Terms and Conditions
The General Terms and Conditions ("T&Cs") set out below govern the terms and conditions of use of the Erobella platform (including associated sites) and the placement of advertisements or content and the use of services on the Erobella platform. The terms and conditions apply to visitors to the website and community members/users who are not acting as clients, where applicable. It is also possible to access and download the terms and conditions on Erobella.com.
Advertisers agree to the terms and conditions by clicking on the tick box regarding the terms and conditions. Also by using the site, advertisers and users agree to the validity of the terms and conditions and agree to them. Any terms and conditions of advertisers and users or conflicting terms and conditions will not become part of the contract.
The provider reserves the right to adapt or change the T&Cs. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to these Terms and Conditions, You must not access or otherwise use the Site.
§ 1 Services of the provider
The service provider makes the Erobella platform available. The platform enables legally competent, commercially active natural persons or legal entities and business partnerships (referred to above and hereinafter as "clients or advertisers") over 18 to publish media, texts, images, graphics, calculations, data, music, video sequences etc. (hereinafter referred to as "content") after registration. Legal representatives of such persons, such as agencies, may also obtain membership as legal entities. Minors are strictly prohibited from registering on the provider's platform and from using it. The publication is generally free of charge; the advertiser client has the option of purchasing chargeable functions or packages. Chargeable functions are clearly marked as such and can be activated by the client. The prices for chargeable services can be viewed by registered members on the provider's platform. The provider enables, among other things, the accessibility of the advertisers' content.
The platform enables natural persons over 18 years of age who are legally competent ("users") to view the profiles or content and other information of clients, to exchange information with them and, if applicable, to submit reviews. In doing so, the provider does not act as an intermediary, but limits itself exclusively to the technical implementation of the presentations designed by clients on their own responsibility.
The Provider does not undertake any review of the content transmitted or uploaded to the Provider by the Advertisers. The provider can not guarantee the accuracy, appropriateness or quality of the content. The provider reserves the right to refuse the publication of content on the platform at its own discretion, as well as to correct or delete unpublished and already published content and/or to temporarily or permanently block the account of the Advertiser. The application of the aforementioned measures by the Provider shall not affect the Advertiser's existing payment obligations towards the Provider, which remain unaffected and continue to exist in their full extent. The Provider does not carry out any verification of the content uploaded by Clients to the Platform and does not assume any warranty for correctness, appropriateness and quality. Clients have the possibility to be "verified". For this purpose, clients must prove their identity in a suitable form, for example by presenting their passport or another suitable form.
Advertisers have no legal claim to the publication of content on the Provider's platform or to the use of the services and functions offered by the Provider. In the event of violations of these terms and conditions, legal provisions, the provision of false information or other important reasons, the advertiser/user may, at the discretion of the provider, be virtually banned from using the services of the provider in the future. Limited or unlimited virtual bans do not affect the advertiser's existing payment obligations in relation to paid functions used; these obligations continue to exist in full. It is at the discretion of the provider whether and which measures he takes, as well as the extent. Advertisers/users against whom a virtual ban has already been imposed are prohibited from registering again on the provider's platform.
Services, functions and contents of the platform may be changed, extended or restricted by the provider at any time. As far as paid functions are changed, the provider will ensure an appropriate compensation.
Communication between advertisers or users in private messages takes place without inspection by the provider. If the provider has legal, judicial or official obligations, the provider may carry out corresponding searches, inspect and pass on corresponding material to the relevant authorities.
On Erobella, advertisers and users can purchase virtual funds from the provider. The return or refund of the amount paid is, within legal limits, excluded until further notice.
The provider reserves the right to restrict, expand, modify or, if necessary, completely discontinue the use of its platform without prior notice or consent. In addition, the provider also reserves the right to change access modalities or to no longer provide the services offered free of charge. There is no legal claim to permanent use of the platform without or against payment.
§ 2 Contract Advertiser
To use the platform, advertisers must register. A valid e-mail address and, if applicable, a valid mobile phone number and address are required for registration. In the course of registration, the advertiser chooses a username and password. Subsequently, the advertiser will promptly receive an email notifying him of the receipt of his data and confirming the conclusion of the contract.
Registration by the Advertiser constitutes a request to conclude a contract for the use of the services provided by the Provider, whereby the Applicant has no claim to the conclusion of the contract by the Provider.
By requesting the conclusion of a contract of use, the advertiser declares that he/she is a natural person (or legal entity (or corporation)) of full age (over 18 years), has full legal capacity, operates a business and is therefore considered a business/entrepreneur.
Multiple accounts of one person are only permitted if accounts are managed by a manager as a so-called "manager account". If this is the case, it is the responsibility of the administrator of the respective manager account to ensure that only one account is published for a person at any one time; a manager can manage or create several accounts for different persons, but the rule is that several accounts of the same person (or showing the same person) are not allowed to be published at the same time. If several accounts are published showing the same person, the provider has the right to deactivate, change or delete one or all of them.
§ 3 Contract User
Users can register for free to use the platform. The requirement for registration is a valid and permanent email address and, if applicable, a valid mobile phone number. In the course of registration, the user chooses a user name and password. Subsequently, the user will promptly receive an email notifying him/her of the receipt of his/her data and confirming the conclusion of the contract.
Registration by the user constitutes a request to conclude a contract for the use of the services provided by the provider, whereby the user has no claim to the conclusion of the contract by the provider. Multiple user accounts for one person are generally not permitted.
By requesting the conclusion of a contract of use, the user declares that he/she is a natural person of legal age (over 18 years) and has full legal capacity.
Multiple user accounts are not permitted on Erobella and may be deactivated or deleted by the provider.
§ 4 RESPONSIBILITIES OF THE ADVERTISER
Advertisers are fully responsible for the content they submit to the provider/platform. When registering, advertisers undertake to provide only truthful, complete and up-to-date information about themselves and to meet the minimum requirements for creating content on the platform. If the advertiser uses or purchases paid options/functions on the platform, he undertakes to pay the agreed remuneration for the option/function without delay.
The advertiser must notify the provider immediately and without unnecessary delay in writing of any changes in name or address. If additional expenses occur for the provider as a result of a delayed notification by the advertiser, these are to be borne in full by the advertiser.
If there are justified doubts about the authenticity of the advertiser's data, the provider may, at its own discretion, temporarily block the account and demand proof of the authenticity of the data from the advertiser in order to protect other users/clients/visitors. If the advertiser does not comply with this request immediately, the provider is entitled to temporarily block or delete the account. A refund for amounts already paid by the advertiser (e.g. for the use of paid functions) is excluded.
The advertiser agrees not to disclose login data to third parties, in particular to juveniles, and to adequately protect login data from access by third parties. To ensure sufficient protection, passwords should be changed at regular intervals and in accordance with current password guidelines. The advertiser is liable for damages caused by the disclosure of access data to third parties or unauthorised use by third parties. In the event of justified suspicion of misuse, the advertiser must change the password immediately and inform the provider without delay.
The advertiser expressly agrees and consents to the processing of his data. The processed data may be personal data, data on sexual life or sexual orientation, as well as other uploaded content of the advertiser. The advertiser is aware and agrees that their data and content as well as photographs of their person may be published on Erobella and partner sites as well as mobile services for the purpose of advertising the advertiser's services. The advertiser is free to revoke his consent to the processing of his personal data and content at any time by e-mail or by mail to the provider.
Advertisers are responsible for their own activities, information and content and are obliged to comply with all relevant legal provisions. This applies in particular to the areas of copyright law, trademark law, youth protection law as well as all legal requirements relevant to the exercise of the profession. The advertiser guarantees that he/she has all the necessary rights to the content used by him/her and that the use or exploitation of this content does not conflict with any rights of third parties (e.g. rights to his/her own image, rights to a name). The advertiser guarantees that the contents published by him do not violate any provisions of these Terms and Conditions or any other legal provisions. The advertiser undertakes to immediately provide proof of ownership of the content used by the advertiser in the event of a request by the provider. In the case of the use of third-party content, the advertiser assures that he has all the necessary consents from the copyright holder at the time of the upload, or that the copyright holder waives his rights and that the advertiser can also prove this in writing. Advertisers are prohibited from uploading prohibited content (see below) or using it in any other form on the platform or linking to it.
The advertiser undertakes to use a respectful tone and to treat all parties on the platform with respect. In the event of non-compliance, it is at the discretion of the provider to take appropriate sanctions. If the provider becomes aware of criminal conduct, he reserves the right to involve or inform the competent authorities.
Furthermore, the Advertiser undertakes to fully and immediately indemnify the Provider (or companies affiliated with the Provider and also its employees, representatives, shareholders and any auxiliary persons of companies affiliated with the Provider) from all claims of third parties due to infringements of legal provisions by content placed or uploaded by the Advertiser onto the platform.
If a claim is made against the Provider by a third party on the basis of conduct and/or omission on the part of the Advertiser, the Advertiser undertakes to provide the Provider without delay with all the necessary information required for an examination of the claims and a defense. The advertiser agrees to fully cover all necessary costs related to the legal defense and all court and lawyer's fees upon first request by the provider and to fully and immediately reimburse any expenses already incurred.
The Advertiser warrants that it has obtained and maintains all consents, licences and permits necessary to lawfully advertise and offer escort or sex work services in the relevant location where it advertises or offers its services. The Advertiser warrants that its advertising complies with all relevant laws of the country, state and territory in which it advertises or offers the Advertiser's services and includes all relevant anti-discrimination laws in both the Advertiser's content and the Advertiser's services. The Advertiser agrees that it is the Advertiser's sole responsibility, and not that of the Provider, to ensure that its advertisement complies with all relevant legal requirements of any other country in which the Advertiser advertises or provides escort services, including the states and territories in which it is currently touring.
§ 5 Responsibilities of the User
Users agree not to pass on their access data to third parties, in particular juveniles, to protect them from access by third parties and to change passwords for their own security at regular intervals in accordance with current password guidelines. Users shall be liable for all damage caused by the disclosure to or use by third parties. In the event of justified suspicion of misuse, the password must be changed immediately and the provider informed without delay.
Users have the opportunity to create reviews of their experiences on the platform. In doing so, they undertake to make only factual and truthful statements. Unobjective, insulting statements or statements that violate the personal rights of third parties will not be tolerated and can be deleted after being reported.
Users are solely and fully responsible for the content they submit to the provider/the platform. When registering, users undertake to provide only truthful, complete and up-to-date information about themselves and to fulfill the minimum requirements for creating content on the platform. In the event of doubts as to the authenticity of information and content, it is up to the provider to temporarily block the account and demand proof of authenticity from the user. If the user does not comply with this request immediately, it is at the provider's discretion to temporarily block or delete the account.
Users of the platform are obliged to fully comply with the provisions of these Terms and Conditions. Furthermore, users undertake to use a respectful tone and to treat all players on the platform with respect. In the event of non-compliance, it is at the discretion of the provider to take appropriate sanctions. In the event of possible criminal offenses, the provider reserves the right to call in the relevant authorities.
Users are responsible for their own activities, information and any content and are obliged to comply with all relevant legal provisions (including copyright law, trademark law, youth protection law). The user guarantees that he/she has all the necessary rights to the content used by him/her and that the use and/or exploitation of this content does not conflict with any rights of third parties (e.g. the right to one's own image, the right to a name, trademark rights of third parties) and that the content does not violate the provisions of these terms and conditions or other legal provisions. In addition, the user undertakes to provide proof of ownership of the content used by the user without delay if requested to do so by the provider. In the case of the use of third-party content, the user assures that he has obtained all necessary consents from the copyright holder and that the latter waives his rights and that the user can also prove this in writing. The user is prohibited from uploading prohibited content (see below) or using it in any other form on the platform or linking to it.
If a claim is made against the Provider by a third party on the basis of conduct and/or omission on the part of the user, the user undertakes to provide the Provider without delay with all the necessary information required for an examination of the claims and a defense. The user agrees to fully cover all necessary costs related to the legal defense and all court and lawyer's fees upon first request by the provider and to fully and immediately reimburse any expenses already incurred.
Users' interactions with agencies and/or individual advertisers found on or through the providers platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such agencies and/or individuals. Users should make any enquiries they deem necessary or appropriate before engaging in any online or offline transaction with any of these third parties.
§ 6 Granting of rights
By transmitting or uploading/creating content, the advertiser, as well as users where applicable, grant the provider a free, unrestricted and spatially unlimited right of use to use, present or make the content publicly accessible on or via the provider's platform.
The Advertiser also agrees that content or parts thereof transmitted to the Provider may be used by the Provider for advertising on partner platforms in order to promote the Advertiser and to increase the number of enquiries the Advertiser receives.
The aforementioned granting of rights expires with the completed deletion of the advertiser's account. The Provider does not guarantee the completeness, accuracy or usability of the content published/uploaded on the platform.
§ 7 Content
Advertisers (also called "clients" or "creators") have the possibility to create content such as photos or videos and offer them for sale on the website. Users can purchase this paid content. The purchase contract is concluded between the user and the provider in the name and for the account of the provider. The advertiser expressly allows the provider to offer the content for sale to users in its own name and on its own account.
If content produced by an advertiser is acquired by a user from the provider for a fee, the advertiser is entitled to receive a commission from the provider. If content produced by an advertiser is purchased by a user for a certain period of time, it is the advertiser's responsibility to upload new content on a regular basis. The provider is entitled to mark accounts with little or no current activity as such. These can be accounts for which the advertiser uploads little or no new content. The classification as an account with little or no current activity is at the discretion of the provider.
The conclusion of the contract for content of an advertiser takes place on the respective profile page of the advertiser. The provider has no influence on the type, quantity, frequency or quality of the advertiser's content. The advertiser makes content available to the provider at his own discretion. If a user decides to purchase the content created by an advertiser and made available to the provider, the user must explicitly initiate the respective order by clicking on the corresponding button ("Pay now!" or similar). With the corresponding click, the user expressly agrees to the price and duration listed on the advertiser's profile page. All prices quoted on Erobella for the advertiser's content are inclusive of the value added tax / GST.
The contents acquired by the user are intended exclusively for personal use. Downloading of the content is not permitted. The distribution of this content by the user is prohibited and will be reported to the police. Any activity on the website may be stored. In case of suspicion of criminal offenses, the identity of the user can be determined by the authorities in connection access provider.
The provider is entitled to verify the advertiser's identity at any time. To this end, the Provider is in particular entitled to compare photos or videos of the Advertiser with the Advertiser's identification documents and will request these from the Advertiser if necessary. The provider may also involve or appoint third parties for the corresponding verification.
Both parties - the provider and the advertiser - may terminate the contract concluded for an indefinite period of time for the use of Erobella as advertiser at any time without having to give reasons by notifying the other party in writing (text form is sufficient). In the event of a regular termination, the contractual relationship between the advertiser and the supplier shall end at the end of the period of time at which the use by the last paying user of the advertiser could end at the earliest, i.e. at the latest 30 days or one month (whichever is shorter) after termination by the advertiser. From the time of its termination, the provider may restrict the purchase of content by users. If no user has ongoing rights to access the advertiser's content at the time of termination, the termination shall take effect immediately.
Rights and responsibilities with regard to content
The advertiser guarantees to own all necessary rights to the content offered, uploaded and offered for sale on the website. Insofar as other persons can be seen on the content uploaded and published by the advertiser, the advertiser is responsible for having obtained the necessary rights from these person(s) in advance, in particular the express permission for publication and distribution. The advertiser guarantees to prove the respective legal ownership and/or permission to the provider upon request.
If uploaded content of the advertiser (e.g. videos) contains music, it must not be GEMA-protected music. Only GEMA-free music may be played in the videos posted by the advertiser on Erobella. Upon request by the provider, the advertiser must prove that the music is GEMA-free. The regulation applies accordingly to other or foreign royalty organizations.
At the moment of purchase by the user, the advertiser grants the provider all necessary rights to make this content accessible to the purchaser for the duration of the contract period. At the moment of clicking on the "Buy" button (or analogous wording), the advertiser / provider transfers all necessary rights to use and access the content to the user for the period specified in advance (hereinafter "license period"). The user thus receives access to the respective content during the license period.
Adult Content
If a user wishes to view/access pornographic and/or adult content of an advertiser, an age verification (AVS) may be required in advance. The required verification can be carried out by a suitable AVS provider.
Advertisers are also entitled to upload and publish pornographic content and content unsuitable for minors on the website. Advertisers must mark content as 18+ when uploading it, if applicable, so that the provider can activate AVS if needed. It is the advertiser's responsibility to mark content as 18+. Uploading criminally relevant content is prohibited.
Contractual relationship
In principle, the Advertiser is entitled to set the fee for access to its content itself, if necessary within limits set by the Provider. Regardless of this, the provider has the right to set lower prices for the advertiser's content. The provider is also free to set a higher price for the content than the price set by the advertiser. The actual price paid shall be used for the calculation of a possible commission. The advertiser's claim to payment shall only arise upon successful payment by the user.
Users can purchase individual access to content for a limited period of time. Payments are made in credits. Content purchased by users is delivered by the provider in digital form. The user has the possibility to access the purchased content via the website.
A payout of credits must be requested by the advertiser in the account. The payout can be requested at intervals of 14 days, provided that the credit balance amounts to at least €50 in each case. The payout usually takes place 5 working days after the request for the payout. The transfer time of the banks must be added.
Credits from the provider are to be taxed by the advertiser according to the stated status (e.g. small business). The advertiser is solely responsible for the taxation of the sales commissions earned via Erobella and the payment of any VAT/GST and other taxes (trade tax, income tax, etc.) due on this amount. If an advertiser is an entrepreneur who is subject to VAT/GST (entitled to deduct input tax), the provider must be provided with corresponding proof that. This can be issued by a tax consultant or the responsible tax office and must not be older than 6 months. If this is the case, the commissions are understood to be plus the corresponding turnover tax.
§ 8 References and Links
In the case of direct or indirect links to external websites ("hyperlinks"), which lie outside the area of responsibility of the provider, the provider can only be held liable if it is aware of the content and it is technically possible and reasonable for it to prevent use in the case of illegal content. The advertiser/user expressly declares that at the time the links were created, no illegal content was identifiable on the linked pages. The provider has no influence on the current and future design, content or authorship of the linked pages. For this reason, the provider hereby expressly distances itself from all contents of all linked pages. This applies to all links and references set within the Internet as well as to third-party entries. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such information, the provider of the linked page alone is liable, not the person who merely refers to the respective publication via links.
§ 9 Infringement of rights
The provider has the greatest interest in protecting the rights of third parties and to prevent the publication of infringing content as far as possible. Should a user/advertiser or other visitors to the platform be of the opinion that content infringes their rights (e.g. to their own image, rights to a name, trademark rights) or other rights (e.g. provisions relating to the protection of minors), the provider requests that the following information be communicated to the provider in writing without delay:
- Name, link and description of the infringing content;
- Description of the infringement including evidence;
- Contact details and e-mail address of the infringer or authorised representative;
- Declaration that the content infringes the rights of the infringing party or its authorised representative, including the signature of the rights holder (or another authorised person), including a declaration under oath that the information provided is correct.
Serious notices of infringement will be investigated by the provider and appropriate legal action will be taken if necessary. It should be noted that any abuse can be pursued.
We reserve the right to cease operation of the Platform without notice and without cause; and/or to terminate our relationship with users without notice and with immediate effect if you breach the Terms in any way; and/or to terminate our relationship with an Advertiser without notice and with immediate effect if the Advertiser breaches the Terms in any way.
§ 10 Runtime and Listing
The advertiser's content is published on the provider's platform for an indefinite period of time. The advertiser can purchase additional features for a fee for an agreed term. After expiry of the agreed term, the additional paid feature is automatically deactivated. Cancellation is not required in this respect. The Provider will endeavor to inform advertisers of the possibility of an extension before the end of the term.
Advertisers have the option of canceling activated paid features even before expiry of the agreed term; an early request for cancellation on the part of the advertiser does not affect the advertiser's payment obligations.
No refunds will be given if an advertiser changes their mind about using the services before the end of the period covered by the relevant fee paid in advance. If a major problem occurs with the service that constitutes a failure on our part, an advertiser may be entitled to cancel their advert and receive a refund for any unused Services; or they may choose to continue their advert and receive compensation equal to the difference in value between the service received and the amount paid. The advertiser needs to contact the provider to report the serious failure of the service and we will arrange the refund or compensation promptly.
For the processing of payments of users and advertisers, the provider cooperates with external payment providers. With payment, the advertiser agrees to the terms and conditions of the respective payment provider. We reserve the right to change the payment processing provider from time to time. We reserve the right to delay or cancel payments to prevent unlawful activity, fraud, risk assessment, security or investigation. Additional fees for payments from abroad or for any payment method may be charged by third party merchants and should be acknowledged by the advertiser or/and user. It is the users/advertisers responsibility to ensure that their chosen payment method has sufficient funds to pay the fees, to pay any bank charges, including any charges levied by your bank for overdrawing your account as a result of paying the fees and, if a payment fails, to pay any reasonable administration fees.
§ 11 Cancellation policy
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly commercial. In contrast to consumers, commercially active or self-employed advertisers do not have the right of withdrawal. Users who are classified as consumers have the right of withdrawal as shown below.
Right of Withdrawal
Consumers have by law in certain countries the right to withdraw from a contract within fourteen days without giving any reason. The cancellation policy / right of withdrawal is only valid/applicable in countries where having the right to withdrawl is legally mandatory like in member states of the European Union. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must send us (Marketing Services International B.V., Keizersgracht 62, 1015CS, Amsterdam, Netherlands, e-mail: [email protected]) by means of a clear declaration (e.g. a mailed letter or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged any fees for this refund.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
| Sample withdrawal form (If you wish to revoke the contract, please complete and return this form). To: Marketing Services International B.V. Keizersgracht 62 1015CS, Amsterdam Netherlands
I/we (*) hereby revoke the contract concluded by me/us (*) for the supply of the following services_________________________________ ordered on (*)/received on (*) ________________________________ Name of the consumer(s) __________________________________ Address of the consumer(s) _____________________________________________________________________ Signature of consumer(s) (only in case of paper communication) ___________________ Date --------------------------------------- (*) Delete where not applicable. |
§ 12 Intermediation
All intermediaries acting on behalf of the provider act without power of representation. Intermediaries act only as intermediaries to deliver offers to advertisers on behalf of the provider.
§ 13 Database rights
All rights (copyrights, trademark rights and other property rights) to the database and to uploaded content shall be held exclusively and in full by the provider. Any rights of the advertiser to content used/uploaded by him remain unaffected by this.
It is prohibited to modify copyright notices or other notices of intellectual property rights on the Erobella platform. It is forbidden to use the contents of the provider's database to create one's own database in any media form or for commercial data exploitation or the provision of information. It is also prohibited to integrate or link the database or individual elements of the database with other databases or meta-databases.
§ 14 Warranty
Databases and technical devices provided by the provider are in line with the current technical standards. The Provider endeavours to ensure the greatest possible availability of the platform. Due to circumstances beyond the control of the provider (force majeure, fault of third parties, etc.) or due to maintenance work, there may be temporary restrictions in the accessibility of the platform or its provided services. The Provider excludes any warranty for the continuous accessibility or retrievability of its platform and is not liable for any downtimes due to care and maintenance work. The provider does not guarantee the authenticity and preservation of uploaded content. In the event of deletion, modification or blocking of an account due to a breach of the terms of use, there is no claim to the return of the client's/user's stored content or communication data. To the fullest extent permitted by law, all conditions or warranties otherwise included in these Terms are excluded. Where legislation implies a condition or warranty and that legislation prohibits us from excluding or modifying the application of such condition or warranty, that condition or warranty shall be deemed to be included.
§ 15 Prohibited contents
The use/publication/upload/posting of prohibited content - racist, discriminatory, obscene, in breach of legal provisions or other illegal content - is prohibited. The provider may immediately block or delete such content without the consent or notification of the advertiser or user. In doing so, the provider reserves the right to block accounts without prior warning or information and also to issue a virtual ban of the account. This does not change existing payment obligations of users and advertisers. If this provision is violated, it is at the discretion of the provider to impose a contractual penalty of up to EUR 1,000.00 on users or advertisers for each individual violation, which does not affect any rights to damages. Prohibited content may also include, for example, links to offers subject to a fee or advertising for third-party offers, i.e. content that misuses the provider's platform for advertising purposes.
Due to relevant legal provisions in some countries, it is strictly prohibited to advertise unprotected sex in any form (whether explicitly or by means of abbreviations or synonyms) in these countries on the platform. If the provider becomes aware of a violation of this provision, the relevant advertisement will be removed immediately or/and the advertiser/profile will be blocked.
Furthermore, it is prohibited to use/publish/upload or post pornographic content (18+) in any form on the platform without marking it as 18+ content. If the provider becomes aware of a violation of this provision, the content concerned or the advertisement concerned may be removed immediately by the provider and, if necessary, a virtual ban can be imposed.
Users and/or Advertisers agree, regardless of any other provision of these Terms and Conditions, under penalty of the penalty described above (or any additional legal action), not to spam or attempt to solicit Advertisers or Users for other platforms; upload any code that may limit or otherwise affect the functionality of the Platform, in any form whatsoever; collect any content or information from Advertisers and Users through automated mechanisms; post any content that is objectively or abstractly likely to incite or contain violence; threaten to intimidate or harass Users or Advertisers; post any content that is objectively or abstractly likely to incite or contain violence; publish content that is abusive, threatening, incites violence or contains violence; threaten to intimidate or harass users or advertisers; or take any action that is objectively or abstractly likely to cause unlawful, misleading or discriminatory conduct, overburden the Platform or impair its functionality or that could be considered abuse.
Each user and/or advertiser undertakes to fully indemnify and hold the provider and/or its affiliated entities harmless (compensation for any subsequent disadvantage) in relation to any claims by third parties due to infringements of rights by content, statements or actions posted/uploaded or said/written by the user or advertiser. Users and/or advertisers guarantee to reimburse the provider for all costs of necessary legal defense, including all costs incurred by the provider, such as court costs and lawyers' fees, as well as any costs for damages or loss of earnings, etc., immediately after being requested to do so by the provider. This indemnification survives the expiration or termination of these Terms.
§ 16 Limitation of liability
Regardless of the legal grounds, claims for damages of any kind against the Provider are invalid and you release the provider from any claims, demands and damages, of every kind and nature, known and unknown, unless the Provider or its legal representative or vicarious agent can be accused of gross negligence or intent. Any liability of the Provider for damages to body, health and life as well as according to the Dutch legal provisions on product liability in the Dutch Civil Code or, if applicable, according to other product liability provisions of other countries, shall remain unaffected. If the Provider violates essential contractual obligations, the Provider shall be liable up to the amount of the actually foreseeable damage. This also applies to companies, employees, representatives, partners and vicarious agents associated with the provider and/or companies associated with these persons. We do not endorse or verify any Advertiser Content and expressly disclaim any and all liability in connection with them. We are not liable for any claims by users or other third parties.
the Provider does not take part in any communications, postings, promises, proposals, resulting contracts or transactions entered into by you and the users of the Website. We are merely an advertising platform.
The Provider cannot ensure or guarantee that any user of the Website will enter into any contract or transaction. You must conduct your own independent due diligence before entering into any contracts with advertisers/users and ensure that you implement security procedures. You hereby release the Provider (and its affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with this Agreement. This includes, without limitation, all disputes relating to the performance of obligations of such users/advertisers and payments for services rendered.
§ 17 Final provisions
Dutch law shall apply exclusively. The place of jurisdiction for actions by and against the provider is Amsterdam. The provider has the right to bring an action against advertisers at their ordinary place of jurisdiction. In the case of consumers, the aforementioned choice of jurisdiction shall only apply to the extent that the protection granted by mandatory legal provisions of the state of the consumer's usual place of residence is not revoked as a consequence to this provision.
In the event that individual provisions of these Terms and Conditions are invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remainder of the contract/the Terms and Conditions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.