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A Terms and Conditions

By registering, the user of portals of the Swiss Media Factoring GmbH in the internet agrees to the following terms and conditions. Users of the portal must be 18 Years of age. The portal is a service of Swiss Media Factoring GmbH, Gubelstrasse. 12, CH -6300 Zug (hereafter seller)

§ 1 Validity

  1. 1 By registering with the operator making the user acknowledges the terms and conditions of the provider.
  2. 2 Different rules are not valid unless the provider has agreed in writing with this agreement.
  3. 3 The provider reserves the right to change the terms and conditions and adapt to new situations. The user agrees to the terms and conditions on the application before the change contracts negotiated agreement if the provider notifying him that a change of conditions has taken place and he does not object within a period of two weeks after the notification of change. The change notification contains again the reference to the possibility and the period of objection and the significance or consequences of not a contradiction. The notification of change takes place by email.

§ 2 Scope and liability

  1. 1 The provider operates fee-based Internet sites, based on the set of users and/or by the provider and its content partners (also live via webcam) provided, in turn, look to the users and/or download mostly paid for, as well as forums and chat rooms.
  2. 2 The provider reserves the right content from forums. Remove chat rooms and clips without prior notification or consent of the user. Users who do not adhere to public forums and chat rules will be blocked by the provider.

§ 3 Conclusion and beginning

  1. 1 The contract between the provider and the user on the use of the database is concluded with the application by the user. The provider grants full access only after receipt of payment.
  2. 2 For the purpose of age verification, the provider is entitled in cases of possible abuse, to check the identity of the user on the basis for official documents. Therefore, the user must ensure the provider, upon request, copies of official documents - in particular the identity card - to convey.
  3. 3 In general, the membership must not be shared with other persons or transferred to third parties. The passing of access to third parties is strictly prohibited!
  4. 4 The user is responsible for the deployment and configuration of computers and communication technology equipment, software or plugins are required to obtain access to relevant online quote or use the contents of the respective service.

§ 4 Payment

  1. 1 The payment of the fee is to be paid in advance.
  2. 2 By registering and specifying the appropriate bank account or credit card data, the user provides the seller a debit authorization for direct debit or credit card. Applications in advance shall be paid to the supplier directly by the user.
  3. 3 The financial transactions can be carried out by third parties. All prices are in EUR. Your bank account or credit card will be charged immediately after purchase. All orders are processed immediately. All inquiries will be answered within two business days.
  4. 4 For access via a payment method, which are settled through a telephone connection, the tariffs are valid.
  5. 5 In case of justifiable doubts as to the accounting, the user has to sit in front of a chargeback with the support. If a complaint is justified the provider has the option of granting a referral back after a safety period of at least six weeks. Otherwise, the user is required even with legitimate complaints to pay the increased operating expenses and the return booking fees. In the event of unauthorized chargebacks by the user is obliged addition to the reimbursement of unjustified back amount to compensate for the increased operating expenses as well as possible charges of banks and credit card companies. This amounted to EUR 8.50 per direct debit and credit card € 50 for each chargeback case. Further claims shall remain unaffected.
  6. 6 The purchase of coins entitle the User to consume clips, livechat, textchats and telephonecalls. The Validity of coins is limited up to 3 months after buying.

§ 5 Obligations of the user

  1. 1 The user is responsible for the content of its application, the upload its clips and the information he provides about himself, alone responsible. The provider does not store this information for themselves, but for the user.
  2. 2 The user guarantees that the data given the truth and describe him personally. The user agrees that concerning the provider in justified individual cases requires proof the accuracy of any information contained in advertisements or in forums and chat rooms and will comply with this request. The user guarantees that he holds all copyrights to the clips posted by him and all the people shown are agree to the publication.
  3. 3 The user agrees to the seller of any kind of damages that may be asserted by way of written claims or lawsuits, indemnify may arise from its application or participation, provided such damages or not by intent or negligence by the provider, his legal representatives agents. In particular the user, the provider from all liability and against all liabilities, expenses and claims arising from damages due to slander, libel, violation of privacy rights, especially when using photographs, infringement of intellectual property or other rights committed, indemnify. The user agrees that his personal data will be passed on to any claimant, if it can remain under a civil or criminal legal claim by Swiss media or an employee of the provider.
  4. 4 With the publication of content on the pages of Evergreen promotions, the user agrees of the promotional use of parts of the content by Evergreen Promotions and their distribution partners.

§ 6 Special Notes for Business Users

  1. 1 Even within the portal, shipping is prohibited from advertising messages, unless there is a statutory exemptions. Promotional messages may be sent to private individuals only previously known agreement. Failure to comply with this provision, the seller may terminate the contract without notice.

§ 7 Term and Termination

  1. 1 The license agreement is for the purchase of coins until their consumption about.
  2. 2 The contract can be terminated each with a period of two weeks to the end of the agreed term. The termination of the user must be made in writing, for example, by registered letter, fax or email to the seller. The refund of coins is not possible.

§ 8 Final Provisions

  1. 1 The provider collects, processes and uses the specified by the user personal data, inventory data, usage data and billing data in accordance with the applicable ata protection regulations only insofar as necessary to reason, the design and the modification of the usage contract and for the settlement of the use of the offers of the provider is required.
  2. 2 A transfer of data to third parties only with the consent of the user. As far as part of the user consent is granted, it is revocable with effect for the future. The user agrees that the provider collects personal data, information and texts of the forums and chats for the investigation of possible unlawful use and processes to safeguard overriding interest in disclosing the abuse and for legal purposes and uses, and to law enforcement authorities as well as their rights injured third parties provided when actual evidence of an unlawful use of the offers made​ ​. See § 5 para. 3.

§ 9 Final Provisions

  1. 1 The offers and content from the provider are copyrighted or otherwise legally. It is only permitted to download such content for personal use or print. A further use of action (especially copying, distribution or publication) is strictly prohibited.
  2. 2 Should a provision be listed here or become invalid or should a loophole to be included, this shall not affect the validity of the remaining provisions. The provider and the user, instead of the invalid provision or omission agree to the economic purpose of the invalid provision agreement.
  3. 3 Switzerland agreed - as a fulfillment for all contractual services owed from both sides - as far as legally permissible. For disputes arising out of or in connection with the use of the service - to the extent permitted by law London agreed jurisdiction.