GTC - General Terms and Conditions for the use of VISIT-X
VISIT-X is an internet directory where prospective presenters (the so-called senders) can enter their profile in order to establish direct contact with potential customers, primarily for the purpose of conducting a video chat subject to charges. In this process, the exchange of erotic contents is also tolerated. It is an offer "by adults for adults". Any participation of minors is prohibited. The service of VISIT-X is available at several domain names.
Use of the offers
All users are required to act in a mutually respectful and fair manner. The interaction with each other shall be tolerant.
In the registration, users will assign themselves a login name and a password for identification. Both the login name and the password must be protected from access by third parties, in particular minors. The user shall have the full responsibility for any use of services which are received through the platform and provided by means of the user’s login name and password. The user is obligated to immediately report to VISIT-X the loss of his or her identification data or any unauthorised access by third parties.
The user is obligated to observe the legal regulations. In particular, it is prohibited to request, offer or otherwise promote illegal contents via VISIT-X, such as depictions glorifying violence, sexual acts with children or animals, or similar contents. The user may not collect, use or process any personal data about other users. It is furthermore prohibited for the user to harass, threaten or otherwise cause nuisance to other people. Every user is obligated to treat any personal information relating to VISIT-X in a confidential manner.
The user is obligated to refrain from advertising measures of any kind on the VISIT-X platform. It is specifically prohibited for the user to solicit senders or visitors for own or third parties' offers. A violation by the user against this prohibition will entail the immediate ban of the user. The user is moreover obligated to pay a contract penalty of EUR 5,100 to VISIT-X for each violation of this prohibition. Claims in excess thereof remain expressly reserved.
When registering and during any further use of VISIT-X, the user must provide true and accurate as well as complete details on his or her person. Data changes must be communicated immediately by the user. In the case of a suspicion that the provided data are not correct, VISIT-X may temporarily or permanently block the user's access to VISIT-X or other offers until the user has provided corresponding evidence of the correctness of his or her user data.
VISIT-X and the senders shall be entitled to interrupt the connection at any time in case a criminal offence is suspected. VISIT-X will furthermore ban all involved parties from any use whatsoever of the VISIT-X services and file criminal charges against all parties involved. VISIT-X is additionally entitled to block the parties responsible (temporarily or permanently) from the use of the offers on VISIT-X also in case of interference with or harassment of senders and other persons. The same applies to other violations against these GTC. VISIT-X is entitled to employ the technical and other measures required for controlling compliance with legal regulations and the GTC.
All notifications sent to the users from VISIT-X and the service providers named in the imprint may be delivered as an electronic message (e-mail), in the form of a general publication on the web pages, or as postal mailing.
The operator of VISIT-X B.V., Krijn Taconiskade 424, 1087 HW Amsterdam, the Netherlands, provides the internet platform on which the users (senders and visitors) can present or share data (texts, photos, films, live recordings, etc.) among themselves. In the process, VISIT-X brokers the contact and ensures the technical implementation of the direct connection either directly by itself or through third parties. Contractual relationships for the exchange of data and contents subject to charge may be established directly between the user and the sender. Exceptions thereof are marked separately. Depending on the user’s payment method, VISIT-X or external companies may process or support the billing for these contractual relationships.
VISIT-X is permitted to engage subcontractors or other third parties at any time for particular services in connection with the operation of VISIT-X. VISIT-X informs explicitly that data may be forwarded to subcontractors and other third parties if these are engaged, within the scope of a contract for order data processing on the condition that data protection is ensured.
VISIT-X does not accept any liability for potential delays, deletion, false transmission or memory outage in the communication between visitors and senders.
Compensation/Terms of payment
VISIT-X reserves the right to introduce additional payment options and/or the removal of particular payment options. VISIT-X furthermore reserves the right not to offer every user the same payment options or to exclude individual users from particular payment methods.
The registration on VISIT-X and the use of some offers on VISIT-X are free of charge. The services subject to costs are shown with prices. The prices for the presentations by the senders are normally agreed between the sender and the visitor on a case-by-case basis. This is implemented by the sender's statement of a price per started minute.
For access using payment methods that are billed via a telephone connection, the respectively stated rates apply. In case of access using a pay-per-dial telephone number, the entire time online will be billed by the phone company, independent of the actual use of the video chat with the sender.
In the event of unauthorised reverse charges (so-called chargebacks) by the user, the user will be obligated to refund the increased booking expense and possible chargeback fees of banks and credit card companies in addition to compensating the illegitimately recalled amount. Additional claims remain unaffected thereof. If the user has doubts as to the bill, he or she shall contact the payment processing service provider named in the imprint prior to the chargeback in order to clarify the facts. In the event of justified complaints, VISIT-X has the option to grant a return transfer after the expiration of a liability period of at least six weeks. Otherwise, the user will also be obligated to pay the increased booking expense and the chargeback fees.
If bills for goods and services are paid by way of the SEPA basic debit procedure, the customer will receive an advance notice for the withdrawal by direct debit, at the latest one day prior to the due date.
The contractual relationships between the visitors and senders will only become effective at the time when the visitor has successfully logged into the VISIT-X platform and starts a video chat with a sender by clicking on the button appropriately marked for this purpose. The contract with the sender will terminate upon ending the video chat.
The use of VISIT-X or an offer of VISIT-X can be cancelled at any time by VISIT-X or the user, without a statement of reasons. In a cancellation by the user, he or she shall specify the login and the email address used in the registration or the additional information for his or her unique identification. A notification by email is sufficient. For some offers, the cancellation is also enabled by clicking on the button provided for this purpose
Services that are subscribed to based on a weekly or monthly membership may be cancelled respectively toward the end of a week (Sunday 00:00 GMT) or toward the end of a month. The confirmation of the cancellation by VISIT-X or the service provider shall be authoritative. The confirmation will be given directly upon the receipt of the cancellation and be sent to the e-mail address specified in the registration. VISIT-X is not responsible for misdirected, delayed or invalid cancellation letters or e-mails or such that were lost in postal routing.
Data collection and data storage
The data required for the provision and billing of services are collected and processed via VISIT-X. These data concern master data, utilisation and billing data.
VISIT-X collects in particular the following data of the user: the IP number, access data, the time when the contents were called up by the user, and the duration of the connection, both of the chat with the particular user and the overall duration of a connection with VISIT-X.
The technical connection of a chat is established directly between the presenter and the visitor. VISIT-X is entitled to log the relevant session and to view it. VISIT-X does not accept any obligation in the process to monitor the services and presentations and contents of the chats that are offered by the senders as to their legitimacy.
The sender, represented by VISIT-X, is authorised to obtain information on the visitor from financial data warehouses and credit protection companies. The visitor grants his or her consent that VISIT-X reports data based on behaviour when it is not compliant with the contract (e.g. credit card collection due to misuse by the card holder, triggering reverse charges for undisputed claims, dunning notice requested for undisputed claims, enforcement measures). In accordance with the Federal Data Protection Act, these reports may only be made to the extent as required for the protection of the justified interests of VISIT-X or the general public, and if the visitors' concerns qualifying for protection are not affected thereby.
In the scope of the application procedure, the bank and personal details (account number, bank code, and personal data) are reconciled against the data stock of Infoscore Consumer Data GmbH (ICD), Rheinstraße 99, D-76532 Baden-Baden.
Provisions on the different payment methods
VISIT-X is authorised to claim and process, in its own name and on its own account or through a service provider and on the account of service providers, the payments that become due between the users.
In case the so-called "prepaid method" is used, the user will set up a virtual account, which may be filled by him or her with amounts at defined stages. For this purpose, there are different payment methods available. For filling the prepaid account by means of direct debit procedure, a booking fee in the amount of EUR 2.50 will be charged. The credit balance stated on the account is a virtual balance. A repayment of the paid-in amount is not possible. If an account is not used for a period of more than 6 months, it will expire and be deleted.
For video transmission and chat, service relationships are solely established between the presenter and the visitor. In this respect, VISIT-X merely provides technical support services. Credit card payments are processed through a payment service provider.
For the credit card payment method, the user enters his or her credit card number so that a plausibility check can be performed. The amount to be billed can be summarised by VISIT-X and be charged to the credit card of the user in one or several bookings per month. In addition, a processing fee of EUR 1.00 is incurred to the credit of VISIT-X for billing the service by credit card.
The user has the option to set individual limits of the sales transactions permitted per month. This can be determined at any time at the user's request or even by VISIT-X.
VISIT-X does not accept any liability for contents, presentation or other behaviour as well as data and data files that are provided or transmitted by the users or other third parties.
VISIT-X is not liable for data losses and data changes, transmission errors, presentation errors, data delays, acts by other users in violation of contract, or for any circumstances which are within the sphere of responsibility of third parties (e.g. electricity suppliers, network operators, phone companies, unauthorised persons). VISIT-X does not accept any liability for the data transmitted by users. VISIT-X likewise does not accept any liability for the contents from other homepages which are accessed via links set from the provider's homepage. In no case does VISIT-X appropriate the contents of other homepages. In cases of attributable negligent breaches of duty, the liability of VISIT-X is limited to the breach of cardinal duties as well as to injury to life, body and health and, for the rest, to attributable intentional or gross negligent breaches of duty. The liability exclusion and the liability limitation of the foregoing paragraphs shall also apply to the personal liability of the employees and vicarious agents of VISIT-X. Any liability shall be limited in any case to an amount of EUR 5,000.00 for each individual event.
The user shall indemnify VISIT-X, the employees of VISIT-X and the service providers contracted by VISIT-X, as well as the affiliates of these companies, from claims of third parties on grounds of receivable payments and other rights, and shall hold them harmless if these claims were caused by a breach of these GTC or the rights of third parties and/or in the context of the use of the services and the connection to the services.
Responsibility for contents
The responsibility for all content and information (data, texts, software, music, sounds, images, videos), which is obtained by the visitor in the scope of using the respective online offer shall be solely incumbent upon the respective operator of the online offer (presenter).
The responsibility for all content and information (for example, data, texts, software, music, sounds, images, videos) which is obtained by the visitor from the presenter in the scope of using the offer of the presenter shall be solely incumbent upon the person originating the content.
The user is obligated to use all data material, particularly images and videos, obtained via VISIT-X exclusively for his or her private purposes. Any commercial use in whichever form as well as any other dissemination of data material obtained via VSIT-X, irrespective of whether the further use is subject to charges or free of charge, is strictly prohibited for the user without the express consent of VISIT-X. Any violation by the user against this prohibition will entail that the user will be banned and cancelled immediately. The user is moreover obligated to pay a contract penalty of EUR 5,100 to VISIT-X for each violation of this prohibition. Claims in excess thereof remain expressly reserved.
Instruction on revocation
Right to revocation:
The user may revoke his or her agreement to the contract, without a statement of reasons, in text form (e.g. letter or e-mail) within one month. This period will start upon the receipt of this instruction in text form, however not before the conclusion of the contract and not before the fulfilment of the information obligations by VISIT-X according to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB [Introductory Act on the German Civil Code] as well as the obligations on the part of VISIT-X according to § 312g para. 1, sent. 1 BGB [German Civil Code], in conjunction with Article 246 § 3 EGBGB. It is sufficient for the observation of the revocation period that the revocation be sent on time. The revocation shall be addressed to:
Letter: VISIT-X B.V., Krijn Taconiskade 424, 1087 HW Amsterdam, the Netherlands
Consequences of revocation:
In case of an effective revocation, the services and consideration reciprocally received shall be returned and, if applicable, any benefits derived thereof (e.g. interest) shall be relinquished. If the user cannot or only in part or only in a deteriorated condition return or relinquish the received service or derived benefits (e.g. amenity and advantage of using) to VISIT-X, the user shall be obligated to compensate the value to this extent to VISIT-X. This may entail that the user may nonetheless have to fulfil his or her contractual payment obligations for the period until the revocation becomes effective.
Obligations to refund payments must be fulfilled within 30 days. The period will start for the user upon sending his or her revocation declaration and for VISIT-X upon its receipt.
The user's right to revocation will expire prematurely if the contract is completely fulfilled by both parties upon the user's express request, before the user has exercised his or her right to revocation.
End of the instruction on the right to revocation
The contractual relationships between the presenters and users are governed by German law. If VISIT-X engages a subcontractor for the performance of services relating to the operation of VISIT-X, the law respectively valid at the service provider's place of registration shall apply to the contractual relationships with this service provider on the condition that the service provider is located within the European Union. The contract language is German.
Should a provision of these GTC be or become invalid or impracticable, the parties shall be obligated to replace the invalid or impracticable provisions by other valid or practicable provisions, which are in their economic effect equivalent to the invalid or impracticable provisions, insofar as it can be reasonably assumed that the parties would also have concluded the contract containing such a clause. Should it not be possible to determine such a provision, the invalidity or impracticability of one or several contract clauses shall not affect the validity of the contract on the whole, unless the invalid or impracticable provisions are of such essential significance that it can be reasonably assumed that the parties would not have concluded the contract without the invalid or impracticable provision. The same shall apply if an omission is made in the provisions.