legal/tos

20210416_rev01 · COMPARED WITH 20210213_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20210213_rev01 to 20210416_rev01

1Below are the Terms of Service for xnxx.com, including an agreement governing any disputes (see section 13). Please read our anti-piracy statement here [https://info.xnxx.com/legal/piracy](https://info.xnxx.com/legal/piracy), our repeat copyright infringers policy here at [https://info.xnxx.com/legal/repeat](https://info.xnxx.com/legal/repeat), our protect children from abuse policy here at [https://info.xnxx.com/legal/control](https://info.xnxx.com/legal/control) as well as our privacy notice here at [https://info.xnxx.com/legal/privacynotice](https://info.xnxx.com/legal/privacynotice) and privacy policy here [https://info.xnxx.com/legal/privacy](https://info.xnxx.com/legal/privacy) .
1Below are the Terms of Service for xnxx.com, including an agreement governing any disputes (see section 10). Please read our anti-piracy statement here [https://info.xnxx.com/legal/piracy](https://info.xnxx.com/legal/piracy), our repeat copyright infringers policy here at [https://info.xnxx.com/legal/repeat](https://info.xnxx.com/legal/repeat), our protect children from abuse policy here at [https://info.xnxx.com/legal/control](https://info.xnxx.com/legal/control) as well as our privacy notice here at [https://info.xnxx.com/legal/privacynotice](https://info.xnxx.com/legal/privacynotice) and privacy policy here [https://info.xnxx.com/legal/privacy](https://info.xnxx.com/legal/privacy).
22
33### 1\. Preamble
44
5These 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"), the owner of the website located at [http://www.xnxx.com](http://www.xnxx.com/), regarding your use of the internet website located at [https://www.xnxx.com](https://www.xnxx.com/) (the "Website"). NKL provides the services on its Website subject to the terms and conditions on this page, and by using the Website, you agree to these terms. By accessing and using the Website, you acknowledge that you have read these Terms of Service and have accepted these conditions.
5These 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**"), the owner of the website located at [http://www.xnxx.com](http://www.xnxx.com/), regarding your use of the internet website located at [https://www.xnxx.com](https://www.xnxx.com/) (the "**Website**"). NKL provides the services on its Website subject to the terms and conditions on this page, and by using the Website, you agree to these terms. By accessing and using the Website, you acknowledge that you have read these Terms of Service and have accepted these conditions.
66Please read them very carefully and abide by each and every of them.
77
8When using the Website, you are subject to any posted rules, community guidelines, statements or policies, including our protect children from abuse policy, repeat copyright infringer policy and our privacy notice if you do not have an account, available at [https://info.xnxx.com/legal/privacynotice](https://info.xnxx.com/legal/privacynotice), or privacy policy if you open an account, available at [https://info.xnxx.com/legal/privacy](https://info.xnxx.com/legal/privacy). To the extent possible, such rules, guidelines, statements and policies are hereby incorporated by reference into these Terms of Service. Your agreement to the terms of our privacy policy (located at [https://info.xnxx.com/legal/privacy](https://info.xnxx.com/legal/privacy) is required before you may create an account or access certain services and functionalities as described therein.
8When using the Website, you are subject to any posted rules, community guidelines, statements or policies, including our protect children from abuse policy, repeat copyright infringer policy and our privacy notice if you do not have an account, available at [https://info.xnxx.com/legal/privacynotice](https://info.xnxx.com/legal/privacynotice), or privacy policy if you open an account, available at [https://info.xnxx.com/legal/privacy](https://info.xnxx.com/legal/privacy). To the extent possible, such rules, guidelines, statements and policies are hereby incorporated by reference into these Terms of Service. Your agreement to the terms of our privacy policy (located at [https://info.xnxx.com/legal/privacy](https://info.xnxx.com/legal/privacy)) is required before you may create an account or access certain services and functionalities as described therein.
99
1010Through the Website and under the conditions stipulated in these Terms of Service, NKL allows the users of the Website to watch or submit video or other material and hosting, sharing and/or publishing of such submission. The submissions are shared and provided to other users under the conditions stipulated in these Terms of Service.
1111
1212### 2\. Access
1313
1414By accessing the Website, you certify that:
1515
1616- you are at least 18 years of age or otherwise the age of majority under the laws of your state, province or country; and
17- 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 Services you are warranting to us that you are intentionally and knowingly seeking access to such explicit sexual materials for your own personal viewing; and
17- 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 for your own personal viewing; and
1818- you will use the Website solely for personal and non-commercial purposes; and
1919- you will not download, copy or distribute any part of the Website for any commercial purpose; and
20- you will not alter, delete, add, change or edit any of these Terms of Services, and any such attempted alteration shall be void and of no effect.
20- 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.
2121
2222### 3\. Child sexual abuse or non-consensual sexual acts
2323
24The word "teen" and similar terms are used to describe young adults of age 18 to 20 years. XNXX is committed to protecting children from any form 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 the applicable laws. Similarly, we are committed to protect victims on non-consensual sexual acts. If you believe that any content appearing on the Website depicts any person under the age of 18 or victims of non-consensual sexual acts, please fill out our **ABUSE REPORTING FORM** available at [https://info.xvideos.com/takedown-amateur](https://info.xvideos.com/takedown-amateur). Read about our anti-child sexual abuse policy here at [https://info.xnxx.com/legal/control](https://info.xnxx.com/legal/control).
24The word "teen" and similar terms are used to describe young adults of age 18 to 20 years. XNXX is committed to protecting children from any form 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 the applicable laws. Similarly, we are committed to protect 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 victims of non-consensual sexual acts, please fill out our **ABUSE REPORTING FORM** available at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur). Read about our anti-child sexual abuse policy here at [https://info.xnxx.com/legal/control](https://info.xnxx.com/legal/control).
2525
2626XNXX is rated with RTA label. **Parents**, you can easily block access to this site. Please read [https://www.rtalabel.org/index.php?content=parents/](https://www.rtalabel.org/index.php) for more information.
2727
2828### 4\. Creation of an Account
2929
3030To 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 (i) provide true, accurate, current, and complete information about yourself as prompted by the account registration form (such information being the "**Registration Data**"); and (ii) 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 refuse any and all current or future use of the Website.
3131
3232As part of the registration process, you will select a unique user name and password which you must provide in order 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. We will not release your password for security reasons. You agree to (i) immediately notify us of any unauthorized use of your user name and password or any other breach of security; and (ii) 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 until you notify us by email regarding such unauthorized use. 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.
3333
3434### 5\. Intellectual Property Rights
3535
36Except for user Submissions as defined below, the Website, including without limitation, all content, media and materials, all Website's 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 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 other purposes without the prior written consent of the respective owners.
36Except for user Submissions as defined below, the Website, including without limitation, all content, media and materials, all Website's 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 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 other purposes without the prior written consent of the respective owners.
3737
3838### 6\. User Submissions
3939
4040A. We allow our users to submit video or other material and the hosting, sharing, and/or publishing of 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.
4141In connection with your Submissions, you affirm/warrant that:
4242
5656- 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; and
5757- publish falsehoods or misrepresentations that could damage NKL or any third party; and
5858- submit material that is unlawful, threatening, harassing or hateful, constitutes "revenge porn," or encourages, depicts or constitutes conduct that is a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; and
5959- submit material depicting violence or abuse (actual harm to another living thing, including animals); and
6060- submit material that depicts or promotes incest; and
6161- submit material that depicts or promotes coprophilia, also known as "fecophilia" or "scat"; and
62- 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; and
62- 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; and
6363- 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;
6464- collect or harvest any personally identifiable information, including account names, from the Website; and
6565- solicit, for commercial purposes, any users of the Website with respect to their Submissions; and
6666- post advertisements or solicitations of business; and
6767- impersonate another person.
6868
69C. 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's Contribution. 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. NKL 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 . Repeat copyright infringers will have their user accounts and other access to the Website terminated. Read about our repeat infringers policy here at [https://info.xnxx.com/legal/repeat](https://info.xnxx.com/legal/repeat).
69C. 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's Contribution. 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. NKL 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. Repeat copyright infringers will have their user accounts and other access to the Website terminated. Read about our repeat infringers policy here at [https://info.xnxx.com/legal/repeat](https://info.xnxx.com/legal/repeat).
7070
71If you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your copyright, submit a copyright infringement takedown request available at the following link [https://info.xvideos.com/takedown](https://info.xvideos.com/takedown) with the above form containing the following information:
71If you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your copyright, submit a copyright infringement takedown request available at the following link [https://info.xnxx.com/takedown](https://info.xnxx.com/takedown) with the form containing the following information:
7272
7373- 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
7474- 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
7575- information reasonably sufficient to permit NKL to contact you, such as a physical address, telephone number and email address; and
7676- 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
7777- 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.
7878
7979You 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 DMCA. Where the party against whom you are making your takedown request resides outside the European Economic Area ("**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.
8080
81\[ \] I consent to my personal data being transmitted to the uploader of the material at issue in line with the Privacy Notice (if I do not have an account) and in line with the Privacy Policy (if I have an account).
81I consent to my personal data being transmitted to the uploader of the material at issue in line with the Privacy Notice (if I do not have an account) and in line with the Privacy Policy (if I have an account).
8282
8383#### Copyright Counter-Notification Process
8484
8585When an uploader's video submission has been removed, the Website will notify the uploader of this removal.
8686Pursuant 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's email address from which the user originally received the forwarded takedown request.
8787
9595- A statement that the uploader will accept service of process from the takedown request claimant or an agent of such person.
9696
9797Counter-notifications that do not satisfy all of these elements are ineffective and may not be considered by the Website.
9898
9999Please 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 addressees 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 European Economic Area ("**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.
100100
101\[ \] I consent to my personal data being transmitted to the takedown request claimant in line with the Privacy Notice (if I do not have an account) and in line with the Privacy Policy (if I have an account).
101I consent to my personal data being transmitted to the takedown request claimant in line with the Privacy Notice (if I do not have an account) and in line with the Privacy Policy (if I have an account).
102102
103103That 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.
104104
105For non-copyright related complaints, such as to report child sexual abuse material, non-consensual sexual acts , privacy, abuse, harassment, or other inappropriate or illegal content, please use the form at [https://info.xvideos.com/takedown-amateur](https://info.xvideos.com/takedown-amateur).
105For non-copyright related complaints, such as to report child sexual abuse material, non-consensual sexual acts, privacy, abuse, harassment, or other inappropriate or illegal content, please use the form at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur).
106106
107107D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that NKL 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 with respect thereto, except in the cases strictly defined by applicable law, and agree to indemnify and hold NKL and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your faulty use of the Website.
108108
109109### 7\. Warranty Disclaimer
110110
111111YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.
150150
151151IN ALL CASES, NKL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
152152
153153### 9\. Notices to XNXX
154154
155155General inquiries regarding the Website and services provided by NKL may be made by using this online form available at [https://info.xnxx.com/contact](https://info.xnxx.com/contact).
156NKL respects the intellectual property rights of third parties. If you wish to send a copyright infringement request, please use our procedures and submit a copyright infringement takedown request with this form available at [https://info.xvideos.com/takedown](https://info.xvideos.com/takedown). Failure to use NKL's online form for alleged copyright violations may delay or prevent our review and/or removal of any such materials.
156NKL respects the intellectual property rights of third parties. If you wish to send a copyright infringement request, please use our procedures and submit a copyright infringement takedown request with this form available at [https://info.xnxx.com/takedown](https://info.xnxx.com/takedown). Failure to use NKL's online form for alleged copyright violations may delay or prevent our review and/or removal of any such materials.
157157
158Contact for other content-related issues, such as reporting inappropriate content can be made here at [https://info.xvideos.com/takedown-amateur](https://info.xvideos.com/takedown-amateur).
158Contact for other content-related issues, such as reporting inappropriate content can be made here at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur).
159159
160160It is important to use the right form or contact method, as failing to do so could slow down your request or even cause it to be left unnoticed or unprocessed.
161161
162162### 10\. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION
163163
164164You agree that the Terms of Service, your use of the Website, as well as any claim relating to, arising out of, or in connection with the Terms of Service and your use of the Website, shall be governed by the laws of the Czech Republic, without regard to conflict of law provisions. If you are a consumer and usually reside in a Member State of the European Union, the laws of that member state will apply to the Terms of Service, to your use of the Website, as well as to any complaint relating to the Terms of Service and your use of the Website, or any claim arising from or related to it.
166166If you are a consumer and usually reside in a member state of the European Union, disputes may be brought at the consumer's choice before the competent courts of the member state of the European Union in which he resides.
167167
168168Similarly, to the extent you are a consumer and the applicable local laws of your country, state, or other place of residence prevent certain disputes from being resolved pursuant to the provisions of these Terms of Service, then you can file those disputes in your local courts and these disputes will be governed by the applicable local laws of your country, state, or other place of residence.
169169
170170You further agree that you shall endeavor to resolve any and all claims relating to, arising out of, or in connection with the Terms of Service or your use of the Website by engaging in amicable consultations with NKL for no less than thirty (30) calendar days. Those amicable consultations shall commence upon NKL's receipt of a notice of dispute containing sufficient information to identify you and the basis of your claim. The notice of dispute must be sent by registered mail to the registered address of NKL: NKL Associates s.r.o., Krakovska 1366/25, 110 00 Prague, Czech Republic.
171171
172a) If the dispute cannot be resolved by amicable consultations and you are not a consumer, it shall be submitted by either party to the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic ("Arbitration Court"), except for disputes in which the Czech state courts have exclusive jurisdiction under Czech law. Arbitral disputes shall be resolved by a panel of three arbitrators in accordance with the Arbitration Rules of the Arbitration Court in effect at the time the notice of dispute was received by NKL. The resulting arbitral award shall be final 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 English.
172a) If the dispute cannot be resolved by amicable consultations and you are not a consumer, it shall be submitted by either party to the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic ("**Arbitration Court**"), except for disputes in which the Czech state courts have exclusive jurisdiction under Czech law. Arbitral disputes shall be resolved by a panel of three arbitrators in accordance with the Arbitration Rules of the Arbitration Court in effect at the time the notice of dispute was received by NKL. The resulting arbitral award shall be final 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 English.
173173
174174b) if the dispute cannot be resolved by amicable consultation and you are a consumer, i.e. any person who enters into a contract with NKL outside his business or outside his independent occupation or deal with him in a different way, you may submit the motion for the extrajudicial handling of such dispute to the designated authority for extrajudicial handling of the consumer disputes, which is Czech Trade Inspection Authority (www.coi.cz).
175175
176176The online dispute resolution platform at [http://ec.europa.eu/consumers/odr](http://ec.europa.eu/consumers/odr) can be used to resolve disputes arising from contracts on service provision concluded on-line between a consumer with residency in the European Union and a trader established in the European Union.
177177
178The disputes in which at least one of the party to the dispute is a consumer, shall be submitted to the Czech general courts, which have an exclusive jurisdiction under the Czech law.
178The disputes in which at least one of the party to the dispute is a consumer, shall be submitted to the Czech general courts, which under the Czech law.
179179
180180The parties hereto each acknowledges and agrees that it is his, her or its intent that arbitration and litigation between the parties will be of the parties' individual claims, and that no respective claims may be arbitrated or litigated on a class-wide basis. If you are a consumer and usually reside in a member state of the European Union, disputes may be brought at the consumer's choice before the competent courts of the member state of the European Union in which you reside.
181181
182182### 11\. General
183183
184184These 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. If any provision of these Terms of Service is deemed invalid by a court or arbitrator of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect, except as otherwise provided by applicable law. 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's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.