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General Terms and Conditions of ScortU.com GmbH
1. General information
This agreement was written in German. If there is a conflict between a translation of this Agreement and the German version, the German version shall prevail.
The general terms and conditions written down here (hereinafter referred to as "GTC") govern the rights and obligations between the
Grafenberger Allee 277 - 287
- In the following also referred to as operator and provider -
advertisers using the services of the provider
- hereinafter referred to as Scortesses -
For reasons of better legibility, these GTC do not use male, female and various gender forms of speech at the same time. All personal designations apply equally to all genders.
2. Services of ScortU.com
It is the mission of ScortU.com GmbH to offer Scortesses an effective platform for self-marketing that meets the current needs and possibilities of the time. Dating seekers ("prospective customers") get the possibility to find the named Scortesses through the services. This means that via the services for prospective customers, the possibility is created to arrange paid meetings (hereinafter "Dates") with Scortesses. The exact services to be agreed between interested parties and Scortesses are the sole responsibility of both parties. ScortU.com GmbH does not become a party to contracts between Scortesses and interested parties, but merely enables contact via the services provided. Scortesses are given the opportunity to create a profile within the services in which information and images can be stored. Interested parties registered with ScortU.com GmbH have the opportunity to find Scortesses. The interested parties select search criteria for this. The search results are determined and displayed by means of an algorithm that can be determined by the operator. Via a chat function, interested parties can get in touch with the scorecards. Conversely, our registered prospective customers are given the opportunity via our services to address a non-binding search query with place, time and all other available search criteria to the Scortesses. Scortesses then have the opportunity to respond to the search query and contact the interested party. Also, here ScortU.com GmbH is not a contracting party of contracts between Scortesses and prospective customers, but only enables the contact via the provided services. ScortU.com GmbH does not receive any performance-related commissions for the conclusion of contracts between Scortesses and interested parties. The chats are encrypted and the operator does not have access to the communication at any time.
3. Beginning and duration of the contract, fees
Various service packages (hereinafter referred to as "packages") are offered to Scortesse via the platform for free selection. The packages differ in duration and total amount. The advertised package price must be paid in full in advance with the booking. The contract ends automatically at the end of the selected term and is not extended beyond that (therefore no more notice is necessary). If Scortesse would like to book a package again, it can do this independently via its customer menu. If the term is over, the account of the Scortesse will be deactivated and the Scortesse can no longer be found or contacted by the interested parties in this phase. The reactivation takes place at any time with the renewed reservation of a package. If the Scortesse ScortU.com does not want to use ScortU.com permanently, it can delete its account completely via the customer menu.
The minimum age of the Scortesses is 18 years. Minors are forbidden to become Scortesse and to create a user account. If the provider becomes aware, e.g. through a suspicion report, that a Scortesse is not yet of age or if he has doubts about the stated age, the provider is entitled to block the access until the clear proof of age. In addition, the provider has the right to terminate the contract concluded with the minor without notice for good cause. By accepting these GTC, Scortesse agrees to the storage of the date of birth until the deletion of the account.
4. Payment and adjustment of the remuneration
The fee is to be paid in advance, with the booking of a package (see point 3). The Scortesse has various payment options available for this purpose. The provider is entitled to increase the fee by the corresponding amount in the event of an increase in the statutory value added tax. If the statutory VAT is reduced, the fee is also reduced accordingly. The same applies in the event that in the future a state special tax or fee is levied for the services offered by ScortU.com GmbH.
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us - ScortU.com GmbH, Grafenberger Allee 277 - 287, 40237 Düsseldorf, Germany, fon: +49(0)211-61018980 e-mail: firstname.lastname@example.org - of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you and in no event, will you be charged for such refund. If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total Services provided for in the Agreement. End of the cancellation policy
Sample withdrawal form:
To: ScortU.com GmbH, Grafenberger Allee 277 -287, 40237 Düsseldorf, Germany
Ladies and Gentlemen, hereby I/we (inapplicable deletion) cancel the contract concluded by me/us (inapplicable deletion) from (enter date)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notifications on paper)
6. Liability by ScortU.com GmbH
The provider is not a party to contracts between Scortesses and interested parties and is not liable for damages resulting from these contracts between Scortesses and interested parties. In particular, the provider is not liable for the realization of meetings or the provision of agreed services between Scortesses and the interested parties. Furthermore, the provider assumes no liability for the identity of the interested parties or the Scortesses.
The provider works with specialized service providers in order to ensure the best possible availability of the services. Even if the services are generally available at any time on any day, there may be temporary failures. Possible reasons can be e.g. maintenance, software updates or force majeure but also other technical disturbances on the part of the provider or the service provider which the operator uses to provide the services. Therefore, the provider cannot guarantee the availability of the services. The provider can also not exclude data loss for the above-mentioned reasons. Liability is excluded. This exclusion of liability does not apply in the case of intent or gross negligence.
The liability of the provider for damages, for whatever legal reason, is excluded. This exclusion of liability does not apply to damages resulting from injury to life, body or health which are based on at least a negligent breach of duty by the provider or a legal representative, employee, authorized representative or vicarious agent of the provider. Furthermore, the exclusion of liability does not apply to cardinal obligations, i.e. damages which are based on at least a negligent breach of duty by the Provider or a legal representative, employee, authorized representative or vicarious agent of the Provider with regard to essential contractual rights and obligations which are indispensable for the proper execution of the contract if the achievement of the purpose of the contract is endangered thereby. Furthermore, the exclusion of liability does not apply to damages resulting from a grossly negligent or intentional breach of duty by the Provider or a legal representative, employee, authorized representative or vicarious agent of the Provider. Furthermore, the exclusion of liability does not apply to guarantees given.
The limitation of the liability of the provider according to clause 6 of this contract also applies to the personal liability of his representatives, employees, authorized representatives and vicarious agents.
7. Guarantees of Scortesse, consequences of non-compliance
The applicant's personal details in the application must be truthful. If the provider has doubts about the authenticity or receives a suspicion report from a third party, the provider is entitled to block access until the correctness of the data has been proven. In this case, the provider also has the right to terminate the contract without notice for good cause. If the Scortesse is terminated without notice by the ScortU.com GmbH, the provider may, in addition to the statutory claims for damages, also retain the pro rata fees incurred for the remaining term of the contract with immediate effect as damages, unless the Scortesse is not to blame for the termination for an important reason or can prove that the provider has incurred a significantly lower damage or no damage at all.
The Scortesse is solely responsible for all content provided. Scortesse assures that all contents such as texts, photographs, videos, pictures and all other contents do not violate applicable law or the rights of third parties. In addition, it is specifically prohibited to use pictures for the profile that openly show the genitals or nipples. In addition, Scortesse is prohibited from advertising specific sex services or sexual acts without a condom in a profile that violates German law. A violation entitles the operator to immediate termination without notice and can lead to claims for damages against the Scortesse in the event of damage to the operator. For the case of the offence, the Scortesse furthermore releases the provider, his representatives as well as employees and vicarious agents for any damage - like e.g. costs of defense, costs of court or liability claims of third parties. In addition, Scortesse is obliged to make immediately available all information that serves the legal defense. The indemnification does not apply to corrected claims of third parties that result from the failure of the provider to block or delete contents immediately after he has been informed about the infringement of rights of third parties.
Scortesse is obliged to comply with applicable law at all times when using the services. The Prostituiertenschutzgesetz and the Jugendschutzgesetz of the Federal Republic of Germany are to be emphasized here above all. If the provider has doubts regarding compliance with the applicable law or if he receives a report of suspicion from third parties, the provider is entitled to block access until clarification. In addition, in justified cases, the provider has the right to terminate the contract without notice for good cause. If Scortesse terminates the contract without notice by ScortU.com GmbH, the provider, in addition to the statutory claims for damages, with immediate effect retain the pro rata fees incurred for the remaining term of the contract as damages. Unless Scortesse is not to blame for the termination for an important reason or can prove that, the operator has suffered significantly less damage or no damage at all.
8. Personal data
In order for the operator to be able to fulfil his contractual obligations, he must provide personal data of the Scortesses. One of the special functions of the services is the integrated search function. The search function uses a self-developed algorithm that enables interested parties to search for Scortesses in a targeted manner. For example, interested parties can limit their search to women with a specific hair colour, age and height. This means that only those scorecards are displayed that basically match the search query. For this to be possible, it is imperative that the Scortesse stores the relevant data for the search in its profile. Of course, the Scortesse may delete these at any time, but this leads to the fact that it is no longer displayed in targeted searches.
9. Google Analytics
Like probably most site providers, we also use Google Analytics. Why? Simply explained, so that we can place scortu.com optimally with Google for our scortessen. The better you find scortu.com, the better you will be found!
The legal basis here is our legitimate interest within the meaning of Art. 6 Para. 1 lit. f. DS-GVO. Google Analytics, is a service of Google LLC ("Google").
This information enables Google to evaluate your use of scortu.com in order to compile reports on activities within this online service and to provide us with other services related to the use of our online service and the Internet. It is possible that pseudonymised user profiles are created from the processed data.
The use of Google Analytics naturally takes place with activated IP anonymisation. Thus your IP address is shortened by Google (within member states of the European Union or in other contracting states of the Agreement on the European Economic Area). Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. Your IP address transmitted by your browser will not be merged with any other data held by Google.
You can prevent cookies from being saved by making the appropriate settings in your browser software. However, it is then possible that you may no longer be able to use scortu.com without restrictions, as we require cookies for certain functions (see also point 4 of this explanation). Furthermore, you can prevent the collection and processing of data generated by the cookie by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en
You can find further information on the use of data by Google as well as their setting and objection options here: https://www.google.com/intl/de/policies/privacy/partners
The postal address is: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland.
10. Applicable law, place of jurisdiction
The General Terms and Conditions are subject to the law of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply and shall be excluded.
If Scortesse is a merchant within the meaning of the German Commercial Code, Düsseldorf is hereby agreed as the place of jurisdiction. In cases in which a Scortesse has no domestic place of jurisdiction or relocates its residence outside Germany during the term of the contract, Düsseldorf shall be the place of jurisdiction for any disputes arising. In the event that the Scortesse's usual place of residence is not known at the time of the action, Düsseldorf shall be the place of jurisdiction for any disputes arising.
Verbal collateral agreements do not exist. It is agreed that possible general terms and conditions of Scortesses, which are commercial users, shall not apply to this contract. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions of the contract shall remain unaffected.
11. Online functions
Certain functions of the services require the Scortesse to be logged in to their ScortU.com profile in order to function. For technical reasons, cookies are indispensable for the use of the site. If the Scortesse blocks cookies via its Internet browser, the services cannot be used for technical reasons.