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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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Only one registration may be carried out by one individual. The
registration requires an independent, deliberate decision by the
individual registering.
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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
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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.
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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.
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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
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The user of a paid service can terminate the contract with a notice
period of ten calendar days to the end of the month. To be effective the
termination of the paid contract must be in text form and, to clearly
assign the termination, it should contain the following information:
- Username (pseudonym)
- E-mail address given by the user during registration
- First name and surname of the user
- Address of the user
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The termination of the fee-based contractual relationship shall not
effect the free contractual relationship.
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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
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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.
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IPB can complete the payment for chargeable services via an external
service provider contracted by IPB.
VI. User obligations
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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.
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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.
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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).
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The user furthermore shall not abuse the services of IPB, in particular,
shall not
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use them to distribute defamatory, racist, inflammatory or otherwise
unlawful material or information;
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request illegal pornography via the database system or from the
performers;
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use them to threaten, harass or violate the legal rights (including
personal rights) of other users or performers;
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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;
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use these services in a way that adversely affects the availability
of services for other users;
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intercept e-mails or other messages and shall also not attempt to do
this;
- send chain letters;
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send e-mails or other messages that serve a commercial or trade
purpose;
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mention in the personal description any names, addresses, telephone
or fax numbers, Messenger addresses, emails or URLs;
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collect, store, or process any personal data about other users or
performers.
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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.
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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.
VII. Operation
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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.
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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.
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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.
VIII. Rights
The user receives a simple, non-transferable and limited right to use the
fee-based database restricted to the duration of the contract term.
IX. Liability
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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.
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With access to the database, IPB makes available an IT service and is
not responsible for any success.
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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).
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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.
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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.
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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.
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The foregoing limitation of liability also applies to the personal
liability of employees, representatives and bodies of IPB.
- IPB has no further liability.
X. Indemnification
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
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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.
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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.
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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
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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.
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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
IPB collects, processes and uses personal data of the user as described in
these Terms and Conditions and in the privacy policy. The retention of personal data is guided by the statutory requirements.
XIV. General information
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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.
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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
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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: 0031-77-3661878; e-mail:
info@ipbroadcasting.nl; 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.
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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.
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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: 0031-77-3661878; e-mail: info@ipbroadcasting.nl;
fax: 0031-77-3662942:
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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)
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Signatures of the consumer(s) (only for communication on
paper)
- Date
- (*) Delete as appropriate.
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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.