The following Terms & Conditions are the only binding conditions in this contract between Online Marketing Solutions AG ("Operator") and the client ("Advertiser").
- "TransGuide" is an online platform focussing on transsexuals. It is intended for an adult audience only that is 18 years or older. The advertiser is obligated to offer its services only to persons that are 18 years or older.
- By placing ads or booking promotional actions the parties enter a service contract. OMS is obligated to publish ads and promotions during the booked period on the appropriate country site of "TransGuide".
- The advertiser is obligated to make truthful descriptions about the offered services and to fulfill them accordingly by respecting current laws.
- It's not allowed to create more than one account per advertiser.
- Personal information about the advertiser is kept confidential and will not be shared with third parties nor published.
- The advertiser is responsible to posses the necessary copyrights of pictures used in advertisments. By publishing advertisements, OMS does not make any text or pictures its own. OMS has the right to block or delete pictures in case of an obvious copyright infringement. Any copyright claims from third parties including all connected costs are at the expense of the advertiser.
- There is no entitlement to have ads, banners or other marketing material to appear on a certain position on the "TransGuide" platform except when it's part of an offering.
- Ads must have a focus on transsexuality, must not be insulting and shall not contain illegal content or offerings that violate local laws. OMS reserves the right to decline ads without further explanation.
- By buying advertising points, the advertiser buys the right to use the respective amount for placing advertisments and booking promotions or using services. It is no cash balance and therefore cannot be paid back. There is also no reimbursement in case the advertiser decides to terminate a promotion, cancel an ad or no longer offer his/her services.
- To charge the business account it is only allowed to use a means of payment that belongs to the advertiser.
- In case of violation of these terms, OMS reserves the right to immediately terminate advertisments or promotions without refund or in severe cases, suspend a Business Account.
- Aside from the technical facts of the internet we cannot guarantee one hundred percent availability of this service although we make every effort to keep the service available at any time. Any warranty or liabilty in this connection is - as far as legally permissible - waived. Any refund-claims are therefore excluded.
- This contract is subject to Swiss law. Place of jurisdiction is Zürich, Switzerland.