General terms and conditions for using the portal Website name (GTC)
The following terms and conditions govern the conditions for the use of the services of the portals "Klingelanzeigen.de", Taschengeld.date and sofort.date (hereinafter referred to as "portals") of Capsicum Marketing GmbH, Keibelstraße 38, 10178 Berlin (hereinafter referred to as "provider" designated). They apply to all natural persons and entrepreneurs who register on the portal of the provider in order to place so-called ringing advertisements (hereinafter referred to as "advertiser" or "advertiser").
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Pocket Money.date displays ads from advertisers who occasionally offer erotic contacts with or without financial interests. The Instant.date portal displays ads from advertisers who offer erotic contacts with financial interests. The assignment of the advertisement takes place first by the advertiser, finally however in the fair discretion by the offerer.
Any conflicting terms and conditions of advertisers only apply if the provider has explicitly accepted them in text form.
The provider reserves the right to change these terms and conditions at any time. In the case of adaptation or change of the Terms and Conditions, these will be sent to the Advertiser to the e-mail address provided by him as part of his registration. If the advertiser does not object to the validity of the changed terms and conditions within four weeks after receipt of the e-mail in text form, the changed terms and conditions shall be deemed accepted and shall come into effect with effect towards the advertiser. The provider will separately inform the advertiser in the e-mail containing the changed terms and conditions of the legal consequences of non-compliance with the aforementioned deadline. If the advertiser makes use of his right of objection or if the deposited e-mail address is invalid, the previous terms and conditions will continue, whereby the provider reserves the right to cancel the registration of the advertiser.
2. Portal services of the provider
The provider makes the portal available on the Internet and enables the advertiser to activate, deactivate and move up in its position on the list of advertisements of the portal ads stored by it in the portal in accordance with the following provisions for publication and retrieval by third parties (hereinafter referred to as "portal services"). The use of certain portal services is subject to charge in accordance with the numbers 5 and 6 of these terms and conditions.
The portal services are aimed exclusively at persons of legal age and may only be used by them.
The provider publishes the advertisements in accordance with the data protection declaration of consent issued by the advertiser as part of his registration and makes the retrievability of these advertisements by third parties possible. Advertisements are published by the provider on the portal's list of advertisements and on any other suitable media available to them. Suitable media in this sense are all other Internet portals and websites of the provider, including his accounts in social networks and Internet portals and websites of his partners, as far as the publication on the aforementioned media in each case by the privacy statements submitted by the advertiser in the context of his registration is covered.
3. Registration as advertiser and advertiser account3.1 Registration
To save an advertisement in the advertiser area of the portal and to be able to use the portal services for this, it requires a single registration as an advertiser and the creation of a password-protected user account (hereinafter referred to as "advertiser account") on the portal. For this the indication of the first and last name as well as a valid telephone number and e-mail address of the advertiser in the registration form provided by the provider is necessary. The advertiser's ad can only be published after verifying the given phone number and email address. For this purpose, a verification link will be sent to the advertiser for the e-mail address by e-mail. For the telephone number is a first activation by short-dial SMS or alternatively using a prepaid credit for sending SMS to a designated for this purpose long dial number. necessary. The advertiser will be informed about the activation by e-mail or SMS.
The provider may make use of certain portal services or individual related functions as well as the extent of their use by the advertiser, insofar as necessary for the corresponding provision, by specifying further data, e.g. a valid billing address.
If the registered data is changed, these must be updated by the advertiser without delay.
A registration can be terminated by the advertiser at any time without giving a reason. When you finish signing up, all of the advertiser's enabled ads will be removed from the portal's list of ads and the advertiser's account will be disabled. To complete the registration, the advertiser sends an e-mail to firstname.lastname@example.org Access to the Advertiser Account
An advertiser's account can not be transferred to third parties. Access data for the advertiser account may not be disclosed to third parties.
The advertiser must take the measures that are reasonable for him to prevent the misuse and use of his advertiser account by third parties. This includes the use of a sufficiently secure password and the storage of access data in a location that is inaccessible to third parties. If third parties have gained access to the advertiser account or if the advertiser has evidence of possible misuse or use of his advertiser account by a third party, the advertiser is obliged to change his password immediately.
The Provider is not liable for damages resulting from unauthorized access to the advertiser's account by third parties, subject to the provisions of Section 15 of these Terms and Conditions.
4. Conclusion of contract and duration of the user agreement
By submitting the data required for registration, the advertiser makes an offer to conclude an agreement on the use of the portal with the provider in accordance with the provisions of these terms and conditions. Only full-year, fully-capable advertisers are entitled to submit corresponding contractual offers.
With the activation of the advertiser account by the provider, a corresponding user agreement is concluded between the advertiser and the provider.
The user agreement ends upon the completion of the advertiser's registration by the advertiser or the provider. The advertiser account concerned, including the data and advertisements stored by the advertiser, will be deleted by the provider no later than 6 months after the end of the user agreement. This does not apply to such data which the provider is legally obliged to keep or whose other storage he has a legitimate interest in, e.g. to be able to prohibit a re-registration of a blocked advertiser in accordance with clause 9.4 of these terms and conditions.
5. Individual portal services and booking time5.1 Enable ads
Advertisers may activate their ads for a fee of up to 8 hours for the publication as agreed by the provider (hereinafter referred to as "booking time"). If the advertiser has selected an indefinite term of advertisement in the advertiser area, the operator can automatically extend the term at its discretion. New images of an ad are published after their release by the provider in accordance with Section 9.1 of these Terms and Conditions, which means under certain circumstances only after activation of an advertisement.
The activation of advertisements takes place via short-dial SMS or alternatively using a prepaid credit for the sending of SMS to a designated for this purpose long dial number. In the SMS, the keyword Bell [/ b] is to be given the ad ID.
The ad last activated by an advertiser automatically appears at the top of the ad list of the portal, until another advertiser activates his ad or returns to the first position in the ad list according to the following provisions on the "Move Up" feature selection.
On the portal Taschengeld.date, only one ad per advertiser may be activated. Previously enabled ads with the same phone number will be automatically disabled after the new ad is activated.5.2 "push up" sedcards
An ad can be pushed up to 3 times in an hour, that is, put back to the top of the portal's ad list. This is paid for by short-dial SMS or alternatively using a prepaid credit for sending SMS to a designated for this purpose long-dial number. In the SMS, the ad ID must be specified.
Insofar as and as long as an advertiser has a prepaid balance, they can use schedules to automatically push up an ad at set times. Schedules can be set up in the advertiser section of the portal.
If an advertiser pushes up his ad within the original booking time, a previous activation / move of the same ad will be replaced, regardless of the remaining booking time, and the 8 hour booking time will begin to run again. There is no credit for the unused booking time of a previous activation / move.5.3 Disable sedcards
The advertiser can disable his ad at any time through the appropriate feature selection in the advertiser section of the portal. In case of deactivation by the advertiser before the end of the booking period, no credit will be taken for an unused booking time.
Deactivated advertisements are no longer published by the provider, ie they are no longer available to third parties, with the actual suppression usually not occurring at the same time as the deactivation but occurring with the next system update.
Deactivated ads remain stored in the database of the portal and can be activated by the advertiser at any time for a fee.
6. Fees, billing and expiry of credits6.1 Fees
Activation and promotion of advertisements are subject to a charge. For the use of the respective portal services apply when using a speed-dial SMS, the current pricing rules of the mobile operator of the advertiser, when using a prepaid credit the applicable pricing rules of the provider at the time when the prepaid credit is charged.
If an advertiser uses a short-code SMS incorrectly, for example by entering a flawed keyword or a bad ad ID, they are not entitled to a refund or free replay of that portal service.6.2 Billing when using short-dial SMS
The billing of short-term SMS via the respective provider of the advertiser. In this case, the provider receives a commission from the provider and does not collect any invoice data of the advertiser. The billing to the provider is carried out by the provider or by a contracted by him reseller.6.3 Billing when using prepaid credit
In order to be able to charge a prepaid credit for the sending of SMS to a long-range number for the use of fee-based portal services, the advertiser must provide the vendor with a valid billing address. The Advertiser may be charged a prepaid credit balance by transfer to the business account of the Provider, by cash deposit at the premises of the Provider in Berlin and, if the technical conditions are met, via the Giropay online payment method. The billing is carried out by the provider or by a contracted by him reseller.
Unused prepaid credit expires at the end of the statutory limitation period. Subject to the provisions of clause 9 of these Terms and Conditions, the Advertiser shall be entitled to a refund free of any existing and not yet expired prepaid credit in the event of termination of his registration. For this purpose, a recipient account must be specified at the end of the registration.
There is no refund claim for any credits from bonus promotions, vouchers or comparable credits. It expires with the completion of the registration.
7. Advertising requirements7.1 General requirements
Advertisers can save ads with or without financial interests on the portal.
Ads may be stored by natural persons when they are over 18 years of age.
Ads may only be saved for the purpose of an erotic contact. In particular, this does not permit the use of the advertisement for advertising other than erotic services, products or events of any kind.
For this purpose, the advertisement consists of a name, a description and at least one, but a maximum of 4 photos of the advertiser and is supplemented by details of preferences and body characteristics of the advertiser (texts and images hereinafter referred to as "content"). The advertiser may only use pictures in which he himself and no third persons are depicted.
Only legitimate ads may be stored.
The contact is made exclusively via the phone number provided by the advertiser during registration.7.2 Illegal Ads
The content of advertisements must always be written in such a way that they do not violate German law. In particular, the advertiser has to pay attention to the interests of the protection of minors.
Ads with the following contents and / or for the following purposes are generally prohibited:
- Content that is directed to minors or gives the impression that the advertiser is a minor, in particular images containing items that imply that the advertiser is a person (s) Minors could act,
- Content that includes words that are found on the Berlin List u,
- Advertisements for third parties if they are unable to understand the content of the advertisement or if advertisements are to be published without their consent,
- Content regarding services in forced or distressed situations,
- Violence as well as violence-glorifying, political or racist content,
- Pictures on which several persons are recognizable as well as pictures with animals,
- Promoting or pointing to unprotected sexual services, having sex with pregnant women, gang bang with more than one woman, rape gang bang or sexual flat rate deals,
- Content that offends good manners,
- Links to other websites, whereby the linking to Maxi-Sedcards of BERLINintim as well as to profiles referring to a personal sedcard at BERLINintim remain admissible,
- Advertising for Internet portals and websites comparable to the portal and for products or services of third parties comparable to the portal services,
- Advertising for and referring to clubs, room rentals or escort agencies or similar facilities and service providers,
- Offers for permanent or regular paid erotic contacts,
- Contact details in the text and in the pictures, in particular corresponding references and links to addresses, e-mail addresses, telephone numbers other than those specified for the contact, as well as user names or nicknames in social networks as well as comparable contents, which are based on contacting the advertiser via external messengers (eg Skype, WhatsApp, Telegram) or so-called premium telephone services,
- Content that violates the rights of third parties, in particular copyrights - including the right to publish images - and personal rights, as well as the use of brand names or comparable trademarks that the Advertiser is not entitled to use;
- false, misleading, fraudulent or deceptive claims as well
- Content that violates the law.
8. Further duties of the advertiser8.1 Obligations in connection with the writing of advertisements
The advertiser agrees
- in making an advertisement, in particular in the context of the description and in terms of its preferences and physical characteristics, to provide truthful and complete information,
- To mark pictures with the name or sign of the author and to prove his right of ownership upon request as well as
- when saving an ad click on the button "Private without financial interests" only if no financial interests are actually tracked with the ad.
The advertiser agrees
- Accepting calls personally via the telephone number provided by him for the purpose of establishing contact, whereby appointments in particular may not be agreed by agencies, drivers or other third parties,
- To treat confidentially any information that may be obtained from other advertisers or users of the portal that it receives in connection with the use of the portal services and not to pass it on to third parties or otherwise make it available to third parties without their consent;
- to use the contact data of other advertisers provided via the portal exclusively for contractual contact and in particular not for the purpose of sending advertising.
In addition, the advertiser is obliged to refrain from all actions that go beyond the intended use of the portal and the portal services specified in these terms and conditions, or could endanger the provision or safe operation of the portal or the interests of other advertisers and users of the portal.
In particular, the advertiser is obliged to refrain from
- with technical aids and automated applications, e.g. Spider, Crawler or Scraper to access the ad list of the portal and to collect content, especially other advertisers, as well
- to expose the portal to excessive burden or otherwise limit or jeopardize the provision of the portal services
9. Responsibility for advertisements and legal consequences for violations9.1 Responsibility of the advertiser and limited review of content by the provider
The advertiser is solely responsible for the content of his ads.
In principle, the provider does not undertake a review of the content stored by the advertisers and therefore does not guarantee the accuracy, appropriateness and quality of the advertisements.
Exempted from this is the youth protection examination of the images of the advertiser stored for an advertisement, which must be classified and released by an administrator of the provider prior to its publication. The release is typically 24 hours, but may, exceptionally, take longer depending on the amount of workload of the administrators (e.g., due to a variety of newly saved advertisements).
A further examination of the pictures by the offerer, in particular an examination, whether the pictures or their publication hurt rights of third, is not connected with this. However, the provider reserves the right to randomly check whether the images uploaded by the advertisers represent so-called "fakes", ie whether the person shown in the pictures is actually the advertiser or third-party images were used.9.2 Guarantees of the advertiser
The advertiser guarantees that
- he himself is photographed on the images he has posted in the provider's database,
- he has all necessary rights with regard to the content posted by him on the portal of the provider,
- the contractual use and / or utilization of these contents does not conflict with any third party rights (for example the right to own pictures, copyrights, naming rights, trademark rights or other trademark rights of third parties) and
- the content does not violate these terms and conditions or legal provisions.
The liability of the advertiser in the event of a breach of the aforementioned guarantees is governed by clause 15 of these GTC.9.3 Rights of the Provider in case of Violations
In the presence of a legitimate interest of the provider or third parties and taking into account the interests of the advertiser, the provider reserves the right to reject the activation or publication of ads or individual content or to deactivate or delete already activated ads or individual content. This is expressly considered if the images used for an ad are "fakes" within the meaning of Section 9.1, an advertisement or a specific content violates other provisions of these GTC, legal requirements or rights of third parties.
In case of repeated or particularly serious infringements, e.g. violate the law, the provider may temporarily or permanently block the advertisers from saving advertisements or exclude the use of the portal services by terminating the registration process.
Any claims of the advertiser against the provider because of one of the aforementioned measures are excluded. Any fees already paid for the use of portal services for the advertisement in question will not be reimbursed.9.4 Procedure for criminally relevant advertisements and misuse of portal services
If the provider becomes aware of criminally relevant advertisements or misuse of the offered portal services by an advertiser, he is entitled to collect and use advertiser data in compliance with legal requirements and will contribute to the investigation of any possible criminal offenses.
In the event of termination of registration for violations of the law, the Provider reserves the right to store the telephone number provided by the Advertiser concerned for a period of 2 years in order to block the re-registration of the same advertiser under this telephone number in order to prevent similar breaches.
It is expressly pointed out that if the requirements of the relevant legal provisions are met, the provider is obliged to secure relevant data of the advertiser such as advertising content, contact data, access data or connection data on request and to pass them on to the competent law enforcement agencies.
10. Indications of infringing advertisements
The provider respects the rights of third parties and will prevent infringing ads that have been set by advertisers, as best as possible.
If there is a violation of the rights of third parties in the room (for example, a violation of the right to own picture and name or trademark rights), the provider asks advertisers for immediate notification of the following information if available:
- Mention and description of the objectionable advertisement,
- Address, telephone number and e-mail address of the person concerned or the legal representative or an authorized representative,
- a statement by the person concerned that the ad complained of violated his rights,
- a brief explanation as to why the ad violates his rights as well
- appropriate proof of the affected own rights, for example by documents or, if necessary, by submitting an affidavit, that the aforementioned information applies.
The information listed above must be sent to the provider by e-mail to email@example.com. The Provider will promptly investigate any serious breach of law and take the appropriate legal action.
11. Rights granted to content
By storing an advertisement in the advertiser area of the portal, the advertiser grants the provider, for the purpose of providing and executing the portal services, a non-exclusive right to use and exploit the contract in accordance with the terms of the content belonging to the advertisement.
The aforementioned granting of rights extends to all known and future types of use and exploitation and includes in particular the rights of reproduction, publication, distribution, transfer and sub-licensing to third parties, translation, processing - including the use and exploitation of any resulting Results - as well as the use and exploitation of the contents in parts. The right to edit allows the provider to modify the content while respecting copyright and personal rights. The right to publish allows the provider to publish content in whole or in part on other websites in order to increase the reach of an advertisement for the respective booking period of the relevant advertisement in accordance with the data protection declaration of consent issued during the registration process.
The aforementioned granting of rights is limited in terms of space and time until the completion of the registration by the advertiser.
12. Rights to the database
All rights (copyrights, trademarks and other proprietary rights) to the database works created for and in connection with the portal, databases as well as other collections of content, data and other independent elements provided by the user are exclusively owned by the provider. Any rights of the advertisers to the individual content they have posted in each case remain unaffected.
The contents of the aforementioned databases, database works and collections of the provider may not be used in whole or in part for the construction of comparable data collections - regardless of which media form - or for commercial exploitation of the associated content, data and other independent elements including any information distributions.
The integration or other linking of the aforementioned databases, database works or collections or individual elements thereof with comparable data collections or meta-databases is inadmissible.
The protection of the data of the advertisers has the highest priority for the provider.
The processing of personal data, including the collection and deletion of such data by the provider as well as by third parties commissioned by him in accordance with the relevant data protection regulations and in the context of the registration of the consent of the advertiser.
14. Liability14.1 Liability of the provider
The provider is obliged to reimburse fees already paid, as far as fee-based portal services due to a fault that is within the sphere of influence of the provider, not or not for the entire booking time are executed. The reimbursement is made at the discretion of the advertiser in the form of a prepaid credit or by a free replay of the booked portal service for the advertiser.
Incidentally, the claims of the advertiser for damages against the provider, regardless of the legal basis, excluded, unless the provider, its legal representatives or vicarious agents intentional or gross negligence to blame; in the event of a breach of essential contractual obligations, the fulfillment of which the Advertiser regularly trusts and trusts in the proper performance of the contractual relationship, the Provider shall also be liable for other negligent conduct, but only up to the amount of the foreseeable damage typically resulting from the breach of such obligation , The liability of the provider for damage to life, limb and health as well as liability under the Product Liability Act remain unaffected by the aforementioned restrictions.
Claims for damages against the supplier expire after one year from the beginning of the statutory limitation period.
The aforementioned limitations of liability also extend to the employees, vicarious agents, legal representatives and shareholders of the provider as well as to affiliated companies within the meaning of § 15 AktG.14.2 Liability of the Advertiser
The advertiser indemnifies the user against all claims of third parties, which assert these against the provider due to a violation of their rights by the content posted by the advertiser in the portal. This applies in particular if the advertiser is in breach of the guarantees listed under point 9. The right to an exemption does not exist if the advertiser is not responsible for the infringement.
Incidentally, the liability of the advertiser towards the provider is governed by the statutory provisions.
15. Final provisions
If the provider does not enforce certain provisions of these terms and conditions, he does not waive the right to do so at a later date.
The Provider reserves the right to transfer all or part of its rights and obligations under these Terms and Conditions to a third party with a notice period of 4 weeks. In this case, the advertiser is entitled to terminate his registration and thus all contractual relationships with the provider.
These terms and conditions are subject to the law of the Federal Republic of Germany. If an advertiser is a consumer, then the mandatory consumer protection provisions of the state in which the advertiser has his habitual residence shall apply, provided that they afford the advertiser further protection.
If an advertiser is a merchant within the meaning of the HGB, Berlin is the exclusive place of jurisdiction for all disputes arising out of and in connection with these terms and conditions. For all disputes with consumers arising out of or in connection with these Terms and Conditions, Berlin is the additional place of jurisdiction.
The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 para. 1 no. 1 VSBG).