Terms of service
The following terms and conditions are part of all contracts which are closed between IP Broadcast B.V. (hereinafter referred to as IPB) and the users of their services. In case there are already business relations between the user and IPB, these General Terms and Conditions remain also valid for the future even if their inclusion is not expressly agreed on when closing further single contracts.
They serve the security of the interactive communication between the members of the service. They define the conditions the use of the IPB-service is based on. These General Terms and Conditions apply only and exclusively to all members of the IPB-services.
Real amateurs are filming their own sexual activities and are providing IPB with this content for publication purposes. Persons who are under age are excluded from the use of the IPB services. A proof of majority and identity has to be provided in written form (double-sided copy of the identity card, passport or driver license). As for content showing more than one person the proof of age has to be effected in the above-mentioned way for all the participating persons. Untrue statements about age will lead to an instant blocking of the access and to the retention of all the sales generated for the member including the sharing part.
For security reasons it is required that each member places a preview image before the content which has been provided. This preview has to show the member and the words "amateurcommunity.com". These words have to be part of the preview image and are not to be added later on. As for content showing more than one person the preview image has to show in the above-mentioned way all the participating persons.
Registration as a member of our services can only be effected when he/she agrees to the validity of our General Terms and Conditions. When registering the member declares to have read, understood and accepted the General Terms and Conditions. The member accepts these General Terms and Conditions by confirming the declaration "I have read and accepted the General Terms and Conditions" through click on the button "Yes". By this the General Terms and Conditions become part of the contract.
A legal title on the participation at IPB does not exist. IPB is authorized to exclude respectively reject members of their services at any time without giving reasons.
General Terms and Conditions of IP Broadcast B.V.
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Object of the General Terms and Conditions
The company IPB operates several telecommunication services and media services as e.g:
www.amateurcommunity.de; www.amateurcommunity.com; this list is only exemplary and not finally.These General Terms and Conditions are valid for all users of the above-mentioned IPB telecommunication services and media services.
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Object of the Contract
Object of the contract is the possibility to post erotic content on the homepages operated by IPB like www.amateurcommunity.de and www.amateurcommunity.com as well as on other domains operated by IPB or their partners.
By this the member will act as a content provider for IPB. The member assures to be the owner of all required usage rights of the material covered by the contract. The member also assures to have specifically acquired the rights of the rights owners respectively of the video-taped persons to the full extent as covered by the contract.
The member guarantees that the content and its usage does not infringe upon the rights of third parties and that no obligation is inhibiting him/her from the grant of rights covered by this contract. Hence, the member is indemnifying IPB from all justified rights of third parties.
The member is transferring IPB the unlimited usage right for the internet pages and for all mobile pages of IPB and their partners.
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Payments and Performances
If a consumer is using the content provided by the member, he has to pay the price fixed by the member. From the thus realized revenue the member receives a sharing part of up to 35%.
- A member receives 35% of the thus realized revenue if he/she makes more than 20,000 Euro turnovers per accounting period (14 days).
- For revenue of up to 20,000 Euro per accounting period (14 days) the member receives a share of 30%.
The base value for the revenues realized through the online presence is the individual net sales price (thus without value added tax). In the domain of telephone value added services and/or Premium-SMS the base value is the net payout of the net providers to IPB. In the domain of other service assessment forms the base value of the sharing part is always the net sum which is paid by users or partners (third party programs, payment providers, etc.) to IPB.
The commissions are paid every 14 days. This equates to one accounting period. It means the turnover which has been made at least 14 days ago will be paid out. IPB is issuing a written commission statement for the member and sends it per post or places it for download in the member section of IPB's website.
On top, IPB can decide in their sole discretion to award specially high-quality content with an instant remuneration for each uploaded and from IPB released content. This is independent of the fact whether this content realizes any revenues or not. This remuneration is
1,- € per uploaded picture set*
2,- € per uploaded movie*
All uploaded picture sets have to include at least 10 single pictures with different motives and all uploaded movies have to be at least 5 minutes long.The payout of the sharing parts is always net without VAT. The VAT is only paid out to Dutch members showing a corresponding proof of sales tax liability. The minimum settlement amount which is needed to start paying out the sharing part is 50 Euro. If this minimum payout amount is not exceeded within one accounting period, the sharing part will be accumulated until 50 Euro has been reached.
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Closing of the Contract
- After the initial uploading of his/her content the member will receive an email stating the receipt of his/her content. The contract will be closed automatically by the member's acknowledgement of this mail.
- The member assures the truth of all the information given during the registration process.
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Access
- Access to the content-area of IPB requires registration where the member selects a personal password and user name for further use. After registration the member becomes an active member and recognizes by this these General Terms and Conditions as the only ones for all contractual relationships with IPB. Through registration a contractual relationship begins between IPB and the registered member which content complies with the here stated General Terms and Conditions.
- IPB has the right to block the member's access at any time if the member uses IPB's system illegally, especially - but not only - when violating the obligations listed under section 7.
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Privacy
- The safety and protection of the members' contents is a matter of particular concern to IPB. IPB commits to observing the legal requirements for privacy, especially the German Data Privacy Act (BDSG) and the Act about Data Privacy with Telecommunication Services (TDDSG).
- During contractual service provision personal data will be collected, saved, processed and used. Personal data is containing information about personal and factual circumstances of a specific or determinable member. All personal filter settings which a member can set for the online area are also saved. This shall guarantee that each member will find his/her personal filter settings during any new uploading process.
- The member accepts that the personal data of a member's profile - age, sex, post code - is used by IPB or others and processed by IPB or others for the purpose of consultation, market research, advertising, research and analysis in order to improve and adapt their services according to customer needs. On accepting these General Terms and Conditions the member also gives his/her consent to receive emails and newsletters and advertising from IPB. This consent can be revoked in writing by the member at any time.
- Using pseudonyms IPB will set up usage profiles and will send other service providers whose telecommunication services were used by the member only anonymous usage data for their purposes of market research. According to article 3 paragraph 6 TDDSG each member can revoke the set up of anonymous usage profiles and the sending of anonymous usage data to third parties for the purpose of consultation and market research. The right of objection can be exercised by sending an email to support@amateurcommunity.com.
- On written request (post/email) IPB will inform the member by email in full and free of charge at any time about the saved database concerning the member's details.
- IPB has to point out explicitly that privacy for data transmissions in open networks like the internet can not be guaranteed comprehensively according to today's state of technology. IPB is striving towards privacy to the best of their knowledge. Though it is the member's duty to take as much care as possible to save the data he/she is transferring to the internet.
- The member gives his/her consent to publish his/her anonymous profile data through other media and mobile services (mobiles), e.g. via UMTS, SMS, GPRS.
- The member agrees that the service and the sending of messages by IPB can be executed by another service provider ordered by IPB (hosting).
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Duties and Responsibilities of the Member
- The member is solely responsible for the content of the posted data and thus for the information he/she is providing about himself/herself. The member assures that the given data is true.
- The member commits to freeing IPB of any charges due to complaints, damages, losses or claims which could result from the member's registration and/or participation at this service. The member specifically obligates himself/herself to free IPB of any liability and any obligations, expenses and claims resulting from damages due to defamation, insult and violation of personal rights, due to stoppage of services for other members, due to infringement of immaterial goods or other rights.
- Furthermore, the member commits not to misuse the service, i.e. especially
aa. not to distribute by third parties any defamatory, offensive or in any other sense illegal material or information,
bb. not to use it in order to threaten or harass other persons or to violate the rights (including personal rights) of third parties,
cc. not to upload data containing a virus and/or software or other material which is copyrighted unless the member owns the corresponding rights or the necessary declaration of consent,
dd. not to use it in a way which is influencing adversely the delivery of the service to third parties,
hh. not to send any messages serving commercial purposes,
ii. not to name any names, addresses, phone or fax numbers, email addresses, etc. - The member is not allowed to direct customers of IPB to other internet sites and/or other system like websites, telephone value added services, etc., nor is he/she allowed to inform IPB's customers about these pages and/or advertise them by using the content the member has posted at IPB.
- The active advertising of competing sites entitles IPB to the instant exclusion and holdback of all revenues generated by the member including the sharing part.
- The non-observance of any of the obligations named in section 7 d. can lead to an instant cancellation of all contractual relationships without prior notice by IPB. It can also entail prosecution under criminal or civil law. In this context IPB reserves the right to exclude the member from their service if in IPB's view the member wants to register for and use the service only in order to distribute content or photos contrary to public policy, right or left wing extremist content or photos respectively photos or content of/with children and/or animals.
- IPB is entitled at any time and without giving reasons to stop their service completely or in parts for individual members.
- If the member pursues commercial interests with his/her registration and/or uses the data of third parties he has transferred to IPB for commercial purposes and violates by this one or several of the obligations stated in section 7 d., the member commits to paying IPB a contract penalty of € 5,001.00 for each proven infringement. Further claims for damages are not affected by this.
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User
Users are persons who are using the services of the homepages operated by IPB. The exact terms of payment and payment possibilities can be seen at the pay site.
The user pays through different kinds of collection procedures the requested amount onto an account in credit for which the user receives so-called Coins. This amount will be charged to the user once. In return for the payment/usage of Coins displayed at the pay site IPB provides the user with the selected program. The charges displayed on the pay site including the legal value-added tax will be withdrawn from the credit balance/the Coins simultaneously with the supply of the service. If the virtual account is out of Coins a further use of the service is impossible. The user can refill it by making an incoming payment. By making this incoming payment onto his/her virtual account the user does not subscribe to a subscription system nor will he/she be committed to make regular payments. A right of refund related to paid but not used Coins does not exist.
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Liability
- IPB is rejecting any liability for financial, non-physical or other damages which can be related to this service unless IPB has caused those damages deliberately or through gross negligence.
- Furthermore, IPB can not be held liable for delays in transmissions or failures/stoppages due to technical reasons unless IPB has caused such delays in transmissions or failures/stoppages deliberately or through gross negligence.
- IPB does not take any liability for a possible misuse of information.
- IPB does not take any liability for the uninterruptible availability of the system as well as for system-related failures/stoppages, interruptions and/or disturbances of the technical installations and the service of IPB as far as these symptoms are beyond IPB's sphere of influence. IPB is especially not liable for disturbances in the quality of the access to the service of IPB due to force majeure or due to events which are beyond IPB's responsibility, especially the failure of communication networks and gateways. For insignificant interruptions of the service IPB does not take any liability on principal.
- Moreover, IPB does not take any liability if third parties manage to obtain unauthorized knowledge about personal data of users/members (e.g. due to an unauthorized access of hackers to the data base) unless IPB has enabled third parties to obtain this unauthorized knowledge about personal data deliberately or through gross negligence.
- IPB is also not liable if any statements or information which the members/users have made accessible to third parties are misused by these third persons.
- In case of ordinary or slight negligence IPB is only liable when they have violated an essential or cardinal obligation. In these cases IPB is liable only up to the reasonably foreseeable damage typical to the contract. In other cases the liability of IPB is excluded. When the liability of IPB is excluded or limited this also applies to the liability of their employees, cooperators, representatives or any other assistants to IPB.
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Release from Liability
By accepting these General Terms and Conditions every member/user is releasing IPB from any liability and from any obligations, charges and claims resulting from damages due to defamation, insult, violation of personal rights through other users/members, due to a stoppage/failure of services for users or due to a violation of immaterial goods or other rights through members/users. Furthermore, every member/user is releasing IPB from any liability and any claims or costs arising from a breach against these General Terms and Conditions.
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Independent Service Providers
- Services offered by third parties on IPB's website can involve additional conditions and costs for the member/user.
- Prior to the use of such services of a third person the member/user is obliged to inform himself/herself about the General Terms and Conditions and prices of this service provider. IPB is neither party nor representative of a transaction between the user/member on the one side and a third person on the other side.
- IPB does not take any liability for the correctness and reliability of information, opinions or other messages of these service providers.
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Operating
IPB is entitled but not obliged to check up on the content of the uploaded data in terms of compatibility with the general law and these General Terms and Conditions and if necessary IPB is also entitled not to publish the respective content. Furthermore, IPB has a very high demand in quality, security and level of their services. In this context IPB reserves explicitly the right to exclude data from publication if it does not comply with the high requirements of IPB's members.
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Stop of the Member's Online Presence
- The member can demand from IPB to stop the online presence of the uploaded content. If this claim concerns awarded content IPB can choose to have the prize reimbursed respectively to have it offset against other sharing parts.
- After termination of this contract all data of the member of IPB can be deleted on request as far as this is allowed according to the legal requirements.
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Place of Jurisdiction/General
For these General Terms and Conditions and for all legal relations between the member/user and IPB the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods is applicable. Place of performance is Hamburg. As place of jurisdiction - if applicable - the Local Court respectively the County Court of Hamburg will be agreed upon.
Should single clauses of these General Terms and Conditions be or become invalid, this does not affect the validity of the remaining clauses of this agreement. The contract parties will replace the invalid clause by a regulation which is approximating the economic purpose of the original regulation. The same shall apply if a contractual loophole should be revealed. Changes of the General Terms and Conditions will be communicated to the member by email the latest four weeks before their commencement. Here it is sufficient to communicate a link to the internet address where the new version is available instead of sending the entire new text. Should the member not contradict these changes within four weeks from the date of this communication this new version is deemed to be agreed upon. The member has also the right to cancel the contractual relationship with IPB without giving notice within this 4-week period from the date of information. Any changes and/or amendments to this agreement must be in writing to be legally applicable as far as nothing else has been agreed upon in these General Terms and Conditions. This is also applicable in case of a possible abandonment of the written form requirement.Alternative terms and conditions of the member/user will not be accepted.
