Effective as of January 1, 2024

6direct is an erotic portal in Switzerland for the publication of advertisements and other advertising (hereinafter the “Portal”). The operator of the platform is the Swiss company Ads Marketing GmbH (hereinafter the “Operator”). These General Terms and Conditions (GTC) regulate the rights and obligations of both the operator and the portal users (hereinafter referred to as “users”). Supplementary or additional conditions and other legal documents may apply to individual or additional functions and services. Information on data protection can be found in the privacy policy.

1. Functions and Services of 6direct.ch

1. The portal is aimed at users who wish to enter and publish advertisements and other advertising (hereinafter collectively referred to as “advertisements”) for services that they offer and provide independently and independently of the portal (hereinafter collectively referred to as “services”) (hereinafter collectively referred to as “advertisers”). On the other hand, the portal is aimed at users who visit the portal in order to access advertisements for services and to contact advertisers (hereinafter collectively referred to as “visitors”).
2. The operator makes the portal available to users on request. The operator can offer functions and services on the portal free of charge or for a fee. The current range of functions and services as well as any fees and other costs can be seen in the form of price lists and other information on the portal. The operator is entitled to adjust the functions and services offered as well as any fees and other costs at any time. The operator can enable users to purchase credits and otherwise have credit available in order to pay for functions and services that are subject to a fee.
3. The operator is entitled to send users messages by email, instant messaging, SMS, and other communication channels. Such messages may also contain advertising. Users can opt out of receiving messages containing advertising in the future for each message received (“opt-out”).
4. The users, i.e., advertisers and visitors, communicate directly and under their own responsibility, in particular via published contact addresses. The users conclude any contracts in connection with services under their own responsibility. Any contracts between users and any pre-contractual exchanges are solely binding on the users involved. Contract fulfillment is the sole responsibility of the users involved. Details, notifications, and other content on the portal serve solely to inform the users concerned.
5. The operator is neither a contracting party nor a representative of users in connection with services. The operator assumes no liability for users complying with any contractual or other legal obligations that may exist between them. The processing and/or enforcement of contracts is the sole responsibility of the users involved.
6. The operator is not obliged to monitor the behavior of users on the portal. In particular, the operator is not obliged to check advertisements and other content from users for their legality or other admissibility as a precautionary measure. The operator assumes no liability for advertisements or other content from users. In case of doubt, users are obliged to check advertisements and other content from other users themselves.

2. Use of 6direct.ch

1. Use of the portal is restricted to natural and legal persons who have full legal capacity. Natural persons who use the portal must be of legal age, i.e., 18 years or older.
2. The operator may require mandatory registration as a user for the use of the portal or for the use of individual functions and services. The operator is entitled to refuse registration at any time – even retrospectively – and without giving reasons.
3. Registration with false or fictitious information is prohibited. Only one registration is permitted for each person. The information provided by users must be complete and truthful at all times – even after registration. The operator is entitled – even retrospectively – to check user information or have it checked by third parties and to request additional information from users.
4. Users may only access the portal for their own personal use, including commercial use. Users undertake to use the portal – directly or indirectly – exclusively in accordance with the law in every respect.
5. Registered users undertake to treat their access data to the portal as confidential and to use it exclusively for their own purposes. Users are not entitled to make their access to the portal available to third parties, directly or indirectly, for a fee or free of charge.
6. The operator is entitled to deny users access to the portal at any time and without giving reasons. If access is denied due to a violation of these terms and conditions, any fees and other costs will remain due and no refund will be made for any fees and other costs already paid.
7. Users undertake to meet all obligations to the operator on time and in full at all times. Users undertake in particular to pay any fees and other costs on time. The operator is entitled to make paid functions and services dependent on advance payments. There is no entitlement to a refund of paid fees and other costs.
8. Any fees and other costs are due immediately unless the operator grants a payment deadline. Users who do not pay on time without a reminder are automatically in default. In the event of default, the operator is entitled to charge interest on arrears of 10.0% per year and a fee of CHF 25.00 for each reminder. The operator is entitled to refuse access to the portal to defaulting users and to assign claims against users to third parties or to commission third parties to collect the debt.
9. Use of the portal may be temporarily, partially, or completely unavailable, particularly for technical reasons. The operator assumes no liability for the availability of the portal.

3. Advertisements and Other Content at 6direct.ch

1. By entering advertisements and other content, users declare their consent to publication on the portal and via any other communication or publication channels of the operator. The publication also includes contact addresses so that visitors can make contact. Users grant the operator a non-exclusive, geographically and temporally unlimited, transferable and sublicensable right to use the recorded content, including content protected by trademark and copyright.
2. The operator may refuse to publish advertisements and other content at any time without giving reasons. The operator may enrich advertisements with metadata and is entitled to adapt advertisements at any time at its own discretion and without consultation, in particular to improve appearance, formatting, or readability.
3. The operator is not liable for advertisements that are not published or are published incorrectly. Advertisers are obliged to inform the operator of advertisements that are not published or are published incorrectly so that the operator can take appropriate measures.
4. Advertisers undertake to ensure that advertisements are up-to-date, of high quality, correct, and complete. In particular, advertisements may only refer to services that are actually provided by advertisers. Advertisers bear sole responsibility for all content of advertisements. Advertisements that are no longer up-to-date must be deleted immediately by advertisers.
5. Users undertake to only post advertisements and other content that are legally compliant. Users undertake in particular not to publish any discriminatory, defamatory, racist, harmful, criminal, unfair, or unsafe content. Advertisements and other content that show or otherwise advertise genitals, depictions of violence or human excretions are prohibited. Advertisements and other content that show or otherwise advertise sexual acts with minors – including those that appear to be minors and minors in virtual form – or animals, as well as unprotected sexual intercourse, are prohibited. The operator is entitled at any time to file a criminal complaint or press charges against the users concerned for content that is suspected of being criminal or otherwise unlawful.
6. Users also undertake not to enter any content that contains false, misleading, or inaccurate information or – either directly or indirectly – advertising for comparable operators such as the operator and comparable portals such as the portal. The entry of content related to job placement, gambling, home work, network marketing, staff leasing, pyramid schemes, gift circles, or job advertisements is prohibited. Furthermore, the entry of content that violates intellectual property rights, personal rights, or other rights of third parties is prohibited.

4. Liability

1. The operator is only liable for direct damages caused by its own grossly negligent or intentional actions. Any further liability of the operator for direct damages is expressly and completely excluded. Any liability of the operator for indirect damages and consequential damages, for claims of other users or any third parties, as well as for lost profits is expressly and completely excluded. Any liability for auxiliary persons is excluded.
2. The indemnification also includes claims from other users or any third parties. The users concerned release the operator from all claims from other users and any third parties and undertake to bear all costs – including legal and court costs – and damages incurred by the operator in this connection.

5. Final Provisions

1. Automated access to the portal, for example with bots, scripts or similar means, is prohibited.
2. The operator is entitled to permanently or temporarily stop the portal operation at any time, in whole or in part, without notice and without stating reasons. The operator is entitled to have individual or all rights and obligations arising from these terms and conditions exercised by third parties or to transfer them to third parties.
3. Should a provision of these Terms and Conditions prove to be unfulfillable, invalid, or ineffective, this shall not affect the fulfillability, validity, and effectiveness of the remaining provisions. In this case, the parties undertake to replace the unfulfillable, invalid, or ineffective provision with a fulfillable, valid, or effective provision that comes closest to the original intention of the parties in terms of content and economics. This severability clause does not apply to users who are consumers.
4. The operator is entitled to adapt these terms and conditions at any time and without giving reasons. Users will be informed in an appropriate manner about relevant changes to these terms and conditions.
5. These Terms and Conditions are subject exclusively to Swiss law with the exclusive place of performance and jurisdiction at the operator’s registered office, provided that the users are not consumers. For claims by consumers in disputes arising from consumer contracts, the court at the place of residence or registered office of one of the two parties is responsible and the consumers can in particular invoke the law at their place of residence.