GENERAL TERMS AND CONDITIONS OF VISIT-X B.V. FOR USERS
This website is provided by VISIT-X B.V., Krijn Taconiskade 424, NL-1087 HW Amsterdam (hereinafter: "VISIT-X").
The services of VISIT-X are intended to bring visitors to the website (hereinafter referred to as "users" or "you") and providers of content and services (hereinafter referred to as "providers") into contact with each other and to offer various means – in some cases subject to payment – of exchange. The exchange of erotic content will also be tolerated.
VISIT-X may at any time involve subcontractors or other third parties for services in connection with the operation of the Service.
Separate terms and conditions apply to providers.
VISIT-X enables providers to market their content and services. For this purpose VISIT-X operates a directory service under the domain visit-x.net (and others) in which providers can provide their content.
Furthermore VISIT-X provides the providers with a system (hereinafter referred to as "VXPages"), which enables providers to create their own internet presence ("VXPage"), to present themselves and to get in contact with users.
The provider is responsible for his own content in the directory and on his own VXPage.
The contents and services offered consist mainly of paid video chats, the sale of recorded videos and images and the exchange of personal messages, including virtual gifts.
VISIT-X also offers its own content and services on its websites.
1) The services of VISIT-X are exclusively addressed to persons who have reached the age of eighteen and who are considered to be of legal age in the country in which they are resident. Minors are excluded from using the service.
2) To use some of the Service, registration shall be required for the purpose of identifying the User as well as subsequently performing the contractual relationship. For this purpose, the User shall choose a user name as well as a password (hereinafter: “Access Data”). Registration of the User shall be free of charge.
3) When registering as well as when making any other use of the Service, the User shall make truthful statements on his/her personal details. Changes in data shall be notified to VISIT-X in text form (e.g. e-mail) without undue delay or – after notification by phone – confirmed in text form in each case without undue delay.
4) The User shall protect the Access Data from access by third parties, in particular minors. The User shall bear the full responsibility for any use of the services arranged via the Service made with his/her Access Data. The User shall notify VISIT-X of, or – after notification by phone – confirm in text form to VISIT-X, the loss of the Access Data or of unauthorised access to the Access Data by third parties in text form (e.g. by e-mail) without undue delay.
5) VISIT-X shall be entitled at any time to block an access of the User to the Service without being required to state any grounds for such measure. This shall apply in particular if
the User is suspected of having provided false details upon registration,
the User has breached these General Terms and Conditions,
a criminal offense is suspected, or
the User has failed to perform his/her payment obligations.
6) The user can also use his access data for other services of VISIT-X which require a registration.
1) The service of the provider is not a service of VISIT-X towards the user. Furthermore VISIT-X does not adopt the contents of the provider as its own. As far as the user makes use of the service of the provider, the contract is concluded exclusively and directly between the user and the provider. VISIT-X supports the provider in the handling of the existing contractual relationships between the user and the provider.
2) Excluded from this is the sale of recorded videos and pictures, virtual gifts and other electronic services. In these cases VISIT-X acts as an intermediary at the time of purchase and provides the service itself to the user.
3) VISIT-X provides the service through which provider and user can get in touch and exchange information. The contact mediation with the help of the service is free of charge for the user.
4) In addition, VISIT-X offers users its own content, such as videos and images, for download via the service. Furthermore, VISIT-X enables the user to book a VIP package with costs. Its current service package is displayed on the website during the booking process.
5) The due date of the fees for the VIP Package depends on the day of the conclusion of the VIP Package. The fees for the acquisition of content are due upon performance of the service.
1) VISIT-X grants the User the possibility of acquiring a virtual client card (VISIT-X Client Card). The VISIT-X Client Card shall be deposited in the user section protected by the User’s Access Data.
2) After first being loaded by the User, the VISIT-X Client Card may be used by the User to pay the contracts entered into by means of the Service with the Providers authorised thereunder for the services offering authorised thereunder in the amount of account balance acquired through loading. In this connection, payment shall be made to campoint AG, Dr.-Hermann-Neubauer-Ring 32, DE-63500 Seligenstadt (hereinafter: “campoint”) since the Providers assigned all their receivables under the contracts with the User in advance to campoint. In addition, the VISIT-X Client Card may be used by the User to pay receivables of VISIT-X itself under contracts for the purchase of content in accordance with clause 3.3. The VISIT-X Client Card may not be used to make payments for other services of third parties.
3) The VISIT-X Client Card may be loaded by the User using the payment methods made available by VISIT-X in each case on the website up to an amount capped at 150.00 € in each case. Under the user section, the User can view his/her current balance. Without prejudice to clause 4.6, repayment of the balance is excluded.
4) At the time of payment, any credit acquired through a date older recharge shall be debited with priority over any credit acquired through a date younger recharge.
5) The balance on the VISIT-X Client Card may be drawn on for a period of three years as of the end of the year in which the User acquired the balance by loading his/her VISIT-X Client Card. The balance shall be forfeited once this time limit has expired.
6) In the event of the User’s access being blocked by VISIT-X in accordance with clause 2.5, VISIT-X, at User’s request in text form (e.g. e-mail), shall pay out to the User any balance remaining on the VISIT X Client Card, after presentation of ID, cashlessly into an account of the User kept with a credit institution in the SEPA area provided that no legal grounds against such payment exist. The User shall furnish VISIT-X with a right of pledge in the payment claims accruing to the User under this section. The pledge shall be furnished as security for all existing and future claims, including contingent claims, to which VISIT-X has against the User under this Agreement. VISIT-X accepts the furnishing of the pledge.
1) In addition to the customer card, VISIT-X also offers the purchase of vouchers. Vouchers are valid for video chat minutes, video purchases, personal messages, etc. either for only one or a group of providers.
2) If a user has several different applicable value vouchers, specific value vouchers (only valid for one provider or one type of service) will be debited first, and older ones before younger ones.
3) Unless otherwise indicated, vouchers can be redeemed within a maximum of three years.
4) The user can view his available vouchers in the user area. Payment is excluded subject to section 4.6.
1) It is in the dutiful discretion of VISIT-X which payment methods are offered to the user. Payments are usually made to campoint as the payment processor.
2) In the case of a payment by means of the SEPA basic direct debit procedure, the user shall receive advance information on the direct debit at the latest one day before the due date.
3) Depending on the payment method, VISIT-X can postpone the credit note for the value of the payment until the actual account receipt.
4) Both the user and VISIT-X have the possibility to set individual limits (e.g. maximum amount in Euro per month) for recharges via VISIT-X services. VISIT-X draws the user's attention to the fact that regardless of the usage limits agreed between the user and VISIT-X, other payment service providers involved (e.g. the user's card-issuing bank) may also provide for individual maximum amount limits for the use of a means of payment.
1) VISIT-X offers the Users a VIP package subject to fees. VISIT-X reserves the right periodically to adjust the services and prices relating to the VIP package. In each case, current prices are displayed on the website.
2) The User as well as VISIT-X may terminate the VIP Package, without any grounds for termination being stated, at any time up to one week prior to the due date for the next contribution. Termination must be given in text form. The right to give notice of extraordinary termination for good cause shall not be affected thereby. Termination of the VIP Package moreover shall not affect the User’s access to the Service as such.
1) On VXPages special value vouchers are offered ("Credits"). These apply exclusively to the services offered by the provider on the website on which these credits were purchased. In order to use the chargeable services, the user is debited either a pre-determined credit amount or a credit amount per minute or part thereof. In the latter case, the amount of credits used is determined by the actual period of use.
2) The user can be offered subscriptions with different terms and different services. The service description as well as the current prices of the respective subscription can be viewed on the respective VXPage and will be displayed to the user during the ordering process before conclusion of the contract. VISITX reserves the right to change the service descriptions. The subscriptions are only valid on the platform on which they were concluded.
3) Subscriptions are concluded for an indefinite period and can be terminated at any time, at the latest one day before the end of the current billing period, and without giving reasons. The User may terminate the contract on the Platform independently or in text form (e.g. e-mail). If a cancellation is not made, the respective subscription is automatically extended by a further billing period.
VISIT-X and providers can offer services to the user via Messenger. Therefore it is necessary to create the phone number displayed on the platform as a contact and to send a message with the content "START" to this number via the Messenger app. These services can be terminated at any time without giving reasons by sending the message "STOP" to the corresponding phone number.
1) Lawful conduct
The User has an obligation to conduct himself/herself in a lawful manner.
Particularly in connection with the use of the Service, the User shall not
store any content, post any content to the Internet, offer or procure access to any content or promote any content that is in violation of provisions of criminal, narcotics, drugs or weapons legislation;
post to the Internet, offer or procure access to any images, video or live sequences which show either minors or animals and/or objects which are generally associated with minors or animals, or which are otherwise in violation of the provisions on protection of youth and of animal welfare.
2) Use of personal data
Each User shall make responsible use of all personal information that he/she receives in connection with the user of the Service.
The User is prohibited from exchanging personal data with the Provider to use or disclose the same for making contact with the Providers by other means.
3) Prohibition on advertising
The User shall refrain from undertaking any advertising measures in connection with the Service. The User shall notably be prohibited from soliciting Providers or other Users for his/her own offerings or offerings of third parties. Solicitation of Users shall be deemed to be any conduct by which Users are made aware of services of Providers or third parties which are not offered via the Service. In this regard it does not matter whether such conduct constitutes attempted or successful solicitation.
4) User’s liability, access blockage
In the event contravention of duties of conduct of this clause 10, VISIT-X may block access of the User immediately pursuant to clause 2.5(b). VISIT-X explicitly points out to the User that in the event of violations of the foregoing obligations which are attributable to the User, damage and cease-and-desist claims may be asserted by VISIT-X.
5) Reservation of review
VISIT-X reserves the right to use suitable means to monitor compliance with the above obligations giving due regard to the applicable provisions of data protection law.
11.1 The operator is liable for compensation claims of the user arising from injury to life, body, health and under the Product Liability Act, which are based on an intentional or grossly negligent breach of essential contractual obligations of the operator, in accordance with the statutory provisions.
In the case of slight negligence, the Operator shall only be liable in the event of a breach of an obligation the fulfilment of which is essential for the proper execution of the offer of the platforms and on the observance of which the User may regularly rely. Otherwise, liability for damages of any kind, regardless of the basis of claim, including liability for culpa in contrahendo, is excluded. If the operator is liable for slight negligence, the liability is limited to the damage which typically had to be expected according to the circumstances known at the time of conclusion of the contract.
In all other respects, liability, for whatever legal reason, is excluded both vis-à-vis the Operator and its employees and vis-à-vis legal representatives, vicarious agents or agents.
11.2 Subject to clause 11.1, the operator is not liable for data loss and data changes, transmission errors, representation errors, data delays, actions of other users contrary to contract or for circumstances that fall within the sphere of responsibility of third parties or were caused by force majeure. Furthermore, the operator is not liable for the limitation initiated by the user within the meaning of section 6.4. Use of the platforms requires that the user has a terminal that meets the technical requirements of the desired services. The Operator assumes no liability or warranty for the functional capability and compatibility of the User's terminal devices and systems. Therefore, the Operator does not assume any liability for the accessibility, graphic, content or technical design and functionality of the platforms. The operator is also not liable for delays and interruptions of the services, as well as impairments, restrictions or performance obstacles, which are based on circumstances outside his area of responsibility. The operator assumes no guarantee for uninterrupted availability and the establishment of connections at any time and the constant maintenance of a certain data throughput or data execution via a certain network.
11.3 The limitations of liability in this clause 11 do not apply insofar as the Operator is compulsorily liable by law.
When processing personal data of the User, VISIT-X undertakes to comply with the applicable data protection provisions.
VISIT-X may amend these General Terms and Conditions at any time. VISIT-X shall notify the User of the amended General Terms and Conditions after the User’s login on the website. The amendments shall take effect unless an objection in text form reaches VISIT-X no later than four weeks from User’s receipt of the notification. Upon notification of the amendments, VISIT-X shall inform the User separately of the consequences of failure to object.
You are entitled to revoke the contract on the purchase of the VIP package, the loading of the VISIT-X Client Card and/or on the purchase of content pursuant to clause 3.3 within fourteen days without stating any grounds. The revocation period is fourteen days from the date when the contract is entered into.
To exercise your right of revocation, you must inform us VISIT-X B.V., Krijn Taconiskade 424, NL-1087 HW Amsterdam, E-Mail: firstname.lastname@example.org, Phone: 00 800 300 000 77) by means of a clear notice (e.g. letter sent by post, fax or e-mail) about your decision to revoke such contract. For this purpose you may use the attached sample revocation form, which however is not required. (link to sample revocation form)
To observe the revocation period, it is sufficient for you to send the notice on the exercise of the revocation right before expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we are required to refund you all payments we have received from you, including the delivery costs (with the exception of any additional costs arising from your choice of a type of delivery other than the favourable standard delivery option offered by us), without undue delay and no later than within fourteen days from the date when the notice on your revocation of this Agreement has reached us. For such refund, we shall use the same means of payment used by you in the original transaction, unless expressly agreed otherwise with you; under no circumstances shall we charge you any fees for such refund.
If you have requested that a service should commence during the revocation period, you shall pay us a reasonable amount equal to the proportion of the services already provided up to the time when you inform us of the exercise of the revocation right in respect of this Agreement as compared with the total scope of the services contemplated under the Agreement.
End of instruction on right of revocation
1) For out-of-court settlement of disputes, consumers have the option of online settlement of disputes by the European Commission (hereinafter referred to as "OS") via the OS platform for online purchase and service contracts. This can be accessed via the following link:http://ec.europa.eu/consumers/odr/.
2) VISIT-X is not prepared and not obliged to participate in a dispute settlement procedure in front of a Dispute Resolution Board.
1) By clicking on the service offered by the Provider, the User accepts the Provider’s General Terms and Conditions of Use below (Contractual Conclusion). Contractual Conclusion shall take place directly between the User and the Provider. VISIT X shall act exclusively as the broker and messenger.
2) The offering by the Provider via the Service is not a legally binding offer. The Provider shall be free to choose his/her contractual partners as well as to choose and define the contents of his/her services.