II. Terms of use

The terms of use should be worded as follows:

Terms of Use

(2) The operator reserves the right to adapt or change the terms of use at any time. In the event of an adjustment or change to the Terms of Use, these will be sent to the User by e-mail two weeks before they come into force. If the User does not object to the validity of the new Terms of Use within two weeks after receipt of the e-mail, the amended Terms of Use shall be deemed accepted. In the event of an objection, the operator has the right to terminate the contractual relationship. The Operator shall separately inform the User of the significance of this two-week period in the e-mail containing the amended terms and conditions. However, this only applies to users who are using the services of the operator at the time of the change of the terms of use and who are already registered on the Girls-in-Town.de website. For other users, the amended GTC shall take immediate effect.

(3) The offer is directed exclusively at persons of legal age, legal entities and partnerships. Minors are not allowed to register on the website of the operator.

§ 2 Services of the operator

The operator provides the portal Girls-in-Town.de on the Internet. Here, users can, among other things, create their own profiles, upload content, view and exchange profiles or content of third parties and other information, and submit ratings. The operator enables, among other things, the retrievability of the posted content and the use of other services.

§ 3 Conclusion of the contract of use

(1) In order for the contract for the use of the platform to be concluded, we require the data from you that is marked as mandatory in the registration form. When registering, the user can choose a user name and password. The application for profiling can only be submitted and transmitted if the user has accepted these contractual terms by clicking on the button “Accept Terms of Use” and thereby included them in his application.

(2) The operator then sends the user a confirmation of receipt by e-mail. This e-mail contains an activation link. By clicking on the link, the user contract is concluded and a profile is automatically created in the operator’s system, in which the user can then enter further details for his profile and publish the profile.

(3) The e-mail with the activation link contains these terms of use in PDF format for printing at any time.

(4) The text of the contract is not stored by the operator.

(5) Currently, a contract can only be concluded in German.

§ 4 Prices and payment

(1) The registration on Girls-in-Town.de and the use of the portal Girls-in-Town.de is free of charge. The registration and use of the operator’s website does not incur any costs for the user.

§ 5 Duties of the user

(1) The user undertakes to provide only truthful, complete and up-to-date information about himself/herself when registering and assures that he/she fulfills the minimum requirements necessary for posting content on the operator’s website.

(2) If there are justified doubts about the correctness of the information, the operator can temporarily block the account and demand proof of authenticity from the user. If the user does not comply with this request, the operator is entitled to delete the account.

(3) The User undertakes not to disclose his access data to third parties, in particular to juveniles, to keep the access data secret and to always protect it from access by third parties.

(4) Notwithstanding the Provider’s obligation to back up data in accordance with § 10 para. 1 of these Terms of Use, the Customer itself is responsible for entering, maintaining and backing up its data.

(5) The contents stored and/or generated by the User may be protected by copyright and data protection laws. The User hereby grants the Operator the right to make the content stored on the server accessible in the event of queries via the Internet and, in particular, to reproduce and transmit it for this purpose and to be able to reproduce it for the purpose of data backup. In this context, the User shall ensure that the contents made available to the Operator and their use/exploitation in accordance with the provisions of this contract do not infringe any third-party rights. The User shall indemnify the Operator against any claims asserted against the Operator by third parties in this respect. The User shall also reimburse the Operator for all expenses and any damage incurred by the Operator as a result of such a claim, in particular all legal prosecution and legal defense costs.

(6) The User undertakes to place on the Operator’s website or transmit to the Operator only such content that is not classified as “prohibited content” in § 5 of these GTC.

(7) The User further undertakes to refrain from all of the following activities:

– any illegal form of advertising communications

– the sending of spam

– attempts to lure members of Girls-in-Town.de to other portals/websites

– collecting content or information from users using automatic mechanisms (such as scripts, bots, robots, spiders or scrapers)

– upload code that harms the operator or the website, restricts its functionality or influences it in any other way

– collect other people’s login information or access an account that belongs to another member

– threaten, intimidate or harass other members

– post content that is abhorrent, threatening, or incites or contains violence

– Use Girls-in-Town.com to perform any unlawful, deceptive, malicious, or discriminatory acts

– take any action that could block, overburden or impair the proper working of Girls-in-Town.de

– otherwise misuse Girls-in-Town.de

§ 6 Prohibited content

(1) The user is prohibited to abuse the service of the operator directly or indirectly for advertising purposes. This includes in particular the dissemination of chargeable service and value-added numbers, links to chargeable offers, or the attempt to involve other members in premium SMS services. Also expressly prohibited is the dissemination of contact details such as e-mail addresses, telephone numbers or messenger data in order to respond to incoming contact requests with advertising for third-party offers.

(2) In the event that this agreement is not complied with, a contractual penalty of 500.00 EUR is hereby agreed for each individual case, which the user must pay in the event of non-compliance.

(3) Profile pictures of the user may not show any pornographic content. Nipples and the intimate area are to be covered or made unrecognizable with an editing program. The uploading of racist, discriminatory, violent-pornographic content, content that violates generally applicable law or other illegal content is not permitted.

(4) Furthermore, the advertising of unprotected sexual intercourse (vaginal, anal and oral intercourse without a condom) on Girls-in-Town.de is prohibited. If the operator becomes aware that users violate this clause, the corresponding profiles will be removed from the search results.

§ 7 Blocking

(1) The operator reserves the right to refuse the publication of content at its own discretion, to correct or delete content that has already been published and/or to block the user’s account temporarily or permanently. This is particularly the case if the operator is aware of a violation of these terms of use, youth protection regulations, or other legal provisions by the user or other important reasons should exist.

(2) A correction or deletion of content or a blocking of a member’s account by the operator does not affect an existing payment obligation of the user.

(3) In the event of violations of these terms of use, legal provisions or other important reasons, such as harassment of other users, the operator may issue a virtual ban on users, i.e. exclude them from future use of its services. The virtual house ban shall also not affect any existing payment obligation with regard to chargeable services used. The assessment of a situation leading to a change, rejection, deletion, blocking or the issuing of a virtual house ban is the responsibility of the operator.

§ 8 Data sovereignty

(1) The User remains the sole owner of the data stored by him on the platform and can therefore demand the surrender of individual or all data at any time.

(2) The Operator undertakes to delete all of the User’s own profile data immediately upon termination of the contract, unless the Operator has reached an agreement with the User that deviates from this. The operator assumes no liability for any misconduct of the user in this regard.

§ 9 Granting of rights

(1) With the transmission or uploading of his content, the User grants the Operator the gratuitous, simple right of use to use, modify, publicly present and make accessible the transmitted content on or via the above-mentioned services.

(2) The right of use expires upon termination of the user’s membership. The Operator is furthermore granted the right to mark the contents transmitted to him with the Operator’s lettering and/or his logo / watermark. This marking serves as copy protection and enables the operator to track the misuse of the material presented on Girls-in-Town.de.

(3) The operator does not guarantee the accuracy, completeness and usability of the information and content published on the platform and reserves the right to change or remove individual content due to legal, judicial or official obligations or for good cause.

§ 10 Interruption/ Impairment of Accessibility

(1) The Operator is obliged to take appropriate precautions against data loss and to prevent unauthorized access to the Customer’s data by third parties. For this purpose, the Operator shall make backups at least once a week and install firewalls according to the state of the art.

(2) The databases and other technical devices provided by the Operator correspond to the current state of the art. The Operator endeavors to ensure the greatest possible availability of the platform. Nevertheless, problems beyond the control of the Operator (force majeure, fault of third parties, etc.) or maintenance work may lead to temporary restrictions in the accessibility of the Operator’s services. The operator does not guarantee a permanent accessibility or retrievability of his website and is not liable for downtimes due to necessary care and maintenance work.

(3) The Operator shall immediately eliminate all platform errors in accordance with the technical possibilities. An error exists if the platform delivers faulty results or does not function properly in any other way, so that the use of the platform is impossible or limited.

(4) Adjustments, changes and additions to the platform services as well as measures serving to determine and remedy malfunctions will only lead to a temporary interruption or impairment of accessibility if this is necessary for technical reasons.

(5) The availability of the respective agreed services pursuant to § 2 of this Agreement shall be 99% on an annual average including maintenance work.

§ 11 Liability

(1) Claims of the User for damages are excluded. Excluded from this are claims for damages by the User arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Operator, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

(1)  In the event of a breach of material contractual obligations, the Operator shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the User’s claims for damages are based on injury to life, body or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the operator if claims are asserted directly against them.

§ 12 Infringement of rights

(1) The Operator respects the rights of third parties and has the greatest interest in preventing infringing advertisements posted by Users. Should a user be of the opinion that advertisements violate his or her rights (e.g. the right to one’s own image, rights to a name, trademark rights) or other rights (e.g. legal regulations for the protection of

protection of minors), the operator asks for notification of the following information:

– the name and description of the infringing advertisement

– a statement of the reasons why the advertisement violates rights as well as corresponding proofs by documents or the like

– address, telephone number and e-mail address of the infringing party or its authorized representative

– signature or electronic signature of the person authorized to act on behalf of the rights holder

– a statement by the user that the advertisement complained of infringes his/her rights

– a sworn statement by the user that the above information is correct

(2) The above information shall be sent to the Operator by e-mail to rechtsverstoesse@Girls-in-Town.de. The operator will immediately investigate all serious notifications of rights violations and, if necessary, take the appropriate legal action. Any abuse will be punished.

§ 13 Data protection

The operator is aware that a particularly sensitive handling of all personal data that users transmit to Girls-in-Town.de is extremely important. We therefore observe all relevant legal data protection regulations. Detailed information on the collection, processing and use of personal data of the member can be found in the privacy policy [please link to the privacy policy here].

§ 14 Final Provisions

(1) The law of the Federal Republic of Germany shall apply to the present contract. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (favorability principle).

(2) The place of performance for obligations arising from this contract shall be the registered office of the Operator.

(3) If the User is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the User and the Operator shall be the Provider’s registered office.

(4) Verbal side agreements have not been made. Changes, additions and supplements to this contract are only valid if they are agreed upon in writing between the contracting parties. This shall also apply to the amendment of this contractual provision.

(5) Should individual provisions of this agreement be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of provisions that are not included or are invalid. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.