GENERAL TERMS AND CONDITIONS FOR THE USE OF THE PAID ONLINE SERVICE OF SEXTERMEDIA
§ 1 Scope of application
(1) The following General Terms and Conditions of Use are part of every contract between
(in the following: SEXTERMEDIA) and the customer.
§ 2 Services of SEXTERMEDIA / Subject Matter of the Contract
(1) SEXTERMEDIA operates an online service against payment and provides the customer for exclusively private purposes with films, motion pictures, photos or other materials with erotic content as well as further services around the topic eroticism. After the paid registration and the payment on the online service of SEXTERMEDIA the customer can use the services offered there for the agreed contract period.
(2) Before using the online service of SEXTERMEDIA a registration (see § 4) is necessary.
(2) By filling out and submitting an electronic form for registration and for ordering from the service offer of SEXTERMEDIA the customer transmits personal data to SEXTERMEDIA.
(4) For the purpose of contract fulfillment the personal data of the customer will be passed on to the payment service provider processing the payment. The payment service provider is also obligated to use the customer's personal data exclusively in accordance with the provisions of the applicable data protection law.
(5) Data transmissions are made using "Secure Socket Layer (SSL)" technology.
(6) The customer is entitled to request the modification, blocking or deletion of his data at any time under the e-mail address email@example.com, unless this would jeopardize the performance of the contract.
(7) Beyond the aforementioned data protection declaration, all personal data of the customer transmitted to SEXTERMEDIA will not be made accessible to third parties without the customer's separate written consent, unless this has to be done due to legal or official orders.
(8) With the complete execution of the contract, which includes the complete payment of the agreed fees, the data of the customer, which must be kept for legal reasons, will be blocked with the exception of the data for which consent for further use has been given. This data is no longer available for further use.
(9) If the customer wishes further information about the storage of his personal data or wishes his personal data to be deleted, blocked or changed, support is available at the e-mail address mentioned in (6).
§ 4 Registration
(1) Before using the online service of SEXTERMEDIA a registration is required. The registration on the online service of SEXTERMEDIA is effected against payment according to the price list valid at the time of the conclusion of the contract. By the registration a contract of use between the parties is concluded. SEXTERMEDIA will confirm the receipt of the application for conclusion of a contract of use by sending an e-mail to the e-mail address given during registration. With this confirmation message the customer receives his access password. The activation of the online account is at the same time the acceptance of the application for the conclusion of a paid contract of use.
(2) Registration as well as conclusion of a contract is only possible for natural persons who are of legal age and have full legal capacity in accordance with the regulations of their country of residence. By registering for the service of SEXTERMEDIA, the customer explicitly assures that he is of age and of full legal capacity according to the regulations of his country of residence.
(3) SEXTERMEDIA reserves the right to reject registration applications at its own discretion without any justification.
(4) For the registration the customer fills in the electronic registration form provided on the online service of SEXTERMEDIA and sends it to SEXTERMEDIA on the electronically given way. The data necessary for the registration are to be indicated thereby completely and truthfully.
(5) With the registration the customer chooses a personal user name. The access password will be created by SEXTERMEDIA. The username must not violate any third party rights or any other name and trademark rights, any other applicable law or morality. The customer is obliged to keep the password secret and not to communicate it to third parties under any circumstances.
§ 5 Rules for the use of the online service of SEXTERMEDIA
(1) The customer is obliged to inform SEXTERMEDIA immediately about any knowledge of his password by third parties and about any misuse of his online account.
(2) The customer is prohibited to violate the rights of third parties, to harass third parties or otherwise to violate applicable law or morality when using the service of SEXTERMEDIA. In particular he commits himself to refrain from the following actions: - Spreading statements with insulting, harassing, violent, glorifying violence, inflammatory, sexist, obscene, pornographic, racist, morally reprehensible or otherwise offensive or prohibited content; - Insulting, harassing, threatening, frightening, defaming, embarrassing other customers; - spying, passing on or spreading of personal or confidential information of other customers or the employees of SEXTERMEDIA or other disregard of the privacy of other customers or the employees of SEXTERMEDIA , - spreading of untrue statements about race, religion, sex, sexual orientation, origin, social position of other customers or the employees of SEXTERMEDIA; - Spying on, disclosing or spreading confidential information of SEXTERMEDIA; - Spreading untrue statements about SEXTERMEDIA; - Unauthorized use of legally protected pictures, photos, graphics, videos, music, sounds, texts, trademarks, titles, designations, software or other contents without the consent of SEXTERMEDIA or permission by law or legal regulation; - spreading of statements with advertising, religious or political content; - use of forbidden or illegal content; - exploitation of errors in the programming (so-called bugs); - seizure of the content without the consent of SEXTERMEDIA or the permission of the law or legal regulations. Taking actions that may lead to excessive load on the servers and/or massively impair the use of the Online Service for other Customers; - Hacking or cracking, as well as promoting or encouraging hacking or cracking; - Distributing counterfeit software, as well as promoting or encouraging the distribution of counterfeit software; - Uploading files that contain viruses, Trojans, worms or destroyed data; - Use or distribute "auto" software programs, "macro" software programs, or other "cheat utility" software programs; - Modify the Online Service or any part thereof; - Use software that enables so-called "data mining" or otherwise intercepts or collects information related to the Service; - Interfere with transmissions to and from the Service servers and the Website servers; - Intrude into the Service servers or Website servers.
(3) SEXTERMEDIA reserves the right, after a permanent blocking or deletion of the customer's account or the extraordinary termination of the user contract, to prohibit the customer from registering for the service again in the future.
(4) SEXTERMEDIA points out its house right concerning the use of its online service and reserves itself expressly the immediate blockage of the customer account, if against one of the obligations regulated in (2) or otherwise against valid right with the use one offends.
§ 6 Terms of payment
(1) The payment for the use of the online service of SEXTERMEDIA for the term selected by the customer is due immediately upon conclusion of the contract. As payment options the customer has the credit card payment, the EC direct debit procedure and the payment via the service of SOFORT (https://www.sofort.com/ger-DE/) at his disposal. Only after receipt of payment the paid online service of SEXTERMEDIA is available to the customer.
(2) All prices are to be understood as end customer prices including the legal value added tax.
(3) In case of default of payment the customer is obliged to pay default interest in the amount of 5 percentage points above the base interest rate to SEXTERMEDIA.
(4) Irrespective of (3) SEXTERMEDIA is at liberty to prove a higher damage caused by default as well as any other damage.
(5) The customer is entitled to set-off only if the counterclaims are undisputed or legally binding.
§ 7 Term, Termination
(1) The contract of use between the customer and SEXTERMEDIA concerning the use of the online service is concluded depending on the service offer chosen by the customer for
Access1: 1 month recurring 29,77 Euro / classic access with full access
Access2: 1 month non-recurring 39,77 Euro classic access with full access
Access3: 12 months recurring 99,77 Euro classic access with full access
The contract is automatically renewed for the term selected when the contract was concluded, unless one party terminates the contract in writing with one month's notice to the end of the month in the case of a term of 1 month (access 1). In the event of a contract term of one month, the contract shall be extended by a further month unless the customer terminates the contract in writing with a notice period of two weeks to the end of the month. Notwithstanding the above, the customer also has the right to extend the contract for a longer period than the one selected at the time of the conclusion of the contract by sending a statement by mail or e-mail to the address below. The request for extension or termination shall be addressed to: Creative Media Service Corporation, 676A, 9th Avenue, Suite 106 New York.
For clear attribution, the customer's renewal request or termination notice should include the following two items of information: - The e-mail address or user name or box number deposited with SEXTERMEDIA - Service password (2) The right of the parties to extraordinary termination of the user agreement for good cause remains unaffected by the above provision. An extraordinary reason for termination exists in particular if the customer violates one of the obligations regulated in § 5 and § 11 (2). In the event of a breach of one of the obligations regulated in § 5, extraordinary termination without notice shall generally be effected if the customer, despite a warning, fails to remedy the breach of obligation within the reasonable period of time set therein or if the customer commits the same or a similar breach of obligation again at a later point in time after the warning. In the event of a particularly serious breach of one of the obligations regulated in § 5 (2) or a breach of one of the obligations regulated in § 11 (2), a warning is not required before extraordinary termination without notice.
§ 8 Availability of services / services / failure / maintenance work
(1) The online service of SEXTERMEDIA is operational 24 hours a day, seven days a week with an availability of 99.5% on an annual average. Excluded from this are downtimes due to maintenance and software updates as well as times in which the service cannot be accessed via the Internet due to technical or other problems beyond SEXTERMEDIA's control (force majeure, fault of third parties, etc.). In order to be able to use the online service of SEXTERMEDIA to the full extent, the customer must use the latest (browser) technologies or enable their use on his computer (e.g. activation of Java script, cookies, pop-ups). If older or not generally used technologies are used, the customer may only be able to use SEXTERMEDIA's services to a limited extent.
(2) SEXTERMEDIA reserves the right to change or extend its online service as far as this is necessary for improvement and/or technical development allows and/or requires this. SEXTERMEDIA commits itself to make such changes only if they are reasonable for the customers and if the interests of the customers are considered.
(3) With regard to capacity limits, the security and integrity of the servers or for the implementation of technical measures SEXTERMEDIA reserves the right to temporarily restrict its services. SEXTERMEDIA commits itself to make service restrictions only in case of reasonableness for the customers and considering the interests of the customers.
(4) In case of a system failure, which is neither based on intentional nor grossly negligent behavior of SEXTERMEDIA, its employees or vicarious agents, the customers have no claims for extraordinary termination or damages.
(5) Foreseeable necessary interruptions of operation for preventive maintenance or technical modifications will be announced to the customers in an appropriate manner within a reasonable period of time before the interruption of operation.
§ 9 Limitation of Liability
(1) SEXTERMEDIA is liable, with the exception of injury to life, body and health and the violation of essential contractual obligations (provision of the online service), only for damages caused by intentional or grossly negligent conduct. This also applies to indirect consequential damages.
(2) Except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, limb or health and the breach of essential contractual obligations (provision of the online service), liability shall be limited to the damage typically foreseeable at the time of conclusion of the contract and, in all other respects, to the amount of the average damage typical for the contract. This shall also apply to indirect consequential damages.
(3) The limitation of liability of paragraphs (1) and (2) shall apply mutatis mutandis also in favor of SEXTERMEDIA's employees and vicarious agents.
(4) Stored contents of the customers are foreign information for SEXTERMEDIA in the sense of the respectively valid telemedia law (in Germany the Telemedia Act applies), so that for the contents the legal liability privilege applies and SEXTERMEDIA does not assume liability for these contents.
§ 10 Rights of use and copyrights
(2) The erotic film works or motion pictures made available within the scope of the online service of SEXTERMEDIA may be used spatially, objectively and temporally only in the manner specified by the online service of SEXTERMEDIA, namely by way of streaming within the online service of SEXTERMEDIA. The erotic film works or motion pictures made available within the online service of SEXTERMEDIA may in particular not be copied, distributed, publicly accessible, changed, edited or otherwise used beyond the streaming.
§ 11 Miscellaneous / Final Provisions
(1) SEXTERMEDIA is entitled to commission third party service providers and vicarious agents with the provision of parts or the entire range of services of its online service or to transfer its business operations in whole or in part to third parties, provided that this does not result in any disadvantages for the customer.
(3) Place of jurisdiction and place of performance is Wilmington, Delaware.
Status of the GTC: 01.01.2022