Terms and conditions

1. Definitions

• Platform: the website Noirnights.nl and all associated services, operated by the operator of Noirnights.nl ("we").
• Advertiser: the user (independent or business) who posts one or more profiles on the Platform via an account.
• Visitor: any other user of the Platform, with or without a visitor account.
• Profile: a listing by an Advertiser, including texts, photos, videos, rates and availability.
• Credits: the balance on an account with which promotional services of the Platform are purchased.
• Promotion: a paid service that increases the visibility of a Profile (such as Bump, Featured or Top position).

2. Applicability and changes

2.1. These terms apply to every use of the Platform. When an account is created we ask for explicit agreement; without that agreement the account cannot be used.

2.2. We may change these terms. In the event of a material change we inform account holders at least 14 days before the new version takes effect and ask for agreement again the next time they log in. Anyone who does not agree can close their account; until then the previous version continues to apply.

2.3. If a provision proves to be void or voidable, the other provisions remain in force and the provision concerned is replaced by a valid provision that comes as close as possible to its intent.

3. The role of the Platform

3.1. The Platform is solely an advertising platform. We offer Advertisers the opportunity to publish a Profile and Visitors the opportunity to view those Profiles and contact the Advertiser directly.

3.2. We are not a party to any contact, appointment or agreement between Visitors and Advertisers, do not mediate in appointments or bookings, do not process payments between Visitors and Advertisers and are not involved in the services Advertisers offer.

3.3. Advertisers act entirely independently and at their own expense and risk. There is no employment relationship, mediation or exploitation by the Platform.

4. Accounts

4.1. The Platform is intended solely for persons aged 21 or older. This applies to Visitors and Advertisers alike.

4.2. One account per person is allowed. An independent Advertiser can run one Profile; a business account can manage several Profiles (see article 8).

4.3. When registering you confirm your email address. You are obliged to provide correct and current details and to keep your login details secret. Accounts are personal and not transferable.

4.4. We may refuse registrations and block or terminate accounts in case of a breach of these terms, signs of fraud or where the law requires us to. Blocking or termination takes place with a statement of reasons, unless a legal obligation or investigative interest prevents this.

5. Verification

5.1. Every Advertiser goes through a verification process before publication, described in our verification policy. This includes at least a personal review with a verification photo, an age check (21+) and, for persons from outside the EU/EEA or Switzerland, on request the right to live and work in the Netherlands.

5.2. Cooperation with verification is mandatory, including when we later ask for a new verification. Without (valid) verification a Profile is not published or is taken offline.

5.3. Every material change to a Profile is reviewed again before it becomes visible. For a Profile that has already been published, the last approved version stays online during that review.

6. Profiles and content

6.1. The Advertiser is fully responsible for the content of their Profile and guarantees that: all persons shown are 21 or older and have explicitly consented to being listed; the images are genuine, recent and of the person shown themselves; and the content complies with the house rules and the law.

6.2. All Profiles and reviews are reviewed by hand before publication. No rights can be derived from that review: the Advertiser remains responsible.

6.3. We may refuse content, adjust it (for example by removing contact details from texts) or take it offline if it breaches these terms, the house rules or the law. The user concerned receives a statement of reasons and can respond to it (see Reporting and contact).

7. Credits, promotions and payment

7.1. Advertising is free. Promotions are optional and are paid for with Credits, which are topped up via the payment methods offered. All prices are in euros and include VAT. You receive an invoice in your account for every top-up.

7.2. Credits are not electronic money, are not transferable and cannot be exchanged for money, and can only be spent on services of the Platform.

7.3. A Promotion starts immediately after activation. By activating you explicitly consent to immediate delivery and, insofar as a right of withdrawal would apply, you waive that right.

7.4. If the user closes the account themselves, remaining Credits lapse and there is no right to a refund. We point this out explicitly before closure. See also the refund policy, which also sets out when a refund is given.

8. Business accounts

8.1. A business account (such as an agency, club or private house) may only run Profiles of persons who work for or through that business, with their explicit consent. The business records that consent and shows it at our first request.

8.2. Insofar as the business account provides us with personal data of these persons, the business is the controller for that data and we also process that data on behalf of the business. The business guarantees that it is authorised to do so and indemnifies us against claims and fines resulting from the lack of that authority.

8.3. Where a municipality requires the business to hold a licence with a disclosure obligation, the business states its licence number in the Profile. The business is responsible for its accuracy.

9. Reviews

9.1. Visitors with an account can post one review on a Profile. Reviews are checked before publication and must comply with the house rules.

9.2. The Advertiser can reply to a published review. The author can change their review (after which it is checked again) or withdraw it.

9.3. We take technical measures against misleading reviews and may refuse or remove reviews that are false, misleading or in breach of the house rules.

10. Abuses and reports

10.1. We have a zero-tolerance policy for coercion, exploitation, human trafficking and any involvement of minors. Where there are signs of this, we take content offline immediately, may terminate accounts with immediate effect and, where appropriate, report it to the police. We cooperate with lawful orders from the police and judiciary.

10.2. Anyone (including without an account) can report allegedly unlawful content via the report button on every Profile or via the channels on the page Reporting and contact. That page also explains how we handle reports.

11. Intellectual property and licence

11.1. All rights to the Platform itself (software, design, database, trademarks) belong to us. It is not permitted to read, scrape or reuse the Platform or its content by automated means; in this respect we also rely on the Dutch Databases Act (Databankenwet).

11.2. The Advertiser retains the rights to their own content and grants us a non-exclusive licence to show that content on the Platform and, solely to promote the Platform, to use it in our own communications. The licence ends when the content is removed from the Platform, subject to back-ups and statutory retention obligations.

12. Prohibited use and penalty clause

12.1. It is prohibited to: use the Platform for any purpose other than that for which it is intended; use automated means (bots, scrapers, auto-refreshers); use someone else's account; or use (contact) details obtained via the Platform for spam, acquisition or any purpose other than that for which they were provided.

12.2. In the event of a breach of article 12.1, the user forfeits an immediately payable penalty of € 500 per breach and per day that it continues, without prejudice to our right to full compensation and termination of the account.

13. Liability

13.1. We make every effort to provide an available and safe Platform, but do not guarantee uninterrupted operation or any result of Promotions (such as numbers of views or responses).

13.2. We are not liable for the conduct of users, for the content of Profiles and reviews or for anything arising from contact or appointments between users.

13.3. Our total liability per event is limited to direct damage and to a maximum of € 25, except in case of intent or deliberate recklessness of our management. Liability for indirect damage (including lost turnover and reputational damage) is excluded.

14. Duration, termination and end

14.1. The agreement applies for an indefinite period. You can close your account at any time via your account settings; your Profiles then go offline immediately. Article 7.4 (lapse of Credits) applies.

14.2. We may terminate the agreement with one month's notice and with immediate effect in case of a breach of these terms or the house rules, signs of fraud or on the basis of a legal obligation. On termination due to a breach there is no right to any refund.

14.3. We may terminate an account that has not been used for more than 12 months, after sending a reminder to the known email address at least 30 days in advance.

15. Privacy

How we process personal data is set out in the privacy statement and the cookie statement. For publishing a Profile with data about sexual behaviour or orientation we separately ask for your explicit consent; you can withdraw it by deleting your Profile or account.

16. Final provisions

16.1. These terms are governed by Dutch law. Disputes are submitted to the competent court, unless mandatory law provides otherwise.

16.2. Consumers can also submit a dispute to the European ODR platform via ec.europa.eu/consumers/odr.

16.3. Questions about these terms: info@noirnights.nl or via the contact form.