General Terms and Conditions (T&Cs)
Head Start Apps UG (limited liability) hereinafter called operator, defines the usage and content of ** (hereinafter called website) with these terms and conditions.
1. Operator’s services
The operator publisher and content provider for his own internet services. In regard of other services, the operator offers ist customers the possibility to make demands on different provided services. The operator is justified to adjust pricing, type, scope and standard conditions at any time and to deny access to services facing delay of payment, suspicion of abuse and other causes.
2. Conclusion of contract
The contract between customer and operator comes into effect without particular form through customer demand, or can be regulated with an order form in written form. Pricing, provided service and scope are regulated within these terms and conditions, price lists or order order forms.
For publishing in the online eroticism catalogues of the operator and his sales agents, prices apply based on their order forms. Prices for any provided services by the operator are named in the advertisements. Any published prices are all published excluding German VAT.
4. Conditions of payment
The customer obliges to transfer the payment of any amount owed and submitted in written form prior to the service provided.
The operator may abandon single or any services and to cancel existing customer contracts if there is any serious concern. This is especially valid for high fees due and the assumption, that the customer might not be able or willing to pay. The operator and his contractors or agents may deny access to or services instead of contract cancellation. If a customer subscription might be cancelled due to abuse, the cusomter does not have any claim of compensation.
5. Content usage
The customer may only use the provided website space, live services, applications and / or contents and services provided by the operator only for own usage. Any transmission to third party users, for or without remuneration is forbidden.
6. Intangible property rights / copyright / data protection
The above in the link mentioned or other brand labels managed websites, images, graphs, illustrations, photos comics, contents, texts, trailers, teasers, videoclips or other video material of the operators are worldwide, timely and factually protected. All rights reserved. All applicable intangible property rights are irrevocably object to the operator or licensor giving the operator rights to use them. For any licensor property rights violation of customers of the operator, the customer is fully liable. Permitted in sense of this terms and conditions is the download, storage and playback of this content for personal usage. Any other usage, especially in terms of a transfer to third-parties as well as commercial usage of content provided is prohibited. Any violation of the afore mentioned conditions enables the operator and his contractual partners and/or agents to exceptional contract cancellation with customers. Indemnity claims reserved.
Any further usage of copyright protected material needs a permission in written form, issued by the operator. This is especially applicable for:
- Copying of content on external data storage
- Creation of systematic libraries
7. Liability and defects liability
The operator and his contractual partners and / or agents are obliged to fulfill any contractually agreed benefits. The defects liability is limited by the following conditions.
In terms of any usage rights and conditions provided, the customer ensures to meet any contractually agreed license conditions and terms and conditions. Neither the operator nor partners take any liability for any statements or details published in advertisement banners or insertions. Advertisers are free, politically mature persons and did not agree on any obligations. Neither the operator nor his partners take any liability for successful personal contact. The operator contracts out of any liability of legally acceptable situation with exception of grossly negligent action and liability and defects liability linked to content usage through customers. This is especially applicable for the validity of banners (text and image) published by advertisers, independent if these are private persons, corporations or others publishing in magazines, brochures, flyers, texts, internet and other media of the operator.
- All third party information accessible via links
- Third party information
- Damage, caused to customer by software of the operators or licensers
- Customer anonymity
Whoever publishes or answers on advertisements on websites, in magazines of the operator and / or his agents is obliged to consider and follow the following conditions:
It is strictly prohibited to publish any photos, images, illustrations, stretches, comics, animations, trailers, videos, videoclips, teasers, texts, advertisements, posters, banners, links, SMS-messages, MMS-Messages, Emails, attachments and displays linked to or showing sexual activity with children or animals, excrements, or violence. Due to the restrictions of the data privacy act (DSG), the operator is not allowed to take any responsibility for customers publishing prohibited content in operator’s media. If the operator notices any publishing of illegal information by customers, the operator is entitled to exclude the customer from any further services provided without notification. If the operator notices that customers publish or offer any illegal contentment, the operator is entitled to report the offense to legal authorities and exclude the customers from any further business activities. This is also valid if customers offend against any effective age of consent regulations.
In case of violation, the offending party covers all legal and financial consequences without any consequence for other customers. The offending customer covers all penalties, fees, outstanding debits and process costs etc.
- Datenschutzgesetz (DSG)
- Fernmeldegesetz (FMG)
- Vertragsrecht (ABGB)
- Strafgesetzbuch (StGB)
8. Data protection
The operator considers and implements all technically necessary and reasonable measures to ensure a protection of all saved data by the operator. If any third party accesses saved data of the operator or contractors illegally, the operator and contractors are excluded from any liability. This is also valid in its sense for the legal relation between the operator and its contractors.
8.1. Data storage and usage
For customer registration, customer data will be saved for account creation and operation. Furthermore, customer data may be saved while using the services provided by the operator and third party providers.
8.2. Data transfer to third parties
The operator uses customer data for the fulfillment of existing contracts and legal requirements for services provided, customer relations and submission of offers. The customer agrees to saving and usage of personal data to full extent. Nevertheless, the customer may decline the usage or transfer of his data for marketing purposes at any time. The respective notice needs to be handed in to the operator with customer ID and in written form as certified letter. The operator is entitled to transfer customer data to third parties in Germany or other countries, if these third parties are contractors of the operator. Customer data storage, usage and transfer in other countries than Germany may be subject to other legal conditions than German law. The operator may transfer customer data to legal authorities, corporations or other agencies for debt collection purposes.
8.3. Telephone and Internet abuse
The customer is obliged to comply to the current version of terms and conditions and legal requirements while making any demands to services provided by the operator or contractors. The services provided must not be used to any planning or realization of criminal actions. Any secondary purchase is prohibited. The customer declares itself agreed with the recording of telephone calls or SMS logs for verification and training purposes. Selling of this data is prohibited. Such recordings may only be used for customer complains or legal action. The transfer of such data to other third parties is not permitted.
9. Clearing prohibition
The customer is not allowed to clear any indemnity claims for payable invoices with operators or contractors.
After the expiration of the payment period, the operator is allowed to charge 5% interest rate per year on the demanded amount without any further reminder. Without any customer decline, any invoice is considered accepted within 10 days after shipment. By any delay of payments by customers, the operator is entitled to decline any services or cancel or the contract without notice.
11. Service cancellation
The operator and his agents provide all services with all accuracy, reliability and availability necessary. If not agreed otherwise, any other defects liability is excluded, if permitted by German law. The operator and his agents do not take any defetcs liability for permanent availability of services, including server availability, data availability and continuous website availability. In case of vis major including measures by legal authorities, war, strike, blackout (of vehicles or energy), terror acts, civil war, armed conflicts, natural catastrophes, lock-out, attacks on technical infrastructure, blackout or outage of third parties and hard- or software the operator is and his agents are not able to provide any services the liability to provide the services are subject to the operator. In case of vis major compensation for customers by the operator is excluded. All mentioned before is also valid for the legal relations between operator and his agents.
12. Customer service
The operator offers a customer service based on the contact data above.
13. T&C changes
The operator reserves the right to change the terms and conditions at any time and to adapt them to current services provided. Changes will be announced to customers in appropriate form.
14. Court of jurisdiction and law applicable
Any legal disputes, which arise from legal relation, are subject to the court of justice of the registered office of the operator, except for differing courts of justice for the German federal law. On any legal relation applies the German law exclusively, excluding any international civil laws or intergovernmental contracts or agreements.