General Terms and Conditions for using VISIT-X
Preamble
VISIT-X is an internet platform for performers and broadcasters to present themselves and their services in front of a webcam to visitors of the website. The exchange of erotic content is explicitly tolerated. VISIT-X is an adult service for adults. Minors are not permitted to participate. The services of "VISIT-X" are available via different domain names. Broadcaster and visitors will be referred to as "user".
Using the services
The user accepts the general terms and conditions of VISIT-X by ticking the appropriate box. Separate conditions apply for the performers. VISIT-X reserves the right to change these terms and conditions, from time to time, in its sole and absolute discretion. Altered conditions apply if the user re-accepts the general terms and conditions when signing in. Solely the most recent version of the general terms and conditions as published on the web pages run by VISIT-X is valid. Eligible for using the services of VISIT-X are all persons of full age. The user must be able to give proof of age at any time.
All users have to treat each other with respect and fairness. All contact shall be tolerant.
When signing up for the services the user assigns himself a login name and password for identification. The login name as well as the password must be protected and kept secret from third parties, especially minors. The user is fully responsible for any service obtained or engaged in under his login name and password via the platform. The user is required to inform VISIT-X instantly if the login name or password is lost or if a third party has gained access to this information.
The user is required to abide the law. It is particularly illegal to request, offer or encourage illegal content such as violence promoting performances, sex with minors or animals or similar content via VISIT-X. The user must not collect, use or process data of other users. It is furthermore forbidden to hassle, threaten or cause discomfort to others. Every user is requested to keep information about others in connection with VISIT-X confidential.
The user must not use the VISIT-X platform for any kind of advertising. It is explicitly forbidden to entice broadcasters or visitors away for own services or services of third parties. A breach of rules will result in exclusion of the user from the service. Furthermore the user must pay a penalty of 5,100.00 EURO to VISIT-X. VISIT-X explicitly reserves the right to make further claims.
When signing up as well as when further using VISIT-X the user must provide correct, comprehensive and recent personal data. Changes of such data must be relayed to VISIT-X without delay. If there is doubt regarding the correctness of the provided data, VISIT-X may cancel the user's access to VISIT-X and related services temporarily or permanently until the user provides confirmation about the correctness of his data.
VISIT-X and the broadcasters may terminate the connection at any time if there is suspicion of a criminal offence. VISIT-X will also exclude all involved parties from any use of VISIT-X's services und report the offence and all involved parties to the police. Also VISIT-X may exclude any user temporarily or permanently from the service if the user hassles or otherwise interferes with the broadcaster or other people. The same applies for violations of these terms and conditions. VISIT-X is entitled to use all technical and other means to ensure compliance with the law and the terms and conditions.
All notifications to the user by VISIT-X and the service providers listed in the imprint section can either be transmitted electronically by e-mail, as a general announcement on the webpage or by mail.
Terms of Service
VISIT-X is a service of VISIT-X B.V., Karspeldreef 14, 1101 CK Amsterdam, The Netherlands, offering an internet-based platform for users (broadcasters and visitors) to exchange or present data to each other (texts, pictures, videos, live recordings etc).
VISIT-X may employ subcontractors and other third parties for individual services for operating VISIT-X. VISIT-X would like to stress that when subcontracting third parties, VISIT-X may relay relevant data to the contracted party in order to process the job, ensuring that all privacy policies are met.
VISIT-X assumes no liability for possible delay, deletion, faulty transmission or breakdown of the servers whilst users communicate with each other.
Remuneration
VISIT-X reserves the right to integrate and/or terminate certain payment methods. VISIT-X furthermore reserves the right to offer various methods of payment to various users or exclude individual users from certain payment methods.
Signing up for VISIT-X and using certain services of VISIT-X is free of charge. Services with costs are labelled. Tariff rates for the performances of the broadcasters are normally agreed upon individually between the performers and the visitors. This is carried out by presetting a per minute fee by the broadcaster.
By accessing the service via a payment method requiring a telephone connection the set tariffs are valid. When accessing the service via a premium access number the entire online time will be charged by the telephone company irrespective of the actual use of the video chat with the broadcaster.
In case of a chargeback by the user, the user is obligated to compensate for the charged back amount of money as well as for the increased operating expenses (50.00 Euro per chargeback) and further potential costs such as chargeback fees of the bank or Credit Card Company. Further claims will remain unaffected. If the user has doubts regarding the billing, he shall contact the services provider in charge of clearing listed in the imprint section before the chargeback to clarify the situation. In the event of a warranted claim VISIT-X may retransfer the money after a safety period of minimum six weeks. Otherwise the user is obligated to pay the fees for the increased operating expenses and the chargeback fees even if his claim is warranted.
Terminating the contract
A contract results between visitor and broadcaster as soon as the visitor signs in to VISIT-X and starts a video conversation with a broadcaster by clicking the respective button. The contract ends with the termination of the video conversation.
The use of VISIT-X or of a service of VISIT-X can be terminated by VISIT-X or the user at any time without giving any reason. Termination by the user requires the login name and e-mail address of the user or other data to clearly identify the user. A notification by e-mail is sufficient. Some services allow the termination by clicking the respective button.
Services subscribed to on a weekly or monthly basis can be terminated by the end of the week (Sunday, 12pm GMT) and the end of the month respectively. Applicable is the confirmation of the termination by VISIT-X or the service provider. The confirmation of termination will be sent out immediately to the e-mail address provided when signing up after the written termination has been received. VISIT-X is not responsible for misrouted, delayed, invalid or lost through the post letters of termination or e-mails.
Data collection and data handling
All relevant data for billing and accounting will be collected and processed by VISIT-X. This includes inventory data, usage data und billing data.
VISIT-X collects the following data of the user: IP-address, access data, access time, accessed content by the user und duration of connection of a chat with the individual user as well as the total connection time with VISIT-X.
A technical connection is established directly between the performer and the visitor. However, VISIT-X may log and access an individual session. VISIT-X does therewith not assume responsibility for supervising services or performances of a broadcaster or the legitimacy of the content of a chat.
The broadcaster, represented by VISIT-X, may gather information from credit assessment companies about the visitor. The visitor agrees that VISIT-X passes on data due to non-contractual behaviour (cancellation of the credit card due to misuse by the credit card holder), causing chargeback by unchallenged claims, requested order to pay by unchallenged claims, forced sale of collaterals). According to the German data protection act those reports may only be carried out in order to protect the eligible interests of VISIT-X or the general public and as long as the protection worthy interests of the visitor are not affected
Regulations for different methods of payment
VISIT-X is authorised to collect money due from the users on its own behalf or on behalf of service providers.
When using the so called pre-paid option the user tops up a virtual account with fixed amounts of money. Various methods of payment are available. For topping up the account by direct debit an account management fee of 2.50 EURO is being charged. The credit balance on account is a virtual credit. Refundment is not possible. If the account is inactive for more than six months, it expires and will be deleted.
When exchanging video communication and chats, VISIT-X merely provides the technical platform and its payment platform but is by no means the contractual partner of either side. If the client, however, chooses to pay by credit card, camPoint AG acts as the contractual partner.
When using payment by credit card the user gives his credit card number for validation. The amount due can be charged on the user's credit card by VISIT-X either consolidated or separately in one or more bookings per month. An additional handling fee of 1.00 EURO will be charged by VISIT-X when paying by credit card.
If desired the user can define individual cost limits per month. A limit may also be defined by VISIT-X.
Liability
VISIT-X is not liable for any content, performances or other behaviour as well as data and files transmitted by users.
VISIT-X is not liable for loss of data or alterations of data, transmission errors, display errors, data delays, and acts contrary to contract of other users or for circumstances within the area of responsibility of third parties (energy suppliers, network operators, telephone companies, unauthorised persons). VISIT-X is not liable for all data transmitted by users. VISIT-X is furthermore not liable for direct or indirect references to external web pages that are out of VISIT-X's area of responsibility. VISIT-X does under no circumstances adopt the content of other web pages. In case of attributably negligent breach of duty the liability of VISIT-X is restricted to cardinal obligations as well as the violation of life, body and health and to attributably deliberate or wantonly negligent breach of duty. The exemption from liability and limitation of liability of the previous paragraphs apply also to the personal liability of the employees and subcontractors of VISIT-X. Any liability is, however, restricted to an amount of 5,000.00 EURO per individual case.
The user exempts VISIT-X, the VISIT-X staff and service providers subcontracted by VISIT-X as well as companies related to those subcontracted companies from demands by third parties based on requirements and claims and compensate for what comes from an infringement of these terms and conditions or from rights of third parties and/or in combination with the use of services and the connection with the services.
Responsibility for content
Any responsibility for all content and information (data, texts, software, music, sounds, pictures and videos) which the visitor obtains whilst using the respective service lies fully with the provider of the respective service (performer).
Any responsibility for all content and information (data, texts, software, music, sounds, pictures and videos) which the visitor obtains from the provider of the service whilst using the respective service lies fully with the person who has provided the respective content.
All data material which a user has obtained via VISIT-X, in particular pictures and videos is only destined for his private purposes. A commercial use of any kind as well as any other distribution of material received via VISIT-X, whether it is for non-commercial or free distribution is prohibited without the explicit consent of VISIT-X. A breach of this regulation will lead to immediate exclusion of the user from all services. Furthermore the user is required to pay a penalty fee of 5.100,00 EURO to VISIT-X. VISIT-X explicitly reserves the right to make further claims.
Instructions for revocation
Right of revocation:
The user can revoke his contractual declaration in a text form (e.g. letter or e-mail) within one month without stating any reasons. This deadline shall begin after receipt of these instructions in a text form however not before the conclusion of the contract and not before satisfaction of the information obligations of VISIT-X according to Article 246 § 2 in conjunction with § 1Par. 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as the duties of VISIT-X according to § 312g Par. 1 Sentence 1 BGB [German Civil Code] in conjunction with Article 246 § 3 EGBGB. The timely despatch of the revocation is sufficient in order to adhere to the deadline for revocation. The revocation is to be sent to:
Letter: VISIT-X B.V., Karspeldreef 14, 1101 CK Amsterdam, The Netherlands
E-mail: support@visit-x.net
Consequences of revocation:
In the event of an effective revocation the services received by both parties are to be refunded and if applicable any drawn benefits (e.g. interest) to be handed over. If the user cannot or partly not refund or hand over, or only refund or hand over in a deteriorated condition, the received service as well as benefits (e.g. benefits of use) to VISIT-X he must accordingly pay VISIT-X compensation for value. This can lead to the fact that the user must nevertheless satisfy the contractual payment obligations for the period of time until the revocation. Obligations for the reimbursement of payments must be satisfied within 30 days. The deadline shall begin for the user with the sending of his declaration of revocation, for VISIT-X with its receipt.
Special instructions:
The right of revocation of the user shall lapse prematurely if the contract has been satisfied in full by both parties at the explicit request of the user before the user has exercised his right of revocation.
End of the instructions for revocation
Miscellaneous
The contractual relationship between the parties of the contract shall be governed by Dutch law. If VISIT-X subcontracts a third party with services regarding VISIT-X the law of the subcontractor's registered country applies as long as the country is part of the EU. Contractual language is German.
Should one of the terms of the general terms and conditions become invalid or be or become impracticable, the parties are required to replace the invalid or impracticable terms by valid and practicable terms. In the sense of economical success those terms must be as close to the invalid or impracticable terms that it can be assumed that the involved parties might have closed the contract on those terms. If the parties cannot agree on such new terms, the invalidity or impracticability of one or several terms does not render the contract as a whole invalid except the invalid or impracticable terms are of such importance that it must be plausibly assumed that the parties would have not closed the contract without the invalid or impracticable terms. The same shall apply if and to the extent that the agreement is found to contain any gaps or omissions.
Valid as of September, 9th 2011