by the duration of the failure or credits the corresponding credit on a pro rata basis. No further claims exist.

14. Indemnification

14.1 The User fully indemnifies the Operator against all claims of third parties arising from the content they publish, from their use of the Platform or from a violation of these Terms, the Advertisement Rules or statutory provisions.

14.2 The indemnification includes in particular claims for damages, claims for satisfaction, fines, costs imposed by authorities, court and party costs and reasonable legal fees for defending against such claims.

14.3 The User supports the Operator in defending against such claims to the best of their ability and provides it without delay with all information and documents required for the defence.

14.4 The Operator informs the User of claims asserted, insofar as this is legally permissible and actually possible, and does not enter into a settlement without prior consultation with the User, provided the User can be reached.

15. Liability of the Operator

15.1 To the extent permitted by law, the Operator is liable exclusively for damage that it has caused intentionally or through gross negligence. Liability for slight negligence is excluded to the extent permitted by law.

15.2 Liability for auxiliary persons within the meaning of Art. 101 para. 2 CO (in particular employees, subcontractors and the hosting, infrastructure and payment service providers involved) is excluded in full to the extent permitted by law.

15.3 To the extent permitted by law, the Operator is in particular not liable for:

1. content, information, images, videos and assurances of the Users and their accuracy, currency, completeness and lawfulness;
2. identity, age, legal capacity, reputability, reliability or intentions of Users;
3. content and consequences of communication between Users, in particular by telephone, SMS, WhatsApp, Telegram or other third-party services;
4. agreements, contacts, meetings, rental and other legal transactions between Users and their consequences;
5. condition, lawfulness, licensing status and rental conditions of properties under section 7;
6. actions or omissions of Users or third parties within and outside the Platform;
7. assurances of a Business under section 6.3 and its relationship with the persons working for it;
8. information in club entries, insofar as it is based on information from the respective Business;
9. the distribution, reproduction, archiving or further use of published content by search engines, third parties or other platforms;
10. indirect damage, consequential damage, loss of profit, loss of data and reputational damage;
11. interruptions, disruptions, delays, data losses or security incidents attributable to causes outside the Operator's sphere of influence, in particular failures of hosting, payment and network infrastructure, attacks by third parties, force majeure or official orders.

15.4 Expressly reserved are liability for intent and gross negligence (Art. 100 para. 1 CO), liability for personal injury, that is, for damage to life, body and health, and mandatory statutory liability provisions. An exclusion or limitation of liability in these areas is not intended and is not agreed.

15.5 Subject to section 15.4, the Operator's liability is limited to direct damage, but at most to the higher of the following two amounts: the amount paid by the User for services of the Platform in the twelve months before the damaging event, or CHF 500.

16. Availability and warranty

16.1 The Operator endeavours to ensure operation that is as free of disruption as possible, but does not owe any specific availability.

16.2 Maintenance work, technical adjustments, further developments and disruptions may lead to temporary interruptions. The Operator announces plannable interruptions where possible.

16.3 The Operator is entitled to change, restrict, extend or discontinue functions at any time and to discontinue the operation of the Platform in whole or in part. There is no entitlement to the continued existence of individual functions. In the event of permanent discontinuation, section 12.7 applies.

16.4 The Platform is provided in the state in which it is available at any given time. The Operator does not assure any particular characteristics and, to the extent permitted by law, gives no warranty for the suitability of the Platform for a particular purpose, for the freedom from errors of the software, for the completeness or currency of the content displayed or for the findability of individual listings in search engines or in the Platform's internal search. Section 15.4 remains reserved.

16.5 The User is responsible for keeping copies of the content they have uploaded. The Operator does not owe any data backup for the benefit of the User.

17. Rights of use in content

17.1 The User remains the holder of the rights to the content they have uploaded.

17.2 The User grants the Operator the geographically unlimited, non-exclusive and royalty-free right to store the uploaded content, to process it technically (in particular scaling, compression, format conversion and the addition of a watermark), to reproduce it and to make it publicly accessible in the context of operating the Platform. This right ends with the deletion of the content, subject to technically caused delays, backup copies and statutory retention obligations.

17.3 The content is only used for the Operator's advertising outside the Platform with the User's separate consent.

17.4 All rights in the Platform itself, in particular in software, design, database and marks, remain with the Operator.

18. Term and termination

18.1 The user relationship is concluded for an indefinite period.

18.2 The User can terminate the user relationship at any time and without giving reasons, in particular by deleting the account themselves in the account settings (with confirmation by their password). The account is blocked immediately in the process and its content is hidden from the public; the Operator then carries out the final deletion of all data. The User can also address their deletion request to support@xhorn.ch.

18.3 The Operator can terminate the user relationship at any time with 14 days' notice and can terminate it without notice where there is good cause, in particular in the event of a violation under section 10 or section 11.4.

18.4 After termination, content is removed and the account and the associated files are deleted. The Operator is entitled and, where required by law, obliged to continue to retain certain data, in particular accounting data. Details are set out in the Privacy Policy.

18.5 Section 12.7 applies to unused credit.

19. Data protection

The processing of personal data is governed by the Privacy Policy. The User acknowledges in particular that listings are publicly accessible and that the information they publish may constitute sensitive personal data within the meaning of Art. 5 let. c FADP.

20. Changes to the Terms

20.1 The Operator may amend these Terms if this is prompted by a change in the legal situation, in case law, in the technical circumstances or in the scope of services. Registered Users are informed of material changes by email at least 30 days before they take effect.

20.2 If the User does not object within the period under section 20.1 or continues to use the Platform after the changes take effect, the amended Terms are deemed accepted. This effect, the right to object and the right of termination under section 20.3 are expressly and prominently pointed out in the notification.

20.3 In the event of an objection, either party can terminate the user relationship as of the time the change takes effect. Unused credit is refunded at the purchase price in this case.

20.4 Changes affecting the material content of the contract, in particular the introduction of a fee for services previously provided free of charge, require the express consent of the User.

21. Final provisions

21.1 Severability. Should a provision of these Terms be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected. In place of the invalid provision, the permissible arrangement that comes closest to the economic purpose of the invalid provision applies. In particular, a limitation of liability that goes beyond what is legally permissible is to be reduced to the permissible extent and is not invalid as a whole.

21.2 Assignment. The Operator is entitled to transfer its rights and obligations under this contractual relationship in whole or in part to a third party; it informs the Users in advance, and they can terminate the user relationship as of the time of the transfer. The User requires the prior written consent of the Operator for a transfer.

21.3 Governing law. Swiss law applies exclusively, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.

21.4 Place of jurisdiction. The exclusive place of jurisdiction is Lucerne, Switzerland. Mandatory statutory places of jurisdiction, in particular in favour of consumers, remain reserved.

21.5 Governing language version. These Terms are published in several languages. The translations serve solely to aid understanding. In the event of discrepancies or questions of interpretation, only the German version is authoritative.