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Allgemeine Geschäftsbedingungen der Capsicum Marketing GmbH

1. General Information

The following terms and conditions govern the conditions for the use of the portals u.a. Capsicum Marketing GmbH, Keibelstraße 38, 10178 Berlin, (hereinafter referred to as the provider) for advertisers who can place advertisements on the provider's portal.

BERLINintim is an internet portal where advertisers can place and publish advertisements for erotic services for a certain time. The advertisements can be made out of texts and photographies regularly. Also possible is the uploading and publishing of movie sequences by single clubs or advertisers. By prior arrangement the provider compiles the advertisement including the photos for the advertiser.

The advertiser can choose between different offers and contract durations, according to the following regulations: The advertisements and movie sequences are being published by the provider on the internet portal and all other available media, as far as they advertiser does not disagree. Appropriate media are the miscellaneous other internet portals of the provider and those of the provider's partners. The publishing can also happen on other websites of the provider.

The services of the provider can be retrieved by the visitors (users looking for advertisements).

By using the Services of the provider, the advertiser agrees with the general conditions of the provider. Conflicting conditions of advertisers apply only after the provider has accepted them in written form.

The provider reserves the right to change the general conditions at any time. In case of changing of the general conditions, the user will be informed about the change four weeks before the change. If the user does not question the validity of the new use conditions within a period of four (4) weeks, it will be deemed that the user has accepted the use conditions. The provider will inform the user in the E-Mail containing the changed conditions about the meaning of this four weeks period. This is only valid for users who do use the Services of the provider in the time of the changing of the use conditions. Towards other People, the changed general conditions start working immediately.

2. Services of the provider

The publisher offers the portal BERLINintim on the internet where advertisers can place their ads. The publisher publishes the ads that have been sent to him on all platforms mentioned above and makes them visible as far as the advertiser hasn't contradicted such usage. The offers of the publisher are only available for people who are at least 18 years of age. The publisher basically does not check the advertisements that the users send to him. The publisher does not ensure the correctness, adequacy and quality of the ads.

Nevertheless does the provider reserve his rights to refuse the publishing of the ads and/or the right to delete ads that have already been published. This comes into question especially when he gets Information about a violation of the terms and conditions or against legal regulations.

3. Premium advertisements

Advertisers have the possibility to book so-called premium ads. For the categories private models, callgirls, transsexuals, callboys, bizarre models and couples as well as for the category escort it is only possible to place premium advertisements. In all other categories, a premium ad is only optional, but the activation of a basic ad lies in the publisher's discretion.

Contrary to basic ads, the premium ads are getting listed in the booked category as well as in other places on the portal. They may contain a link to a website, more pictures are visible and in the ad section they are free of other advertising. Basic ads (personal sedcards e.g.) can only be published in Connection with a premium ad (club sedcard, agency sedcard).

A claim on a placement before the basic ads does only exist during the running-time of the premium ad booking. Advertisements in the categories daily recommendation, weekly recommendatino, top favorite and top event can usually only get booked by premium advertisers.

The category daily recommendation does not come with a claim for a wished date. After an individual agreement with the provider, the ad can be placed in this category without extra costs.

4. Parties / events

Advertisers have the possibility to place event ads on the provider's platforms. Every event advertisement will be charged according to the valid price list. Advertisers can also book so-called party or event packages, meaning a specific number of ads for this category each month.

5. Small advertisements

The advertiser has the possibility to place small ads at BERLINintim in different categories. Smalls ads are usually subject to a charge.

The category "job offers" only publishes ads from advertisers who have a current premium entry in one of the city guide's categories.

Furthermore do the smalls ads have to be connected to the erotic business directly. An activation is in the provider's discretion.

6. Banners, header-sliders, tipps and recommendations

BERLINintim-Ads describes certain advertising variations on the Portal, where pictures (banners) of the advertiser are linked to a specific link.

7. Contract completion

The upload following the agreement to the provider's terms and conditions and his price list is the offer to a conclusion of contract on the part of the advertiser. The contract shall take effect with the placement of the ad on the provider's platform. The text of the contract will not be saved by the Provider. Only advertisers who are of full age, who are legally competent, offering erotic services or convey such, are allowed to place advertisements. The promotion of other services or products is explicitly forbidden. Excluded are small ads in certain categories after agreement with the provider.

8. Duties of the advertiser

The advertiser undertakes to make full and true statements regarding the content of the advertisement. Only serious offers are allowed to be put into the database. The provider checks on a random basis, if the photos in the ads are so-called fakes, meaning if the models on the pictures are really reachable or if photos of others have been used. If the provider finds out that fake photos have been used, he is allowed to block the specific ad. The blocking has no effect on the taxing of costs of the advertiser. Additionally the provider is authorized to assert a contractual penalty towards the advertiser. The penalty is part of the provider's discretion and can be reviewed judicially.

The advertiser guarantees that he has all the property rights concerning the contents he placed in the provider's database, that no third-party rights are contrary to the use of these contents (for example the right of one's own image, name rights, trademark rights e.g.) and that the placed contents do not violate the terms and conditions of the provider. The advertiser will mark photos according to the marking obligation with the name or symbol of the originator.

The advertiser is obliged to not publish links to websites, email addresses, phone numbers or user names of social media networks on his photos.

The advertiser is obliged to prove his ownership of rights on the photos.

If the photos were produced by a third Party, a indemnity declaration is needed.

If the advertiser had used the photos with an approval of the pictured person for a specific advertising project, a written consent for the usage of the pictures on the provider's platform is being needed. In case of a violation of this guarantee or his obligations, the user exempts the provider from all liabilities according to the last paragraph of this regulation.

If the provider is the right holder of the contents that are being published on his portals, these contents are only allowed to be used by the advertisers on platforms of the provider and his partners. Further use of these contents (for example the publication on other portals) is only allowed with previous written agreement by the provider.

The advertiser is obliged

The advertiser is obliged

The advertiser is allowed to use direct links or specially configured short URLs for the promotion of his ads. But these are not allowed to be connected to unwanted spam mails or unwanted SMS/MMS.

The advertiser is obliged to exempt the provider and/or companies connected to him as well as his employees, representatives, shareholders and vicarious agents and the same of all the companies connected to him from all claims made by third parties resulting from the violation of their rights caused by the advertisement or as a result of other use of the provider's services by the user against the provider and/or companies connected to him and/or his employees, representatives, shareholders and vicarious agents of the companies connected to him.

The user bears, on first demand, the incurred costs for the necessary legal defense by the provider including all court costs and attorney fees.

The advertiser is obliged to always keep his customer data (master data) up-do-date. The provider is allowed to block the ads of the advertiser if the customer data is wrong or missing.

The specifications of the advertiser extend to all publications, advertisements and advertising forms that are connected to him or are part of his responsibility.

The advertiser is obliged to keep his access data secure and to protect this data from the access of others. All changes that are being made inside the advertiser area, the VIP SMS area, the BERLINintim Club or in any other part which requires a authentification by the advertiser, are all in the responsibility of the advertiser.

9. Grant of rights

The advertiser grants the provider usage rights, unrestricted by time or area, to the content made available by him (pictures, texts, film sequences) at or via the services mentioned above and/or the services of partners, to modify, publish, present, reproduce, spread or make available for download. The provider is also allowed to use contents of the advertiser in social media networks if the publication is connected to the advertisement.

Furthermore, the provider will be granted the right to put the name "BERLINintim" and/or his logo on the contents that are transmitted to him. The right of use will be limited by the advertiser to the required extent to fulfill the contract. The advertiser can contradict to the usage of his Contents for certain ways of usage in written form.

The advertiser clearly states his agreement on the fact that the provider advertises or promotes surrounding his published contents or that the provider advertises or promotes with usage of his contents. Ads which do not have the premium status are being published connected with advertising. Around ads with premium status, advertisements can only be found in the menu bar. For more details refer to the price list.

10. Period of time

The runtime depends on the booking type. The contract will automatically be extended by the chosen runtime as far as the advertiser does not cancel the contract at least five (5) days prior to the expiration of the regular contract duration in written form. The cancellation has to be made in written form.

11. Rights on the database

Any and all further rights in the elements of the database and the adjusted contents, data and other elements are at the provider. Any rights of the advisers on the contents adjusted by him are not affected.

It is prohibited to change copyright information or any other trademarks on the provider's website.

It is in no way allowed to use the contents of the provider's database to build an other database in any kind of media or for commercial data usage or provision of information.

the linking, Integration or other linkage of the data base or individual elements of the data base with oder data bases or meta data Banks are inadmissible.

The provider reserves the right to change the contents delivered to him.

12. Banned content

The provider will not publish an advertisement or ban an advertisement immediately when noticing that:

  • its content is contrary to public policy,
  • right wind radical content is being spread
  • it contains vulgar, sexistic or pornography material,
  • sexual intercourse with pregnant women is being advertised or offered,
  • unprotected sex is being advertised
  • the advertisement contains brands to which the user is not allowed to use them,
  • it is obvious that the advertisement(s) violate the rights of others,
  • the advertisement contains links to the advertisers' own websites or platforms of competitors,
  • the advertiesement contains phone numbers of competitors,
  • other reasons contrary to activation.

The rejection of content falls to the provider.

13. Violation of the law

The provider respects the rights of others and is interested in banning content which is set-up by the advertisers and is violating the law.

If a user thinks that advertisements of other violate his rights (brand rights, name rights, rights on the own picture), the provider asks for the following information:

  • the mentioning and description of the violating advertisement,
  • an explanation why the advertisement violates his rights combined with certifying documents.
  • Address, phone number and email address of the violated or his authorized representative
  • Signature or electronic signature which authorizes the Person to act on behalf of the rights holder.
  • a declaration of the user that the rejected advertisement violates his rights,
  • an Affirmation in lieu of an oath of the user that the above Information does apply to him.

The above informations are to be sent via mail at to the provider. The provider will follow up on all serious notifications about rights violations without delay and take legal action. Any abuse shall be subject to disciplinary action.

14. Warranty

The databases provided by the provider and other technical devices correspond to the current technical state of the art. Nevertheless, it is possible that there are temporary restrictions due to problems which are not in the provider's sphere of influence (higher forces, fault of third parties e.g.) or caused by maintenance work. The Provider does not take over guarantee for a constant accessibility of the ads and does not take for downtime caused by necessary maintenance work or new errors which have not been predictable and can happen to every conscientious programmer.

No liability shall be assumed if the ads can not be displayed (in time) because of a momentary perturbation of the system. In this case the advertiser can contact the provider via email and ask for the publication of his ad, if he can prove that he has definitely sent it in time.

The ad will be placed later or the advertiser will get his money back when he decides to not publish his ad.

15. Liability limitations

Any claims and compensation towards the provider are, independent from the legal basis, excluded, unless the provider or his legal representatives or vicarious agent can be accused of wilful intent or gross negligence. The provider's liability for damage of life, bodyly injuries and health damage according to product liability laws stays unaffected. In the event of violation of basic contractual obligations, the provider shall be liable for all neglignces, but only to the extent of the foreseeable damage.

Compensation entitlements against the provider shall be subject to a statute of limitations of one year after their development.

Exceptions to this are claims which are based on purpose or an illicit act or result from the product liability law.

The foregoing limitations of liability shall also applo to companies connected with the provider as well as for the personal liability of the employees, representatives, shareholders and vicarious agents of the provider and/or the companies that are connected to the provider.

16. Prices / conditions of payment

The services of the provider require payment. All services are subject to the price lists of the provider as far as no other individual agreements have been made. Price adjustments or Price changes will be announced at least 30 days in advance inside the advertiser region of the provider's website.

The respective financial contribution becomes due with the booking of the ad or the ads. As far as a monthly subscription has been booked, the monthly sums have to be payed by the 1st of each month.

The provider provides the following below-mentioned forms of payment:

  • Payment by debit, usually after issuing of an invoice.
  • Payment by Transfer after issuing of an invoice.
  • Payment cash after issuing of an invoice and Agreement.

The activation happens immediately after booking and payment.

Using debits, the advertiser accepts a prior examination of his bank account via the "account check direct control" (acds) by the company Atriga GmbH, August-Bebel-lStr. 29, 63225 Langen, as a protection from return debits. During this process, only details on previous return debits are being checked, no credit assessment or something similar happens. In case of a chargeback, the provider can assert fees of at least EUR 10,00 from the advertiser. The advertiser has the right to prove that lower costs did arise for the provider. In case of a chargeback, all ads of the advertiser will be blocked until the complete invoice settlement. After an unsuccessful reminder, the debt collection will be performed by the Atriga GmbH.

Bank transfer to the date mentioned in the invoice. Any possible costs will be paid by the advertiser. The activation of the ad happens after the receipt of payment by the provider. If no receipt of payment can be noticed by the provider, he reserves his right to block the advertiser's ads until the complete payment. After an unsuccessful reminder, the debt collection will be performed by the Atriga GmbH.

For all payment variations, the provider reserves his right to block or delete the ads of the certain advertiser if the advertiser does not pay after payment reminders.

Paying cash in the provider's office at the office hours is possible upon consultation. The ads get activated immediately after complete payment.

If an invoice can not be paid on time, the provider can admonish the advertiser with charge. After an unsuccessful reminder, the debt collection will be performed by the Atriga GmbH.

17. Cost reimbursement by the advertiser

If the Pprovider takes actions for the advertiser which are beyond the usual measure (for example reconstruction of data, editing of photos or contents, translations or additional correspondence with authorities or other third parties e.g.), he can impose the costs to the advertser.

18. Final clauses

German law shall exclusively be applicable.

Berlin, Germany, shall be the place of jurisdiction for all claims arinsing in Connection with the usage of the provider's services, as far as the user is a Business as defined in the German Commercial Code (HGB).

Should individual conditions of this contract be or become unenforceable or contain holes, the other conditions will not be affected by this. Instead of the invalid provision the provision provided by law shall apply. The same applies when the terms and conditions show regulatory gaps.

As of October 1, 2015.

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