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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 terms and conditions of use set forth herein govern the rights and obligations between the
Grafenberger Allee 277 bis 287
- hereinafter also referred to as operator or provider -
Users of the services made available by the provider
In the following, the Internet portal http://www.scortu.com ("Portal") as well as other mobile applications ("App") are summarized under "Services". ScortU.com GmbH is the contractual partner and operator of the services. Detailed information on ScortU.com GmbH is provided in the imprint.
2.1 Purpose of use:
It is the mission of ScortU.com GmbH to offer Scortesses an effective platform for self-marketing that meets the current needs and the possibilities of the time. Dating seekers ("prospective customers") are given the opportunity to find dating partners ("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.
2.2 Minimum age:
The minimum age for using the services is 18 years. In some countries the minimum age is 21 years. The basis for the use of ScortU.com results from the specific national or regional laws of the place of residence for the consideration of possibly youth-endangering contents. ScortU.com generally excludes content that is harmful to minors from its general terms and conditions. Nevertheless, it cannot be safely excluded that such content would be visible at least temporarily. Minors are prohibited from using the services. If the provider becomes aware, e.g. through a suspicion report, that a user is not yet of legal age or if he has doubts about the stated age, the provider is entitled to block access until proof of legal age has been provided.
2.3 Truthful information:
The user is obliged to truthfully provide the data requested in the registration. The data are all subject to data protection (see data protection guidelines). If the provider becomes aware, e.g. through a notification of suspicion, that a user has made untruthful statements or if he has doubts about their correctness, the provider is entitled to block access until proof of the correctness of the data.
2.4 User name and access data:
The user name and the password are free selectable. However, it is the responsibility of the user to ensure that the chosen user name does not infringe any third party rights, in particular any name or trademark rights. In addition, the user name must not offend common decency. The password must be kept secret and may not be made accessible to unauthorized third parties. The services offered may only be used by the registered user. If it is to be feared that unauthorized third parties have gained or will gain knowledge of his access data, the user must inform the provider immediately. The user is liable for any use and other activity in accordance with the statutory provisions.
It is forbidden to the user to publicly show adult nude photos or otherwise offensive photos in his profile. If the user does not comply with this provision, the provider is entitled to immediately block access. In addition, there is the possibility that the user thereby makes himself liable to prosecution in the legal sense and threatens him with legal punishment and damages.
2.6 Advertising ban:
2.7 Compliance with legal regulations:
Every user is obliged to comply with the country-specific laws. In particular, the Prostitution Protection Act and the Youth Protection Act of the Federal Republic of Germany must be observed by all users when using the services. If the provider becomes aware, e.g. through a suspicion report, that a user is violating a relevant law, the provider is entitled to block access immediately and, if necessary, initiate a criminal complaint. In addition, the provider reserves the right to claim damages.
2.8 Unauthorised content:
Insulting, offensive, abusive, threatening, racist, personality-damaging, illegal or pornographic content may not be used, communicated or disseminated in the profiles. If the provider becomes aware of illegal content, e.g. through a report of suspicion, the provider is entitled to block access immediately. In addition, the provider will, depending on the violation, initiate a criminal complaint and examine legal claims for damages.
The user is solely responsible for all content provided. The user assures that all contents such as texts, photographs, videos, pictures and all other contents neither violate applicable law nor violate the rights of third parties. In the event of a violation, the user indemnifies the operator, its representatives as well as employees, authorised representatives and vicarious agents for any damage such as costs of defence, court costs or liability claims of third parties. In addition, the user is obliged to immediately provide all information that serves the legal defense. The indemnification does not apply to corrected third-party claims resulting from the provider's failure to block or delete content immediately after he has been informed of the infringement of third party rights.
2.0 Corporate Identity:
The offerer is always endeavored to deliver a respectable, transparent and value-oriented picture in the external effect. Therefore it tolerates no behaviors of users, who oppose this tendency. The user has to pay attention therefore e.g. to the fact that it on its profile or in the initiative announcements appropriate, youth-free formulations selects. If other users report an infringement or if the provider considers the formulations to be inappropriate (e.g. vulgar formulations), he is entitled to block the account and admonish the user. If the behaviour is repeated, the provider has the right to terminate the user without notice and, if necessary, to claim damages.
3. 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 Scortesses.
The provider works with specialised service providers in order to ensure the best possible availability of the services. Even if the services are generally available at any time of the 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, authorised representative or vicarious agent of the provider. Furthermore, the exclusion of liability does not apply to cardinal obligations, i.e. damages based on at least a negligent breach of duty by the Provider or a legal representative, employee or vicarious agent of the Provider with regard to essential contractual rights and obligations that are indispensable for the proper execution of the contract, if the achievement of the purpose of the contract is thereby jeopardized. 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, authorised 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 3 of this contract also applies to the personal liability of his representatives, employees, authorised representatives and vicarious agents.
4. Online functions
Certain functions of the services require the user to be logged in to his ScortU.com profile in order to function.
5. Applicable law, place of jurisdiction
If the user 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 user does not have a domestic place of jurisdiction or relocates his 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 user'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.