Table of Contents
1. Provider Services
The provider provides the Finesse-escort.de portal on the Internet. Here advertisers can, among other things, create their own profiles, provide content, take note of sedcards or third-party content and other information and advertising. The provider enables, among other things, the retrieval of the created content and the use of other services.
The use of the Finesse-escort.de portal is free for visitors to the website. Simply visiting the provider’s website does not incur any costs. Some functions on the provider’s website are chargeable. Paid offers can only be used by advertisers and only after completing a paid booking. Paid options are clearly marked as such and can only be commissioned by the advertiser himself. The current prices for paid advertising can be viewed on the “Advertising” page of the provider visitor and advertiser.
The provider’s offer is aimed exclusively at persons of legal age, legal entities and partnerships and is limited to one advertisement. Minors are not allowed to advertise on the provider’s website.
In principle, the provider does not undertake any verification of the content made available by the advertisers on the portal and therefore cannot guarantee its correctness, appropriateness and quality. Advertisers have the opportunity to become a “verified advertiser” on Finesse-escort.de or to have an “authenticity check” carried out. To do this, advertisers must prove their identity in a suitable form, for example by presenting an identity card or another suitable method.
The provider reserves the right to refuse the publication of content at its own discretion, to correct or delete content that has already been published and/or to block the advertiser’s advertising temporarily or permanently. This is particularly relevant if the provider becomes aware of a violation of these terms and conditions, copyright, youth protection regulations or other legal provisions by the advertiser or if there are other important reasons. A correction or deletion of content or a blocking of an advertiser’s advertising by the provider does not affect an existing payment obligation of the advertiser. Advertisements are automatically deleted after 12 months.
Advertisers are not entitled to use the provider’s services and/or to publish content on the provider’s portal. In the event of violations of these GTC, the provider’s portal game rules, legal provisions or other important reasons, such as harassment of others, the provider can impose a virtual house ban on advertisers, i.e. exclude them from future use of its services. The virtual house ban also does not affect an existing payment obligation with regard to paid services that have already been used. The assessment of a situation that leads to a change, rejection, deletion, suspension or the issuance of a virtual ban is the responsibility of the provider.
The services, functions and content of the platform can be changed, expanded or restricted at any time at the sole discretion of the provider.
Insofar as these services, functions and content are assigned to a paid service, the provider will ensure that the functions to be changed are properly balanced.
The communication between visitors and advertisers does not take place via the provider’s website and therefore of course without inspection on the part of the provider himself. Insofar as there is a legal, judicial or official obligation on the part of the provider, the provider can carry out corresponding research and pass on corresponding evidence to the authorities.
2. Conclusion of contract
An advertisement requires a billing address, a valid and permanent e-mail address and, if applicable, a valid mobile phone number for the advertiser. Advertisers will receive an email after they have been commissioned, announcing that their data has been received and, after successful verification, confirming the conclusion of the contract. By advertising as an advertiser or creating a sedcard, the advertiser requests the conclusion of a contract of use, but there is no entitlement to the conclusion of a contract. The text of the contract is not saved by the provider. Currently, a contract can only be concluded in German.
3. Right of withdrawal for consumers
Only consumers are entitled to the statutory right of withdrawal for online orders. Our advertising offer is aimed exclusively at self-employed entrepreneurs, legal entities and partnerships. This means that the right of withdrawal no longer applies.
4. User Obligations
Advertisers undertake to provide only truthful, complete and up-to-date personal information for their sed card and to meet the minimum requirements for posting content on the provider’s website. If there are justified doubts as to the authenticity of the data, the provider can temporarily block the account and request proof of authenticity from the advertiser. If the advertiser does not comply with this request, the provider is entitled to delete the advertisement or comp card. In this case, amounts already paid by the advertiser (as part of paid advertising or when using paid functions) will not be refunded.
Advertisers are responsible for their own activities, information and content and are obliged to comply with the statutory provisions. This applies in particular to the areas of copyright, trademark protection and the protection of minors. Advertisers guarantee the provider that they have all the necessary rights with regard to the content they have placed in the provider’s database, that the use and/or exploitation of this content does not infringe any third-party rights (e.g. the right to their own image, the right to a name, third-party trademark rights). and that the content posted does not violate the provisions of these General Terms and Conditions or statutory provisions. Advertisers undertake to prove their ownership of the content at the request of the provider. Advertisers undertake to only place such content on the provider’s website or to transmit it to the provider that is not classified as “prohibited content” in Section 6 of these General Terms and Conditions.
Advertisers and visitors to the website further agree not to:
Advertisers and visitors finally undertake to indemnify the provider and/or affiliated companies against all claims made by third parties due to the violation of their rights by the advertiser’s content on Finesse-escort.de or due to other use of the provider’s services by the advertiser against the provider and/or its affiliated companies.
All employees, representatives, shareholders and vicarious agents are included in the provider and its affiliated companies. Upon first request, the advertiser assumes all costs of the necessary legal defense by the provider, including all court and attorney’s fees.
5. Grant of Rights
With the transmission or uploading of its content, the advertiser grants the provider the free, simple right of use to use, modify, publicly present and make accessible the transmitted content on or via the above-mentioned services. The right of use expires with the end of the advertiser’s advertising. The advertiser is recommended to provide the content transmitted to the provider with a lettering and/or logo / watermark. This marking serves as copy protection and makes it possible to prevent any misuse by third parties of the material presented on Finesse-escort.de.
The provider does not guarantee the correctness, completeness and usability of the information and content published on the platform and reserves the right to change or remove individual content due to legal, judicial or official obligations or good cause.
6. Prohibited Content
The advertising of unprotected sexual intercourse (without a condom) on Finesse-escort.de is prohibited. Should the provider become aware that advertisers violate this clause, the corresponding profiles will be removed from the search results by the provider as soon as they become aware of this.
Is not allowed to the users upload fake pictures. If we find such a profiles the whole account will be deleted immediately.
Finesse-escort.de is wholly committed to raising awareness on the issue of human trafficking and engages in best practices and advocacy. In the event we become aware of any incident of trafficking, we cooperate enthusiastically with law enforcement and agencies involved in combating the abuse of human rights. Finesse-escort.de has a zero tolerance policy for child pornography or minors advertising or utilizing the website.
Please report any suspected sexual exploitation of minors and/or human trafficking to the appropriate authorities.
7. Payment / Cancellation
In order to be able to process payments, paid advertising is only placed after payment in advance. This can be done by bank transfer or Paypal. When paying, the advertiser agrees to the terms and conditions. We can only issue you an invoice if you provide us with your billing data (name, address).
If a fee-based service was used that is not automatically renewed, this ends automatically without the need for termination.
Paid advertising with automatic renewal (subscription) will be extended by the selected period if they are not canceled before the automatic renewal. Termination before the end of the remaining term has no effect on the user’s payment obligation. Likewise, the purchased advertising can be used in full until the end of the agreed term, despite termination.
The databases and other technical devices provided by the provider correspond to the current state of the art. The provider endeavors to ensure the greatest possible availability of the platform. Nevertheless, problems that are beyond the Provider’s control (force majeure, fault of third parties, etc.) or maintenance work may result in temporary restrictions in the availability of the Provider’s services. The provider does not guarantee that its website can be reached or accessed at all times and is not liable for downtime due to necessary care and maintenance work. The provider also assumes no liability for the authenticity of the uploaded content.
9. Limitations of Liability
Any claims for damages against the provider are excluded, regardless of the legal reason, unless the provider, his legal representatives or vicarious agents can be accused of intent or gross negligence. The provider’s liability for damage to life, limb and health as well as liability under the Product Liability Act remains unaffected. In the event of a breach of essential contractual obligations, the provider is liable for any negligence, but only up to the amount of the foreseeable damage.
The above limitations of liability also apply to companies affiliated with the provider and to personal liability of employees, representatives, shareholders and vicarious agents of the provider and/or companies affiliated with the provider.
The provider respects the rights of third parties and has a major interest in preventing infringing advertisements placed by users. If a third party is of the opinion that advertisements are infringing on their rights (e.g. the right to their own image, name rights, trademark rights) or other rights (e.g. statutory provisions on the protection of minors), the provider asks them to provide the following information:
– the naming and description of the infringing advertisement
– a reason why the advertisement infringes rights as well as corresponding evidence by documents or similar.
– Address, telephone number and e-mail address of the injured party or his authorized representative
– Signature or electronic signature of the person authorized to act on behalf of the right holder
– a declaration that the advertisement complained of infringes his rights
– an affidavit from the third party that the above information is correct
The information listed above must be sent to the provider by email to firstname.lastname@example.org. The provider will immediately follow up on all serious reports of legal violations and, if necessary, take appropriate legal action. Any misuse will be punished.
Some of the provider’s services are chargeable. The prices can be seen from the current price lists (see page advertising), which can be called up on the provider’s portal. The terms of payment are also specified in the price list.
12. Final Provisions
German law applies exclusively.
For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).
Status: August 01, 2018