General terms and conditions for the use of the Erodate Berlin portal (GTC)
The following terms and conditions regulate the conditions for the use of the services of the portal “erodate-berlin.de” (hereinafter referred to as “portal”) of Capsicum Marketing GmbH, Scharnhorststr. 24, 10115 Berlin (hereinafter referred to as „provider“). They apply to all natural persons and entrepreneurs who register on the provider’s portal in order to be able to place online advertisements there (hereinafter referred to as „advertiser“).
Online advertisements on Erodate Berlin are advertisements for erotic contacts with financial interests that are stored on the portal by an advertiser (hereinafter referred to as „advertisement“ or „advertisements“) and can be accessed by third parties after they have been published for a fee.
Any conflicting general terms and conditions from advertisers only apply if the provider has specifically accepted them in written form.
The provider reserves the right to adapt or change these terms and conditions at any time. In the event of an adjustment or change to the terms and conditions, these will be sent to the advertiser to the email address provided by him during registration. If the advertiser does not object to the validity of the amended terms and conditions in written form within four weeks of receiving the email, the amended terms and conditions are deemed to have been accepted and come into effect. The provider will separately inform the advertiser of the legal consequences of non-compliance with the aforementioned deadline in the email containing the amended terms and conditions.
2. Portal services of the provider
The provider provides the portal on the Internet and enables the advertiser to activate and deactivate advertisements stored by him in the portal in accordance with the following provisions for the purpose of their publication and accessibility by third parties and to move them up in their position on the portal’s advertisement list (hereinafter referred to as „portal services“). The use of certain portal services is chargeable in accordance with Clauses 5 and 6 of these GTC.
The portal services are aimed exclusively at people of legal age and may only be used by them.
The provider publishes the advertisements in accordance with the data protection declaration of consent given by the advertiser during registration and enables these advertisements to be accessed by third parties. Advertisements are published by the provider on the portal’s advertisement list and on all other suitable media available to him. Suitable media in this sense are all other internet portals and websites of the provider, including his accounts in social networks, provided that publication on the aforementioned media is covered by the declaration of consent given by the advertiser in the course of his registration.
3. Registration as an advertiser and advertiser account
In order to save an advertisement in the advertiser’s area of the portal and to be able to use the portal services, a one-time registration as an advertiser and the establishment of a user account protected by a user name and dynamically generated access code (hereinafter referred to as „advertiser account“) on the portal is required . For this purpose, the first and last name, the adress as well as a valid telephone number and e-mail address of the advertiser are required in the registration form provided by the provider. The advertiser account will only be activated for further use by the provider after the telephone number has been verified. For this purpose, a verification code will be send via SMS to the advertiser, which must then be entered in the advertiser’s area of the portal. After the completion oft the required data the advertiser will be informed of the activation by email.
The provider can make the use of certain portal services or individual associated functions as well as the extent of their use by the advertiser, insofar as necessary for the corresponding provision, dependent on the specification of further data, e.g. a valid billing address.
If the registered data is changed, it must be updated immediately by the advertiser.
Registration can be terminated by the advertiser at any time without giving a reason. For termination of the registration an email to email@example.com is sufficient. The e-mail must be sent from the e-mail account that the advertiser entered as a valid contact address in his advertiser area.
3.2 Access to the advertiser account
An advertiser’s account cannot be transferred to a third party. Access data for the advertiser account may not be passed on to third parties.
The advertiser must take reasonable actions to prevent the misuse and use of his advertiser account by third parties. This includes storing the access data in a location inaccessible to third parties. If third parties have received access to the advertiser account or if the advertiser has indications of any misuse or the use of his advertiser account by a third party, the advertiser is obliged to change his access data immediately.
Subject to the provisions of Section 15 of these GTC, the provider is not liable for damage resulting from unauthorized access to the advertiser’s account by third parties.
4. Conclusion of contract and duration of the user agreement
By sending the data required for registration by clicking on the “Register” button in the online registration form, the advertiser submits 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 adult advertisers with full legal capacity are entitled to submit corresponding contractual offers.
With the activation of the advertiser’s account by the provider, a corresponding user agreement is concluded between the advertiser and the provider.
The user agreement ends with the termination of the registration of the advertiser by the advertiser or the provider. The relevant advertiser account, including the data stored for it and the advertiser’s advertisements, will be deleted by the provider no later than 6 months after the end of the user agreement. This does not apply to data that the provider is legally obliged to keep or that he has a legitimate interest in keeping, e.g. in order to prevent a blocked advertiser from re-registering in accordance with Section 9.4 of these GTC.
5. Individual portal services and booking time
5.1 Publish ads
Advertisers can have their advertisements displayed on the portal for the duration selected by the advertiser (hereinafter referred to as „booking time“) for publication in accordance with the agreement. Images of an advertisement will be displayed after their approval by the provider in accordance with Section 9.1 of these General Terms and Conditions, i.e. under certain circumstances only after an advertisement has been published.
The publication of advertisements takes place via booking form after crediting the fee due for the booking period or alternatively by the provider after receipt of the fee as cash payment or credit.
The advertisement last published by an advertiser appears automatically at the top of the portal’s advertisement list until another advertiser publishes his advertisement or, in accordance with the following provisions, places it back at the top of the advertisement list using the function selection „push sedcard now“.
5.2 „Push-up“ ads
An ad can be moved up at the first position in the portal’s ad list. This is done for a fee via the online function „Push-ups“.
In order to be able to use the online function of pushing up, the advertiser can purchase so-called „push-ups“. Push-ups are offered as packages of at least 10 for a fee. Push-ups can only be used if the advertisement is published on the portal.
5.3 Deactivate ads
The advertiser can deactivate his advertisement at any time by selecting the appropriate function in the advertiser’s area of the portal. In the event of deactivation by the advertiser before the end of the booking time, no credit will be given for any unused booking time. However, the advertisement can be published again free of charge at any time within the booking period.
Deactivated advertisements are no longer published by the provider, i.e. they can no longer be accessed by third parties, whereby the actual fade out does not usually take place at the same time as the deactivation, but occurs with the next system update.
Deactivated advertisements remain stored in the portal’s database and can be published again at any time for a fee by the advertiser.
6. Fees, Billing and Credit Expiration
The publication (the public display on the portal) and the moving of advertisements are chargeable. The provider’s price lists apply to the use of the portal services concerned.
6.2 Billing when using prepaid credit
In order to be able to top up prepaid credit for the use of paid portal services („push-ups“) the advertiser must provide a valid billing address with the provider. The advertiser can top up a prepaid credit by transferring it to the provider’s business account, by paying in cash to the provider’s business account, by paying in cash to the provider or via the online payment service Netdebit.
Unused prepaid credit expires when the statutory limitation period expires. Subject to the provisions in section 9 of these terms and conditions, the advertiser is entitled to a free reimbursement of existing and not yet expired prepaid credit in the event that his registration is terminated. For this purpose, a recipient account must be specified when registration is completed.
There is no right to reimbursement for any credit from bonus campaigns, vouchers or comparable credits. It expires when the registration is terminated.
7. Advertisement requirements
7.1 General requirements
Advertisers can save advertisements on the portal.
Advertisements may be saved by natural persons if they have reached the age of 18.
Advertisements may only be saved for the purpose of erotic contact. In particular, it is not permitted to use the advertisement to advertise services, products or events of any kind other than erotic.
For this purpose, the advertisement consists of a name, a description and at least three photos of the advertiser and is supplemented by information about certain preferences and physical characteristics of the advertiser (texts and images hereinafter referred to as „content“). The advertiser may only use pictures on which he and no third parties are depicted.
Only serious advertisements may be saved.
Contact is made exclusively via the telephone number specified and verified by the advertiser during registration or via the email address specified and verified in the advertisement.
7.2 Inadmissible advertisements
The content of advertisements must be written in such a way that it does not violate German law. In particular, the advertiser has to pay attention to the interests of the protection of minors.
Advertisements with the following content and / or for the following purposes are generally not permitted:
- Content that is aimed at minors or gives the impression that the advertiser is a minor, in particular images with objects that suggest that the advertiser is a minor,
- Contents that include words that can be found on the Berliner Liste https://doerre.com/berliner-liste/20170303-Berliner-Liste.pdf,
- Advertisements for third parties if they cannot understand the content of the advertisement or if advertisements are to be published without their consent,
- Content relating to services in forced or emergency situations,
- Violence as well as political or racist content that glorifies violence,
- Pictures on which several people can be recognized as well as pictures with animals,
- Advertising or references to unprotected sexual services, sex with pregnant women, gang-bang, rape-gang-bang or sexual flat-rate offers,
- content that offends morality,
- Links to other websites than those operated directly by the advertiser for the presentation of their own person,
- Advertising for internet portals and websites comparable with the portal of the provider as well as for third party products or services comparable with the portal services of the provider,
- Contact details in the text and in the pictures, in particular corresponding references and links to addresses, e-mail addresses, to telephone numbers other than the one given for contacting us, as well as to user or nicknames in social networks and comparable content that indicates that the target advertisers via external messengers (e.g. 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 authorized to use,
- false, misleading, fraudulent or deceptive claims as well
- Content that violates legal regulations.
8. Further obligations of the advertiser
8.1 Obligations in connection with the writing of advertisements
The advertiser undertakes
- to provide truthful and as complete information as possible when writing an advertisement, in particular in the context of the description and with regard to his preferences and physical characteristics,
- to mark pictures with the name or sign of the author and to prove his legal ownership upon request.
8.2 Obligations in connection with contact via the portal and confidentiality
The advertiser undertakes
- To treat data from other advertisers or users of the portal that he receives in connection with the use of the portal services as confidential and not to pass them on to third parties or to make them accessible to third parties in any other way without their consent,
- to use the contact details of other advertisers made available via the portal exclusively for contractual contact and in particular not to send advertising.
8.3 Intended use of the portal
In addition, the advertiser is obliged to refrain from all actions that go beyond the intended use of the portal and the portal services as defined in these terms and conditions or that could endanger the provision or secure operation of the portal or the interests of other advertisers and users of the portal.
The advertiser is particularly obliged to refrain from
- to access the portal’s ad list with technical aids and automated applications such as spiders, crawlers or scrapers and to collect content, in particular from other advertisers, and
- to expose the portal to an excessive load or to restrict or endanger the provision of the portal services in any other way.
9. Responsibility for ads and legal consequences in the event of violations
9.1 Responsibility of the advertiser and limited review of content by the provider
The advertiser is solely responsible for the content of his advertisements.
As a matter of principle, the provider does not check the content stored by the advertiser and therefore accepts no liability for the correctness, appropriateness and quality of the advertisements.
An exception to this is the youth protection check of the advertiser’s images stored for an advertisement, which must be checked and approved by an administrator of the provider before they are published. The approval usually takes place after 1 to 2 working days, but depending on the level of workload of the administrators (e.g. due to a large number of newly saved advertisements), it can take a longer time.
This does not involve any further examination of the images by the provider, in particular an examination of whether the images or their publication infringe the rights of third parties. However, the provider reserves the right to randomly check whether the images uploaded by the advertisers represent so-called „fakes“, i.e. whether the person shown in the images is actually the advertiser or whether images from third parties have been used.
9.2 Advertiser’s guarantees
The advertiser guarantees that
- he is personally photographed on the pictures he has entered in the provider’s database,
- he has all the necessary rights with regard to the content posted by him on the provider’s portal,
- the contractual use and / or exploitation of this content does not conflict with any third party rights (e.g. the right to one’s own image, copyrights, naming rights, trademark rights or other trademark rights of third parties) and
- the content posted does not violate these terms and conditions or statutory provisions.
The advertiser’s liability in the event of a breach of the aforementioned guarantees is based on Section 15 of these GTC.
9.3 Rights of the provider in the event of violations
If there is a legitimate interest of the provider or a third party and taking into account the interests of the advertiser, the provider reserves the right to refuse the activation or publication of advertisements or individual content or to deactivate or delete already activated advertisements or individual content. This is expressly possible if the images used for an advertisement are „fakes“ within the meaning of Section 9.1, an advertisement or certain content violates other provisions of these terms and conditions, legal requirements or the rights of third parties.
In the event of repeated or particularly serious violations, e.g. against criminal law norms, the provider can temporarily or permanently block the advertiser from saving advertisements or exclude them from using the portal services by terminating the registration.
Any claims of the advertiser against the provider due to one of the aforementioned measures are excluded. Any fees already paid for the use of portal services for the relevant advertisement will not be reimbursed.
9.4 Procedure in the event of criminally relevant advertisements and misuse of the portal services
If the provider becomes aware of criminally relevant advertisements or misuse of the portal services offered by an advertiser, he is entitled to collect and use advertiser data in compliance with the legal requirements and will help to clear up any criminal offenses.
In the event that a registration is terminated due to a violation of criminal law norms, the provider is entitled to save the telephone number given by the advertiser concerned for a period of 2 years in order to be able to block a new registration of the same advertiser under this telephone number to prevent comparable violations.
It is expressly pointed out that if the prerequisites of the relevant statutory provisions are met, the provider is obliged to secure relevant data of the advertiser for criminal prosecution such as ad content, contact data, access data or connection data on request and to pass it on to the responsible law enforcement authorities.
10. Notes on infringing advertisements
The provider respects the rights of third parties and will, as far as possible, prevent infringing advertisements that have been placed by advertisers.
If there is a violation of the rights of third parties (e.g. an infringement of the right to one’s own image as well as name or trademark rights), the provider asks for immediate notification of the following information, if available:
- Mention and description of the complained advertisement,
- Address, telephone number and email address of the person concerned or the legal representative or an authorized representative,
- a declaration by the person concerned that the advertising violates their rights,
- a brief explanation of why the ad violates his or her rights
- Corresponding evidence of your own rights concerned, for example by means of certificates or, if necessary, by submitting an affidavit that the aforementioned information applies.
The information listed above must be sent to the provider by email to firstname.lastname@example.org. The provider will immediately investigate all serious notifications of legal violations and take the appropriate legal steps.
11. Granting of rights to content
By saving an advertisement in the advertiser’s area of the portal, the advertiser grants the provider a non-exclusive right to use and exploit all content belonging to the advertisement in accordance with the contract for the purpose of providing and executing the portal services.
The above-mentioned 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 the resulting results – as well as the use and exploitation of the content in parts. The right to edit allows the provider to change the content while respecting copyrights and personal rights. The right to publish allows the provider to publish content for the respective booking time of the relevant advertisement in whole or in part on other websites in accordance with the data protection declaration of consent given during registration in order to increase the reach of an advertisement.
The aforementioned granting of rights is spatially unrestricted and limited in time until the registration is terminated by the advertiser.
12. Rights to the database
All rights (copyrights, trademarks and other property rights) to the database works and databases created for and in connection with the portal as well as to other collections of the content, data and other independent elements provided by the user belong exclusively to the provider. Any rights of the advertisers to the individual content posted by them remain unaffected.
The contents of the aforementioned databases, database works and collections of the provider may not be used in whole or in part to build up comparable data collections – regardless of the media form – or for commercial exploitation of the associated contents, data and other independent elements, including any information provision.
The integration or other linking of the aforementioned databases, database works or collections or individual elements from them with comparable data collections or meta-databases is not permitted.
13. Data protection
The protection of the advertiser’s data 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 takes place in accordance with the relevant data protection regulations and the declaration of consent of the advertiser made during registration.
14.1 Liability of the provider
The provider is obliged to reimburse fees that have already been paid insofar as chargeable portal services are not carried out or not carried out for the entire booking period due to an error which is within the provider’s sphere of influence. The reimbursement takes place at the choice of the advertiser in the form of a prepaid credit or a free repetition of the booked portal service for the advertiser.
In addition, claims of the advertiser for damages against the provider, regardless of the legal basis, are excluded, unless the provider, his legal representatives or vicarious agents are accused of willful intent or gross negligence; In the event of a breach of essential contractual obligations, the fulfillment of which the advertiser regularly trusts and may rely on in the context of the proper execution of the contractual relationship, the provider is also liable for other negligent behavior, but only up to the amount of the foreseeable damage that typically occurs when such an obligation is breached . The liability of the provider for damage to life, body and health as well as liability under the Product Liability Act remain unaffected by the aforementioned restrictions.
Claims for damages against the provider become statute-barred one year from the start of the statutory limitation period.
The above limitations of liability also extend to the employees, vicarious agents, legal representatives and shareholders of the provider as well as to companies affiliated with this within the meaning of Section 15 of the German Stock Corporation Act.
14.2 Liability of the advertiser
The advertiser exempts the provider from all claims by third parties that they assert against the provider due to an infringement of their rights through the content placed on the portal by the advertiser. This applies in particular if the advertiser has violated the guarantees listed under section 9. The right to exemption does not exist if the advertiser is not responsible for the infringement.
Otherwise, the advertiser’s liability towards the provider is based on 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 point in time.
The provider reserves the right to transfer its rights and obligations from these terms and conditions in whole or in part 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, the mandatory consumer protection provisions of the country in which the advertiser has his habitual residence also apply, provided that they grant the advertiser further protection.
If an advertiser is a merchant within the meaning of the German Commercial Code, Berlin is the exclusive place of jurisdiction for all disputes arising from and in connection with these terms and conditions. Berlin is the additional place of jurisdiction for all disputes with consumers arising from and in connection with these terms and conditions.
The provider is neither willing nor obliged to take part in dispute settlement procedures before a consumer arbitration board (Section 36 (1) No. 1 VSBG).
Theses Terms & Conditions are a translation of the German version. In the event of inconsistencies, the German version is binding.