TOS

GENERAL TERMS AND CONDITIONS FOR USE OF THE PAID SEXTERMEDIA ONLINE SERVICE
 
§1 Scope
(1) The following general terms and conditions form part of any contract between

(hereafter referred to as: SEXTERMEDIA) and the customer.
(2) SEXTERMEDIA provides its services exclusively on the basis of these general terms and conditions.
 
§2 SEXTERMEDIA Services / Subject Matter of this Contract
(1) SEXTERMEDIA runs an online pay service and provides the customer videos, movable gifs, photos and other materials with erotic content for exclusively private purposes, as well as other services related to erotic subjects. After registering and making the required payment, the customer may receive the services offered online by SEXTERMEDIA for the agreed contract duration. (2) Before using SEXTERMEDIA’s online services, registration (see §4) is required.
 
§3 Privacy
(1) The following is SEXTERMEDIA’s privacy statement. (2) The customer sends personal data to SEXTERMEDIA when completing and submitting an electronic form to register for and order SEXTERMEDIA services. (3) SEXTERMEDIA will use the personally-identifiable information provided by the customer (such as email address or credit card information) in accordance with the provisions of applicable data protection laws for billing purposes and to fulfil the terms of this contract. SEXTERMEDIA will collect, store and process the information provided by the customer exclusively for these purposes. SEXTERMEDIA uses cookies to process customer’s search queries and requests. (4) To fulfil this contract, the customer’s personally-identifiable information will be disclosed to SEXTERMEDIA’s payment service provider. The payment service provider is also required to use the customer’s personally-identifiable data exclusively in accordance with the provisions of applicable data protection legislation. (5) Data will be transmitted using secure socket layer (SSL) encryption technology. (6) The customer is entitled to demand at any time that their data be amended, blocked or deleted by sending an email to customerservice@sextermedia.com, unless such

changes would hinder the performance of this contract. (7) Beyond the aforementioned privacy policy, no personal data that has been communicated to SEXTERMEDIA shall be made accessible to a third party without the written content of the customer unless this must be done by legal or administrative order. (8) Once the contract has been completely fulfilled, including the full payment of all fees as agreed, the customer’s data will be deleted to the extent there is no legal obligation to retain the same, with the exception of any such data for which consent was given to be otherwise used. This data will no longer be available for further use. (9) If the customer wishes further information on the storage of their personal data or its deletion, blocking or modification, they may contact support at the email listed under (6) above.
 
§4 Registration
(1) Before using SEXTERMEDIA’s online services, registration is required. Registration for SEXTERMEDIA’s online services shall be payable in accordance with the price list in force at the time the contract is made. Registration creates a license agreement between the parties. SEXTERMEDIA will confirm receipt of the request for a license agreement by sending an email to the address provided during registration. This confirmation message will give the customer an access password. When the online account is activated, this also includes acceptance of the customer’s request for a license agreement. (2) Only natural persons who are of full age and have legal capacity in accordance with the regulations of their country of residence may register and enter into contracts with SEXTERMEDIA. By subscribing to the SEXTERMEDIA service, the customer expressly warrants that they are of full age and legal capacity in accordance with the regulations of their country of residence. (3) SEXTERMEDIA reserves the right to reject any registration requests at its discretion and without providing reasons for its decision. (4) To register, the customer fills out the electronic registration form on the SEXTERMEDIA online service and sends it on prescribed electronic path to SEXTERMEDIA. The data required for registration must be provided completely and truthfully. (5) Upon registration, the customer will choose a personal username. The access password will be created by SEXTERMEDIA. The username must not violate the rights of any third party or any other naming rights or trademarks, other applicable laws or good morals. The customer is obliged to keep the password secret and not to disclose it to third parties.
 
§5 Rules for the Use of the SEXTERMEDIA Online Service
(1) The customer shall immediately inform SEXTERMEDIA any time that their password becomes known to third parties and/or in case of any unauthorised use of their online account. (2) The customer is prohibited whilst using the SEXTERMEDIA service from infringing the rights of third parties, stalking or harassing third parties, or otherwise violating the law or common decency. In particular, the customer will refrain from: • disseminating statements with content that is offensive, harassing or violent; glorifies violence or incites rebellion; is

sexist, obscene, pornographic, racist, morally reprehensible or otherwise offensive or prohibited; • insulting, harassing, threatening, frightening, defaming or embarrassing another customer; • spying, disclosing or disseminating the personal or confidential information of other customers or of SEXTERMEDIA staff, or any other violation of the privacy of other customers or employees of SEXTERMEDIA, • disseminating untruthful allegations about race, religion, gender, sexual orientation, origin, social position of other customers or employees of SEXTERMEDIA; • spying, disclosing or disseminating confidential information about SEXTERMEDIA; • disseminating untruthful allegations about SEXTERMEDIA; • unauthorized use of legally protected images, photos, graphics, videos, music, sounds, texts, trademarks, titles, names, software or other content without the consent of SEXTERMEDIA or otherwise permitted by law or statute; • disseminating of statements with advertising, religious or political content; • the use of prohibited or illegal content;          • exploiting errors (bugs) in the programming; • undertaking measures that lead to overloading the servers and/or massively impacting the use of the online service for other customers; • hacking or cracking as well as promoting or inciting hacking or cracking; • disseminating pirated software as well as promoting or inciting the dissemination of pirated software; • uploading files that contain viruses, Trojans, worms or destroyed data; • using or dissemination automatic software programs, macros or other cheat utilities; • modifying the online service in whole or in part; • using software that enables data mining or otherwise captures or collects the information provided; • disrupting data transfers from and to the servers; • or hacking into the servers. (3) After permanently blocking or deleting a customer account or after the extraordinary termination of the license agreement, SEXTERMEDIA reserves the right to ban that customer from registering for the service in the future. (4) SEXTERMEDIA asserts its right to control the use of its online service and expressly reserves the right to block customer accounts without notice if the customer is in breach of any of the obligation set forth in (2) above or any otherwise applicable laws.
 
§6 Payment Terms
(1) Payment for the use of the SEXTERMEDIA online service for the contract duration selected by the customer shall be due immediately once the contract is established. As payment options, the customer may choose from credit card payment, EC direct debit or payment via the SOFORT payment service (https://www.sofort.com/ger-DE/). Only after receipt of the payment, will the paid SEXTERMEDIA online service be available to the customer. (2) All prices are retail prices including VAT. (3) If the customer is in default of payment, they shall pay SEXTERMEDIA interest at the rate of 5 percentage points above the base rate. (4) Section (3) notwithstanding, SEXTERMEDIA reserves the right to seek further damages for default and breach of contract. (5) The customer is only entitled to offset claims if the counterclaims are undisputed or have been court-ordered.

§7 Duration, Termination
(1) The license agreement between the customer and SEXTERMEDIA for the use of the online service will be agreed for one, three, six months or one year, depending on the option selected by the customer. The contract is automatically renewed for another period of the same duration if one party fails to provide one month’s written notice before the end of the month in which the current contract period is scheduled to expire. This applies to contracts having durations of three or six months or one year. For contract periods of one month, the contract will be extended by an additional month unless the customer terminates the agreement in writing two weeks before the end of the month. The foregoing notwithstanding, the customer also has the right to extend the contract for a longer period than that chosen when the contract was made by sending notice by post or email to the following address. To extend or terminate the contract, notice must be sent to:
By mail:

Paysite System Sextermedia
676A, 9th Avenue, Suite 106, New York
10036, U.S.A.NY 10036, USA

By fax: + 1 267 200 0253

By email: support@sextermedia.com

To ensure that the notice is properly assigned to the customer’s account, the following two pieces of data are required: • the email address, username or cipher stored at SEXTERMEDIA; and • the service password. (2) The right of the parties to terminate the user contract for cause shall remain unaffected by this provision. Cause for extraordinary termination exists in particular if the customer violates one of the obligations set forth in §5 and §11(2). In the event of a violation of any of the obligations set forth in §5, extraordinary termination without notice shall normally follow when the customer has failed to remedy the breach of duty within a reasonable timeframe as stated in the warning notice or if they commit the same or similar breach again. In the event of a particularly serious breach of one of the obligations set forth in §5(2) or any breach of the obligations set forth in §11(2), no warning before extraordinary termination without notice is necessary.
 

§8 Availability of Services / Benefits / Downtime / Maintenance
(1) The online service of SEXTERMEDIA is available 24 hours, seven days a week for 99.5% for the year. Excluded is any downtime due to maintenance and software updates as well as times when the service is not available due to technical or other problems beyond the control of SEXTERMEDIA, such as force majeure or actions caused by third parties, etc. To make full use of the SEXTERMEDIA online service, the customer must use the latest (browser) technologies or allow the use of the same on their computer (such as enabling JavaScript, cookies and pop-ups). The use of older or not commonly used technologies may limit the customer’s ability to use the SEXTERMEDIA online service. (2) SEXTERMEDIA reserves the right to change or expand its online service to the extent allowed and/or required by technical developments. SEXTERMEDIA agrees to make such changes only if they are reasonably acceptable to the customer and are in the interest of its customers. (3) With regard to the capacity limits, security and integrity of the servers or the implementation of technical measures, SEXTERMEDIA reserves the right to limit its services temporarily. SEXTERMEDIA agrees to limit services only to the extent reasonably acceptable to its customers and taking into account their interests. (4) If a system failure occurs that is not caused by the intentional or grossly negligent conduct of SEXTERMEDIA, its employees or agents, customers are not entitled to extraordinary termination or compensation for damages. (5) Any foreseeable and necessary disruptions to service for preventive maintenance or technical changes will be announced to customers within a reasonable time beforehand.
 
§9 Limitation of Liability
(1) With the exception of injury to life, body and health and the violation of essential contractual obligations (providing the online service), SEXTERMEDIA assumes liability only for those damages caused by its wilful misconduct or gross negligence. This also applies to consequential damages. (2) Any liability for damages other than the loss of life, limb or health or that caused by the intentional or grossly negligent acts of SEXTERMEDIA is limited to those damages that would be typically foreseeable at the time the agreement is made and is also limited to such average amounts as would be typical for contracts of this sort. This also applies to consequential damages. (3) The limitation of liability set forth in paragraphs (1) and (2) shall apply mutatis mutandis to the employees and agents of SEXTERMEDIA. (4) Customer data stored by SEXTERMEDIA are external data as defined by applicable telemedia law (in Germany, the German Telemedia Act); the liability privilege applies for this content and SEXTERMEDIA accepts no liability for such content.
 
§10 Rights of Use and Copyright
(1) In its relationship with the customer, SEXTERMEDIA is the sole legal owner or beneficial owner of the publication, reproduction, distribution, handling and all other copyright rights and the right of virtual transmission or reproduction of the SEXTERMEDIA online service as well as the individual content or services contained therein. The use of the SEXTERMEDIA online service and the content contained therein, namely the erotic films,

moving gifs, photos and other materials as well as trademarks, commercial names and other marks of SEXTERMEDIA is solely for the purposes specified herein. (2) The erotic films or moving gifs provided as part of the SEXTERMEDIA online service may only be used in time, space or in the manner prescribed on the SEXTERMEDIA online service, namely streaming within the SEXTERMEDIA online service. The erotic film work or moving images provided as part of the SEXTERMEDIA online service may not be reproduced , distributed, made publicly accessible, modified, processed or otherwise used beyond the SEXTERMEDIA streaming service.
 
§11 Miscellaneous / Final Provisions
(1) SEXTERMEDIA is entitled to engage third party service providers and agents to provide its online service in whole or in part or to transfer its business operations in whole or in part to third parties, provided that this will not create disadvantages for the customer. (2) Any changes or additions to these terms and conditions must be in writing. This also applies to the waiver of this requirement. (3) The law of the Federal Republic of Germany applies, with the exclusion of the UN Sales Convention. Mandatory provisions of the country in which the customer has their habitual residence, remain unaffected. (4) The contract language is German. (5) If the customer is a merchant, a legal entity under public law or a special fund organised under public law, or has no general jurisdiction in Germany or moves such domicile abroad after the contract is signed or the domicile is unknown at the time action is taken, the jurisdiction is and the place of performance shall be the headquarters of SEXTERMEDIA.
 
General Terms and Conditions / Last updated: 15.10.2014