GENERAL TERMS AND CONDITIONS
VISIT-X is an offering of VISIT-X B.V., Krijn Taconiskade 424, NL-1087 HW Amsterdam (hereinafter: “VISIT-X”). This is a directory service (hereinafter: “Service”) by which providers (hereinafter: “Providers”) may present themselves to the visitors of the website (hereinafter: “Users” or “you”) and enter into direct contact with them. The Providers offer Users various means – in some cases subject to payment – of exchanging data, with exchange of erotic content also being tolerated. The focus in this regard is on the paid video chats of the Providers arranged by VISIT-X.
CONTRACTUAL CONDITIONS BETWEEN VISIT-X AND THE USER
SCOPE AND AMENDMENTS
The General Terms and Conditions hereinafter shall apply to all services of VISIT-X offered to the Users within the scope of the Service. Providers shall be subject to separate terms and conditions.
VISIT-X may amend these General Terms and Conditions at any time. VISIT-X shall notify the User of the amended General Terms and Conditions after the User’s login on the website. The amendments shall take effect unless a written objection reaches VISIT-X no later than four weeks from User’s receipt of the notification. Upon notification of the amendments, VISIT-X shall inform the User separately of the consequences of failure to object.
AGE OF MAJORITY
The present offering is addressed exclusively to persons who have reached eighteen years of age and are deemed to have reached the legal age of majority in the country where they have their place of residence. Minors are excluded from using the Service.
SUBJECT MATTER OF THE OFFERING
VISIT-X shall make available the Service by which Providers and Users may enter into contact and exchange data. Arrangement of contact by the Service shall take place free of charge for the User. Moreover, VISIT-X enables the User to book a paid VIP package. Its current performance package shall be displayed on the website as part of the booking.
The services of the Provider are not services performed by VISIT-X for the User. Furthermore, VISIT-X shall not appropriate the content of the Providers as its own. If the User uses the service of the Provider, the contract shall be entered into exclusively and directly between the User and the Provider. VISIT-X shall assist the Provider in performing the existing contractual relationships between the User and the Provider.
In addition, VISIT-X shall offer the Users via the Service its own content, such as videos and images, for downloading.
VISIT-X may at any time involve subcontractors or other third parties for services in connection with the operation of the Service.
REGISTRATION AND ACCESS DATA
To use the Service, registration shall be required for the purpose of identifying the User as well as subsequently performing the contractual relationship with the Providers. For this purpose, the User shall choose a user name as well as a password (hereinafter: “Access Data”). Registration of the User shall be free of charge.
When registering as well as when making any other use of the Service, the User shall make truthful statements on his/her personal details. Changes in data shall be notified to VISIT-X in text form (e.g. e-mail) without undue delay or – after notification by phone – confirmed in text form in each case without undue delay.
Within the scope of the application proceedings, we are reviewing the conformity of the users banking information (only IBAN and BIC, no personal data) with the Return-debit Prevention Pool (RPP) by infoscore Consumer Data GmbH (ICD), Rheinstr. 99, 76532 Baden-Baden, Germany. The RPP holds the function of a lock file.
Please be informed that for the purpose of credit check we transmit the users name, address and birth date to infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, which provides us with information on the users previous payment behavior and information relevant to the evaluation of a payment default risk based on mathematicalstatistical methodology using address data (scoring).
The User shall protect the Access Data from access by third parties, in particular minors. The User shall bear the full responsibility for any use of the services arranged via the Service made with his/her Access Data. The User shall notify VISIT-X of, or – after notification by phone – confirm in text form to VISIT-X, the loss of the Access Data or of unauthorised access to the Access Data by third parties in text form (e.g. by e-mail) without undue delay.
VISIT-X shall be entitled at any time to block an access of the User to the Service without being required to state any grounds for such measure. This shall apply in particular if
the User is suspected of having provided false details upon registration,
the User has breached these General Terms and Conditions,
a criminal offense is suspected, or
the User has failed to perform his/her payment obligations towards VISIT-X or towards the Providers in accordance with the contractual terms and conditions under section II.
Both the User and VISIT-X shall have the possibility of defining via the Service individual limits (e.g. maximum amount in euros per month) for paid use of services of the Providers. VISIT-X points out to the User that, irrespective of limits on use agreed between the User and VISIT-X, the User’s payment services provider may subject the use of a means of payment to individual maximum amount limits.
VISIT-X CLIENT CARD
VISIT-X grants the User the possibility of acquiring a virtual client card (VISIT-X Client Card). The VISIT-X Client Card shall be deposited in the user section protected by the User’s Access Data.
After first being loaded by the User, the VISIT-X Client Card may be used by the User to pay the contracts entered into by means of the Service with the Providers authorised thereunder for the services offering authorised thereunder in the amount of account balance acquired through loading. In this connection, payment shall be made to campoint AG, Dr.-Hermann-Neubauer-Ring 32, DE-63500 Seligenstadt (hereinafter: “campoint”) since the Providers assigned all their receivables under the contracts with the User in advance to campoint. In addition, the VISIT-X Client Card may be used by the User to pay receivables of VISIT-X itself under contracts for the purchase of content in accordance with clause 3.3. The VISIT-X Client Card may not be used to make payments for other services of third parties.
The VISIT-X Client Card may be loaded by the User using the payment methods made available by VISIT-X in each case on the website up to an amount capped at EUR 150.00 in each case. The question of which payment methods shall be offered to the User shall be left to the duly exercised discretion of VISIT-X. The User may also be offered the option of payment by invoice. In this case, the User agrees to electronic invoicing. Certain payment methods for loading the VISIT-X Client Card are subject to fees. The current prices and fees for the services of VISIT-X in connection with the loading of the VISIT X Client Card are each shown on the website. However, the User shall always be offered at least one common and reasonable free payment method. Payments shall be made to campoint. In the event of payment by way of SEPA Core Direct Debit scheme, the User shall be informed in advance of the direct debit no later than one day prior to the due date. As soon as the payment has been received by campoint, the VISIT-X Client Card shall be credited with a balance in euros equal to the value of the User’s payment. Under the user section, the User can view his/her current balance. Without prejudice to clause 5.6, repayment of the balance is excluded.
To draw on the balance, the User, when entering into a contract for a Provider service, shall choose his/her VISIT-X Client Card as payment method. The amount owed for the specific service shall be deducted from the balance of the VISIT-X Client Card. Balances acquired by a loading of older date shall be debited by priority compared with a balance acquired by a loading of more recent date.
The balance on the VISIT-X Client Card may be drawn on for a period of three years as of the end of the year in which the User acquired the balance by loading his/her VISIT-X Client Card. The balance shall be forfeited once this time limit has expired.
In the event of the User’s access being blocked by VISIT-X in accordance with clause 4.5, VISIT-X, at User’s request in text form (e.g. e-mail), shall pay out to the User any balance remaining on the VISIT X Client Card, after presentation of ID, cashlessly into an account of the User kept with a credit institution in the SEPA area provided that no legal grounds against such payment exist. The User shall furnish VISIT-X with a right of pledge in the payment claims accruing to the User under this 5.6. The pledge shall be furnished as security for all existing and future claims, including contingent claims, to which VISIT-X has against the User under this Agreement. VISIT-X accepts the furnishing of the pledge.
USER’S DUTIES OF CONDUCT
The User has an obligation to conduct himself/herself in a lawful manner.
Particularly in connection with the use of the Service, the User shall not
store any content, post any content to the Internet, offer or procure access to any content or promote any content that is in violation of provisions of criminal, narcotics, drugs or weapons legislation;
(a) post to the Internet, offer or procure access to any images, video or live sequences which show either minors or animals and/or objects which are generally associated with minors or animals, or which are otherwise in violation of the provisions on protection of youth and of animal welfare.
Use of personal data
Each User shall make responsible use of all personal information that he/she receives in connection with the user of the Service.
The User is prohibited from exchanging personal data with the Provider to use or disclose the same for making contact with the Providers by other means.
Prohibition on advertising
The User shall refrain from undertaking any advertising measures in connection with the Service. The User shall notably be prohibited from soliciting Providers or other Users for his/her own offerings or offerings of third parties. Solicitation of Users shall be deemed to be any conduct by which Users are made aware of services of Providers or third parties which are not offered via the Service. In this regard it does not matter whether such conduct constitutes attempted or successful solicitation.
User’s liability, access blockage
In the event contravention of duties of conduct of this clause 6, VISIT-X may block access of the User immediately pursuant to clause 4.5(b).
VISIT-X explicitly points out to the User that in the event of violations of the foregoing obligations which are attributable to the User, damage and cease-and-desist claims may be asserted by VISIT-X.
Reservation of review
VISIT-X reserves the right to use suitable means to monitor compliance with the above obligations giving due regard to the applicable provisions of data protection law.
Remuneration and invoicing
VISIT-X offers the Users a VIP package subject to fees. VISIT-X reserves the right periodically to adjust the services and prices relating to the VIP package. In each case, current prices are displayed on the website. In addition, VISIT-X offers the User the acquisition of content subject to fees pursuant to clause 3.3.
The due date of fees for the VIP package depends on the date when the VIP package is entered into. The fees for the acquisition of content pursuant to clause 3.3 shall fall due on performance of the service. The User may make the payment using one of the payment methods displayed on the website. The question of which payment methods shall be offered to the User shall be left to the duly exercised discretion of VISIT-X. The User may also be offered the option of payment by invoice. In this case, the User agrees to electronic invoicing. Certain payment methods are subject to fees. The current prices and fees for the services of VISIT-X in connection with the payment of the fees are each shown on the website. However, the User shall always be offered at least one common and reasonable free payment method. Payments shall be made to campoint. In the event of payment by way of SEPA Core Direct Debit scheme, the User shall be informed in advance of the direct debit no later than one day prior to the due date.
REVOCATION AND TERMINATION
You are entitled to revoke the contract on the purchase of the VIP package, the loading of the VISIT-X Client Card and/or on the purchase of content pursuant to clause 3.3 within fourteen days without stating any grounds. The revocation period is fourteen days from the date when the contract is entered into.
To exercise your right of revocation, you must inform us VISIT-X B.V., Krijn Taconiskade 424, NL-1087 HW Amsterdam, E-Mail: firstname.lastname@example.org, Phone: 00 800 300 000 77) by means of a clear notice (e.g. letter sent by post, fax or e-mail) about your decision to revoke such contract. For this purpose you may use the attached sample revocation form, which however is not required. (link to sample revocation form)
To observe the revocation period, it is sufficient for you to send the notice on the exercise of the revocation right before expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we are required to refund you all payments we have received from you, including the delivery costs (with the exception of any additional costs arising from your choice of a type of delivery other than the favourable standard delivery option offered by us), without undue delay and no later than within fourteen days from the date when the notice on your revocation of this Agreement has reached us. For such refund, we shall use the same means of payment used by you in the original transaction, unless expressly agreed otherwise with you; under no circumstances shall we charge you any fees for such refund.
If you have requested that a service should commence during the revocation period, you shall pay us a reasonable amount equal to the proportion of the services already provided up to the time when you inform us of the exercise of the revocation right in respect of this Agreement as compared with the total scope of the services contemplated under the Agreement.
End of instruction on right of revocation
Right of termination
The User as well as VISIT-X may terminate the VIP Package, without any grounds for termination being stated, at any time up to one week prior to the due date for the next contribution. Termination must be given in text form. The right to give notice of extraordinary termination for good cause shall not be affected thereby. Termination of the VIP Package moreover shall not affect the User’s access to the Service as such.
VISIT-X shall be liable only for damages attributable to wilful intent, gross negligence, injury to life, limb or health, breach of a cardinal obligation or of a warranty. In the event of a cardinal obligation being breached as a result of simple negligence, VISIT-X shall be liable only to the extent it was reasonably possible to foresee the occurrence of the damage when the contract was entered into, in which case liability shall be limited to an amount of EUR 5,000.00. Cardinal obligations within the meaning of this clause 9 are obligations whose performance enables the orderly offering of the Service in the first place and on whose observance the User may normally rely, in particular the obligations in clause 3.1.
Without prejudice to clause 9.1, VISIT-X shall not be liable for losses of data and changes of data, transmission errors, display errors, data delays, acts of other Users in breach of contractual provisions, or for circumstances that fall within the scope of responsibility of third parties or were caused by force majeure. Moreover, VISIT-X shall not be liable for the limits initiated by the User within the meaning of clause 4.6.
The foregoing liability provisions shall apply mutatis mutandis to claims against employees and authorised agents of VISIT-X.
The limitations of liability of this clause 9 shall not apply in the case of liability on the part of VISIT-X by reason of mandatory statutory provisions.
VISIT-X shall use the data transmitted by the User exclusively for the purpose of justifying the contractual relationships and the performance and settlement of the services of the Providers arranged via the Service as well as the contracts on the purchase of content pursuant to clause 3.3. The data transmitted may additionally be used for marketing purposes. When gathering, processing and using personal data of the User, VISIT-X undertakes to comply with the applicable data protection provisions. No personal data of the User shall be disclosed to the Provider, just as no personal data of the Provider shall be disclosed to the User.
In the event of any conflict between the German version of these terms and conditions and the translation in any other language, the German version shall prevail.
If any provision of this Agreement is invalid or unenforceable, this shall have no effect on the other provisions. The User and VISIT-X already now agree to replace invalid or unenforceable provisions by valid and enforceable provisions that approximate as nearly as possible the commercial intent of the provision replaced.
CONTRACTUAL CONDITIONS BETWEEN THE PROVIDER AND THE USER
By clicking on the service offered by the Provider, the User accepts the Provider’s General Terms and Conditions of Use below (Contractual Conclusion). Contractual Conclusion shall take place directly between the User and the Provider. VISIT X shall act exclusively as the broker and messenger.
The offering by the Provider via the Service is not a legally binding offer. The Provider shall be free to choose his/her contractual partners as well as to choose and define the contents of his/her services.
SUBJECT MATTER OF THE OFFERING
The Provider offers users, via the Service under his/her Provider profile, services in the form of (video) chats, messages or telephone contact. These services shall not be automated but provided in real time by means of personal human communication between the Provider and the User.
OBLIGATIONS FO THE PARTIES
The User undertakes to use all data obtained via the Service exclusively for his/her private purposes. The User shall be prohibited from making any commercial or non-commercial use of data obtained via the Service, regardless of the form, as well as from otherwise disseminating such data.
The User as well as the Provider undertake to treat as confidential all personal data of the other which they have obtained via the Service.
FEES AND PAYMENT TERMS
Use of some offerings of Providers via the Service is free of charge. The paid services are priced. Pricing shall be performed by the Provider either in the form of a fixed price or by specifying a price for each minute commenced. In the latter case, the price shall be determined by the actual duration of use.
The Provider informs the User that he/she has assigned to campoint all existing or future fee claims under contracts with the Users as well as claims for damages. The User therefore may perform with discharging effect only to campoint. For invoicing, the data of the Users required for this shall be transmitted to campoint.
Payment shall be due immediately when the service is provided. The User may make the payment using one of the payment methods displayed on the website. The question of which payment methods shall be offered to the User shall be left to the duly exercised discretion of campoint. The User may also be offered the option of payment by invoice. In this case, the User agrees to electronic invoicing. Certain payment methods are subject to fees. The current prices and fees for the services of campoint in connection with the payment are each shown on the website. However, the User shall always be offered at least one common and reasonable free payment method. In the event of payment by way of SEPA Core Direct Debit scheme, the User shall be informed in advance of the direct debit no later than one day prior to the due date.
The Provider shall be liable only for damages attributable to wilful intent, gross negligence, injury to life, limb or health, breach of a cardinal obligation or of a warranty. In the event of a cardinal obligation being breached as a result of simple negligence, the Provider shall be liable only to the extent it was reasonably possible to foresee the occurrence of the damage when the contract was entered into, in which case liability shall be limited to an amount of EUR 5,000.00. Cardinal obligations within the meaning of this clause 5 are obligations whose performance enables the orderly execution of the contract in the first place and on whose observance the User may normally rely, in particular the obligations in clause 3.
The foregoing liability provisions shall apply mutatis mutandis to claims against vicarious agents (Erfüllungsgehilfe) and authorised agents of the Provider.
The limitations of liability of this clause 5 shall not apply in the case of liability on the part of the Providers by reason of mandatory statutory provisions.
The Provider shall use the data sent by the User exclusively for performing and settling the services arranged via the Service. When gathering, processing and using personal data of the User, the Provider undertakes to comply with the applicable data protection provisions.
In the event of any conflict between the German version of these terms and conditions and the translation in any other language, the German version shall prevail.
If any provision of this Agreement is invalid or unenforceable, this shall in no way affect the other provisions. Provider and User already now agree to replace invalid or unenforceable provisions by valid and enforceable provisions that approximate as nearly as possible the commercial intent of the provision replaced.
Last updated: 30 October 2015