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1.1 The following general terms and conditions form part of any contract between (hereafter referred to as: FETISCHBLICK) and the customer.
1.2 FETISCHBLICK provides its services exclusively on the basis of these general terms and conditions.
2.1 FETISCHBLICK runs an online pay service and provides the customer videos, movable gifs, photos and other materials with erotic content for exclusively private purposes, as well as other services related to erotic subjects. After registering and making the required payment, the customer may receive the services offered online by FETISCHBLICK for the agreed contract duration.
2.2 Before using FETISCHBLICK's online services, registration (see § 4) is required.
3.1 The following is FETISCHBLICK's privacy statement.
3.2 The customer sends personal data to FETISCHBLICK when completing and submitting an electronic form to register for and order FETISCHBLICK services.
3.4 To fulfil this contract, the customer's personally-identifiable information will be disclosed to FETISCHBLICK's payment service provider. The payment service provider is also required to use the customer's personally-identifiable data exclusively in accordance with the provisions of applicable data protection legislation.
3.5 Data will be transmitted using secure socket layer (SSL) encryption technology.
3.6 The customer is entitled to demand at any time that their data be amended, blocked or deleted by sending an email to email@example.com, unless such changes would hinder the performance of this contract.
3.8 Once the contract has been completely fulfilled, including the full payment of all fees as agreed, the customer's data will be deleted to the extent there is no legal obligation to retain the same, with the exception of any such data for which consent was given to be otherwise used. This data will no longer be available for further use.
3.9 If the customer wishes further information on the storage of their personal data or its deletion, blocking or modification, they may contact support at the email listed under (6) above.
4.1 Before using FETISCHBLICK's online services, registration is required. Registration for FETISCHBLICK's online services shall be payable in accordance with the price list in force at the time the contract is made. Registration creates a license agreement between the parties. FETISCHBLICK will confirm receipt of the request for a license agreement by sending an email to the address provided during registration. This confirmation message will give the customer an access password. When the online account is activated, this also includes acceptance of the customer's request for a license agreement.
4.2 Only natural persons who are of full age and have legal capacity in accordance with the regulations of their country of residence may register and enter into contracts with FETISCHBLICK. By subscribing to the FETISCHBLICK service, the customer expressly warrants that they are of full age and legal capacity in accordance with the regulations of their country of residence.
4.3 FETISCHBLICK reserves the right to reject any registration requests at its discretion and without providing reasons for its decision.
4.4 To register, the customer fills out the electronic registration form on the FETISCHBLICK online service and sends it on prescribed electronic path to FETISCHBLICK. The data required for registration must be provided completely and truthfully.
4.5 Upon registration, the customer will choose a personal username. The access password will be created by FETISCHBLICK. The username must not violate the rights of any third party or any other naming rights or trademarks, other applicable laws or good morals. The customer is obliged to keep the password secret and not to disclose it to third parties.
5.1 The customer shall immediately inform FETISCHBLICK any time that their password becomes known to third parties and/or in case of any unauthorised use of their online account.
5.2 The customer is prohibited whilst using the FETISCHBLICK service from infringing the rights of third parties, stalking or harassing third parties, or otherwise violating the law or common decency. In particular, the customer will refrain from:
5.3 After permanently blocking or deleting a customer account or after the extraordinary termination of the license agreement, FETISCHBLICK reserves the right to ban that customer from registering for the service in the future.
5.4 FETISCHBLICK asserts its right to control the use of its online service and expressly reserves the right to block customer accounts without notice if the customer is in breach of any of the obligation set forth in 5.2 above or any otherwise applicable laws.
6.1 Payment for the use of the FETISCHBLICK online service for the contract duration selected by the customer shall be due immediately once the contract is established. As payment options, the customer may choose from credit card payment, EC direct debit or payment via the SOFORT payment service (https://www.sofort.com/ger-DE/). Only after receipt of the payment, will the paid FETISCHBLICK online service be available to the customer.
6.2 All prices are retail prices including VAT.
6.3 If the customer is in default of payment, they shall pay FETISCHBLICK interest at the rate of 5 percentage points above the base rate.
6.4 Section 6.3 notwithstanding, FETISCHBLICK reserves the right to seek further damages for default and breach of contract.
6.5 The customer is only entitled to offset claims if the counterclaims are undisputed or have been court-ordered.
7.1 The license agreement between the customer and FETISCHBLICK for the use of the online service will be agreed for one, three, six months or one year, depending on the option selected by the customer. The contract is automatically renewed for another period of the same duration if one party fails to provide one month's written notice before the end of the month in which the current contract period is scheduled to expire. This applies to contracts having durations of three or six months or one year. For contract periods of one month, the contract will be extended by an additional month unless the customer terminates the agreement in writing two weeks before the end of the month. The foregoing notwithstanding, the customer also has the right to extend the contract for a longer period than that chosen when the contract was made by sending notice by post or email to the following address. To extend or terminate the contract, notice must be sent to:
FETISCHBLICK, owner of the WebseiteCREATIVMEDIA Service Corporation108 West 13th StreetWilmington, Delaware19801, USApayment provider, not running the websiteiconcept Media GmbHOberdorfstrasse 138808 Pfäffikon (SZ)Switzerland
By email: firstname.lastname@example.org
To ensure that the notice is properly assigned to the customer's account, the following two pieces of data are required:
7.2 The right of the parties to terminate the user contract for cause shall remain unaffected by this provision. Cause for extraordinary termination exists in particular if the customer violates one of the obligations set forth in § 5 and § 11.2. In the event of a violation of any of the obligations set forth in § 5, extraordinary termination without notice shall normally follow when the customer has failed to remedy the breach of duty within a reasonable timeframe as stated in the warning notice or if they commit the same or similar breach again. In the event of a particularly serious breach of one of the obligations set forth in § 5.2 or any breach of the obligations set forth in § 11.2, no warning before extraordinary termination without notice is necessary.
8.2 FETISCHBLICK reserves the right to change or expand its online service to the extent allowed and/or required by technical developments. FETISCHBLICK agrees to make such changes only if they are reasonably acceptable to the customer and are in the interest of its customers.
8.3 With regard to the capacity limits, security and integrity of the servers or the implementation of technical measures, FETISCHBLICK reserves the right to limit its services temporarily. FETISCHBLICK agrees to limit services only to the extent reasonably acceptable to its customers and taking into account their interests.
8.4 If a system failure occurs that is not caused by the intentional or grossly negligent conduct of FETISCHBLICK, its employees or agents, customers are not entitled to extraordinary termination or compensation for damages.
8.5 Any foreseeable and necessary disruptions to service for preventive maintenance or technical changes will be announced to customers within a reasonable time beforehand.
9.1 With the exception of injury to life, body and health and the violation of essential contractual obligations (providing the online service), FETISCHBLICK assumes liability only for those damages caused by its wilful misconduct or gross negligence. This also applies to consequential damages.
9.2 Any liability for damages other than the loss of life, limb or health or that caused by the intentional or grossly negligent acts of FETISCHBLICK is limited to those damages that would be typically foreseeable at the time the agreement is made and is also limited to such average amounts as would be typical for contracts of this sort. This also applies to consequential damages.
9.3 The limitation of liability set forth in paragraphs 9.1 and 9.2 shall apply mutatis mutandis to the employees and agents of FETISCHBLICK.
9.4 Customer data stored by FETISCHBLICK are external data as defined by applicable telemedia law (in Germany, the German Telemedia Act); the liability privilege applies for this content and FETISCHBLICK accepts no liability for such content.
10.1 In its relationship with the customer, FETISCHBLICK is the sole legal owner or beneficial owner of the publication, reproduction, distribution, handling and all other copyright rights and the right of virtual transmission or reproduction of the FETISCHBLICK online service as well as the individual content or services contained therein. The use of the FETISCHBLICK online service and the content contained therein, namely the erotic films, moving gifs, photos and other materials as well as trademarks, commercial names and other marks of FETISCHBLICK is solely for the purposes specified herein.
10.2 The erotic films or moving gifs provided as part of the FETISCHBLICK online service may only be used in time, space or in the manner prescribed on the FETISCHBLICK online service, namely streaming within the FETISCHBLICK online service. The erotic film work or moving images provided as part of the FETISCHBLICK online service may not be reproduced , distributed, made publicly accessible, modified, processed or otherwise used beyond the FETISCHBLICK streaming service.
11.1 FETISCHBLICK is entitled to engage third party service providers and agents to provide its online service in whole or in part or to transfer its business operations in whole or in part to third parties, provided that this will not create disadvantages for the customer.
11.2 Any changes or additions to these terms and conditions must be in writing. This also applies to the waiver of this requirement.
11.3 The law of the Federal Republic of Germany applies, with the exclusion of the UN Sales Convention. Mandatory provisions of the country in which the customer has their habitual residence, remain unaffected.
11.4 The contract language is German.
11.5 If the customer is a merchant, a legal entity under public law or a special fund organised under public law, or has no general jurisdiction in Germany or moves such domicile abroad after the contract is signed or the domicile is unknown at the time action is taken, the jurisdiction is and the place of performance shall be the headquarters of FETISCHBLICK.
General Terms and Conditions / Last updated: 24.04.2017