General Terms and Conditions
The following Terms and Conditions govern the contractual relationship between IP Broadcasting B.V., Lottumseweg 43, 5971 BV Grubbenvorst, Netherlands (hereinafter: IPB) and the users and customers of tele-media services (hereinafter: users). They define the conditions under which the services of the IPB can be used.
I. The subject of the contract; description and scope of performance
- IPB allows users access to a central database system. Different domains of IPB can be accessed on the database system. This database system contains profiles, information and data from webcam performers (hereinafter: performer) and other participants. After registering, the users will have the opportunity to search the database for profiles of the performers, to view profiles, to contact the performer and to access the database material of the performers. The content, type and duration of the database material provided and transmitted by the relevant performer is the responsibility solely of the performer. IPB provides both free and paid services. Before these services are provided, the user will be informed of the requirement to pay, the content and the scope of services, and of the fee and the terms of payment.
- In addition to this portal, IPB operates portals under other names and other domains. To be able to offer the maximum number of profiles to the user, IPB allows the users of the respective portals to access the profiles of performers and other participants of the other portals across the service.
- IPB's services are offered exclusively for private, non-commercial purposes. By registering on a portal of the IPB, the user undertakes to use the service for private purposes only.
Temporary errors or interruptions of the services provided by IPB may occur due to force majeure or to technical changes
(maintenance, interruptions for offline backups, software updates). IPB will make all reasonable efforts to ensure the
uninterrupted call-up of services. The availability of the services is limited to accessibility with minor impairments.
Impairment of the availability of the services is deemed minor if the disturbance or interruption does not exceed 24 hours in a month.
IPB reserves the right to amend the performance and service description if the amendment is due to legal or regulatory requirements or if an adaptation to the technical state of the art is necessary, insofar as the change does not vary significantly from the original performance or service description and the user is not disadvantaged by this.
IPB shall announce any such change to the user within two weeks. The user can object to the changes within this same period. If the user does not object to the changes within these two weeks, the amended performance and service descriptions shall be in force from the day the period expires.
- IPB may use externally mandated service providers to offer its tele-media services. This includes in particular payment providers, content providers, senders of newsletters and debt collection agencies. Externally mandated service providers that perform services on behalf of IPB are not considered third parties within the meaning of these Terms and Conditions.
II. Conclusion of the contract and access
Persons not of legal age as well as those acting on behalf of a third party are excluded from using the services of IPB.
If IPB has any reasonable suspicion that a person is ineligible, IPB is entitled to examine the personal data of the person by requesting official identification documents.
Ineligible users shall be excluded from using the services of IPB and the database.
- The database and the services of IPB can be accessed and used following user registration. The user registers with a pseudonym and a password of his or her own choosing. Registration requires that an e-mail address for the user be given, the registration form be filled out in full, and confirmation of the link sent by IPB to the email address given by the user.
- Only one registration may be carried out by one individual. The registration requires an independent, deliberate decision by the individual registering.
- By registering, the user confirms the inclusion of these Terms and Conditions. This creates a free contractual relationship between IPB and the user.
III. Fee-based services
- IPB offers various fee-based services and benefits in addition to the free services. By using any of these services, the user enters another contractual relationship that is separate from the free contractual relationship. These General Terms and Conditions also constitute the basis of this further contractual relationship. Prior to the conclusion of the fee-based contract, the user will be notified on the respective portal of the content, the price, the duration, and the payment terms. By selecting the fee-based service on the respective portal and accepting the obligation to pay by pressing the "buy" button (hereinafter: ordering process), the user concludes the contract.
- By concluding the fee-based contract the user receives, in the form of a credit account, an amount selected in the ordering process. The credit balance is managed in so-called ‘coins’. The user can access this service by paying the coins displayed at the respective service. The coins are consumed simultaneously with the provision of the service. Once the account has no more coins, the fee-based services can no longer be used. The user can add more coins to his credit account through the ordering process.
- IPB offers users the opportunity to replenish credits automatically. Through an opt-in to this system, a number of coins previously selected by the user is purchased when the credit is used up. The credit balance is replenished only when it is used up during the provision of a fee-based service.
IV. Run-time; Termination
The user is entitled to terminate the contractual relationship for the free services at any time. The cancellation shall be effected through a deregistration of the profile by letter, fax or email.
The profile of the user and any associated records will be deleted after termination of the contract, insofar as no legal requirements require storage. The contractual relationship for fee-based services must be terminated separately from this.
- The account credit cannot be redeemed upon termination.
V. Terms of payment
- The fee for paid services is to be paid in advance to IPB and will be withdrawn in full via the payment method selected in the ordering process.
- IPB can complete the payment for chargeable services via an external service provider contracted by IPB.
VI. User obligations
- The user is solely responsible for the content of his or her registration, the other information about his or her person, and the information that he provides about himself or herself. The user assures that the data is truthful and that it describes him personally. Intentionally or fraudulently submitted false data can result in civil and criminal proceedings and entitle IPB to block the user profile, without this affecting IPB’s claim for payment.
- The user declares that he shall not use the services of IPB for business or commercial purposes, in particular for advertising purposes. The user is not allowed to read the content and profiles of other users manually or through the use of computer programs in order to exploit the data gathered in this way outside of the portals of IPB.
- The user shall keep his access data confidential. If the user passes the access data to third parties, the user is liable for all consequences of his action. If there arises any suspicion that the access data has been passed to third parties, the user must immediately inform IPB of this and take appropriate steps to prevent further abuse (for example, by changing the user password).
The user furthermore shall not abuse the services of IPB, in particular, shall not
- use them to distribute defamatory, racist, inflammatory or otherwise unlawful material or information;
- request illegal pornography via the database system or from the performers;
- use them to threaten, harass or violate the legal rights (including personal rights) of other users or performers;
- introduce into the system or the database any data that contains a virus or contains software or other material that is protected by copyright or by other proprietary rights, unless the user is the owner of the respective rights or has the necessary consent to use them;
- use these services in a way that adversely affects the availability of services for other users;
- intercept e-mails or other messages and shall also not attempt to do this;
- send chain letters;
- send e-mails or other messages that serve a commercial or trade purpose;
- mention in the personal description any names, addresses, telephone or fax numbers, Messenger addresses, emails or URLs;
- collect, store, or process any personal data about other users or performers.
- Failure to observe the above rules of conduct or violation of other obligations in these Terms and Conditions shall entitle IPB immediately to block access by the user to the database of IPB and immediately to terminate the contract without notice for significant cause.
- If the user links commercial or business interests with the conclusion of the contract or uses the data made available to him for business or commercial purposes or for purposes not expressly approved by IPB, he or she shall pay IPB a contractual penalty of €1,000.00 for every proven violation. Any further claims for damages remain hereby unaffected.
You agree not to use the service for any illegal purpose, or for the transmission or posting of any digital information including, but not limited to, text, images, graphics, and audio/video/audio-video recordings (the Content) that is unlawful, harassing, libelous, abusive, threatening or obscene or that that constitutes an infringement/invasion of the rights of privavy or publicity of any individual or entity.
YOU ARE STRICTLY PROHIBITED FROM USING THE SERVICE TO OFFER, ADVERTISE, OR PROMOTE PROSTITUTION, SEX TRAFFICKING, OR UNLAWFUL SEX ACTS BY FORCE, FRAUD OR COERCION.
- IPB is entitled, but not obliged, to check the user-entered content and data and to remove the corresponding data in the event that the content violates these General Terms and Conditions.
- IPB is also entitled, but not obliged, to check texts, graphics, uploaded photos and photographs for compliance with these General Terms and Conditions and against the legal requirements and, in the event of a breach, to remove it.
The performers can keep a diary in the form of a blog on their profile page. Contributions of the performers are posted in the blog system immediately after they have been created by the performers. IPB is unable to check posted contributions immediately. The blog posts are not checked for content or edited by IPB.
IPB assumes no liability for the correctness of the posts or for the availability of this service. The respective performer is solely responsible for the content and form of the blog posts. IPB assumes no liability before becoming aware of possible legal violations arising out of the content of the blog posts.
The user receives a simple, non-transferable and limited right to use the fee-based database restricted to the duration of the contract term.
- IPB assumes no responsibility or warranty for the correctness and security of the data and content published or transmitted by the performers. IPB likewise assumes no liability for the accuracy of the content of the performer profiles. Although it is not allowed, performers are able to enter false or illegal information and content or to use the services of IPB for unauthorised or unlawful purposes.
- With access to the database, IPB makes available an IT service and is not responsible for any success.
- Since IPB has no influence on the transport of data over the Internet outside of its own IT infrastructure and given the idiosyncrasies and uncertainties of the Internet, IPB can assume no liability for any external data loss and/or errors that may occur during data transmission. IPB is not responsible for any failures of the offer, the causes of which lie outside the sphere of influence of IPB (e.g. due to force majeure or technical disruptions of the Internet).
- IPB assumes no liability for the misuse of information that the user himself has made available to third parties. IPB is similarly not responsible for the unauthorised acquiring of knowledge by third parties of users’ personal data (for example, through unauthorised access to the central database), unless IPB has allowed third parties to acquire that unauthorised knowledge intentionally or through gross negligence.
- IPB is liable – excluding violation of essential contractual obligations and for death, injury or impaired health or claims under the Product Liability Act – only for intent and gross negligence. Essential contractual obligations are those the fulfilment of which is necessary to achieve the objective of the contract.
- In the event of a minor negligent breach of a duty that is essential to the purpose of the contract (cardinal obligation), the liability of IPB is limited to an amount that is foreseeable and typical of the nature of the transaction in question.
- The foregoing limitation of liability also applies to the personal liability of employees, representatives and bodies of IPB.
- IPB has no further liability.
The user indemnifies IPB, in the framework of legal regulations, from any liability and from all further obligations, claims and expenses, from any actions and damages due to insult, defamation, infringement of intellectual property, personal or other rights of third parties and due to loss of services to other users for which the user is responsible.
XI. Service offered through external service providers
- Services that are offered by third parties on the portals of IPB with the approval of IPB may be subject to additional conditions and fees that the user must pay.
- Before using any third-party service the user is obliged to familiarise himself with its General Terms and Conditions and prices. IPB is neither party to nor representative of a contractual relationship between the user and the third-party service provider.
- IPB is in particular not liable for the accuracy and reliability of the content, information, opinions and other communications of a third-party vendor, unless IPB has acted intentionally or with gross negligence.
XII. Modification of the General Terms and Conditions
- IPB reserves the right to change these terms and conditions at any time, provided that the core provisions of the contract remain unaffected hereby and that this change is necessary to adapt to developments that could not be foreseen by IPB upon conclusion of the contract and that if not taken into account would significantly disrupt the balance of the contract. Core provisions are in particular the nature and scope of the agreed services, as well as the duration, including the provisions for cancellation. IPB is entitled to make changes to close loopholes in the contract that occur in particular through regulatory changes and changes in the case law.
- IPB will notify the user of the changes by sending an email that includes the General Terms and Conditions that are to be amended. The user may object to the amendments within two weeks. If the user does not object to the changes within this period, the amended General Terms and Conditions shall apply from the date the period expires.
XIII. Data privacy
XIV. General information
- The legal relationships existing between IPB and the user shall be governed by the law of the Federal Republic of Germany subject to compulsory regulation. The court of jurisdiction for all claims arising from this contract is Berlin, if the user is not a consumer. The applicability of mandatory provisions of the country in which the user has his habitual residence or place of residence at the conclusion of the contract shall remain unaffected.
- Should individual provisions of these General Terms and Conditions be invalid or incomplete, the remaining Terms and Conditions shall remain unaffected in their validity.
XV. REVOCATION INSTRUCTIONS
Right of withdrawal
You have the right to cancel this contract within 14 days without stating reasons.
The revocation period is fourteen days from the date of the conclusion of the contract.
To exercise your right of cancellation, you must inform us (IP Broadcasting B.V., Lottumseweg 43, 5971 BV Grubbenvorst, Netherlands; phone: 0031-85-3019376; e-mail: [email protected]; fax: 0031-77-3662942) of your decision to revoke this agreement by submitting an unambiguous declaration (e.g. a letter sent by mail, fax or e-mail). You can use the attached sample cancellation form, but you are not required to do so.
To comply with the revocation period it is sufficient that you submit the declaration that you are exercising the right of withdrawal before the withdrawal deadline.
Consequences of revocation
If you withdraw from this contract, we will refund all payments we received from you, including shipment costs (except for additional costs arising when you choose a way of delivery different from the most cost-efficient standard delivery offered by us) immediately and at least within fourteen days from the day we received the notification of withdrawal from this contract. For this refund we will use the same payment method that you selected in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged a fee for this refund.
If you have requested that the service should begin during the withdrawal period, you must pay us an appropriate amount for services already provided corresponding to the percentage of the total volume of services provided for in the contract up to the date on which you informed us that you are exercising the right of withdrawal from this contract.
Sample withdrawal form
(If you would like to withdraw from the contract, please complete this form and send it back.)
To IP Broadcasting B.V., Lottumseweg 43, 5971 BV Grubbenvorst, Netherlands; phone: 0031-85-3019376; e-mail: [email protected]; fax: 0031-77-3662942:
- I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods(*) /provision of the following service(*):
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signatures of the consumer(s) (only for communication on paper)
- Insofar as the user has given his express consent, the right of withdrawal expires prematurely if the service desired by the user was provided in full by IPB before the user exercised his right of withdrawal.