§ Nutzungsbedingungen

Definitions

Within these Terms and Conditions, the following terms are used:
Provider: Fruity Pages, Tentstraat 86, 6291BJ Vaals, Netherlands
User: Any natural person who registers on the portal at www.datemyfoot.com and utilizes the services provided by the Provider
Services: All features offered by the Provider on the portal, including but not limited to creating a user profile, searching for other users, uploading images, and using communication functions
Content: All data, texts, images, videos, and other materials provided by the User or the Provider on the portal
Subscriptions: Time-limited, paid access to advanced features of the portal
Packages: One-time purchases of virtual goods or services that offer specific benefits on the portal
GEO Data: Location-based data used to determine a user's geographical position
Scope
1. The following general terms and conditions (GTC) apply to the use of the website www.datemyfoot.com and to any contractual relationships between users and the provider.
2. Conditions of users that deviate from or supplement these GTC are hereby rejected.
3. The provider may change these GTC at any time. Existing users will be informed of changes at least 30 days before they take effect, separately by email and/or private message and/or when logging in to services. The new version of the GTC will be available for viewing and download on the website. If the user rejects the modified GTC, they may object to the applicability of the new GTC before they take effect, discontinue the use of the services, and delete their account. If the user does not exercise this option, the modified GTC will be considered accepted. The provider will explicitly mention this consequence in the notification of the changes.
Legal Age
1. The website www.datemyfoot.com is intended exclusively for the entertainment of adults. The services may not be used by individuals under the age of 18. By accessing the site and using the services, the user guarantees that they are indeed at least 18 years old and that they are authorized to do so according to the laws of the country in which they reside and/or the laws of the country from which they access the services and the website.
2. The provider assumes no liability for damages resulting from unauthorized access to the site as per § 3.1.
User Account
1. To fully utilize the services, the user can register on the website and create an account. Registration is done by entering a valid email address and setting a password. After entering the required information, the user will receive a confirmation email as part of the double-opt-in process. The user must complete their registration by clicking on the confirmation link contained in the email. Registration is only complete after confirming the email address, and the user can then access the portal. Registration as a user establishes a contractual relationship with the provider, governed by the provisions of these GTC.
2. The user is responsible and liable for all uses of the services through their account. Usernames and passwords must not be disclosed to third parties. If there is reason to believe in unauthorized use by others, the user must promptly inform the provider. Regardless, the user must take immediate measures to protect their account, such as changing their password.
3. The user agrees to provide truthful and complete information during registration. Any changes to user data must be promptly updated in the user account.
4. At the time of registration, the user warrants that they are authorized to use any material (e.g., photos, texts, templates) they upload and/or post during the creation and subsequent use of their profile, particularly ensuring that this material is free from third-party rights (e.g., third-party copyrights). The user assumes exclusive liability for this. There will be no review by the provider. The user indemnifies the provider internally against all claims by third parties that may arise from the use of these templates/materials.
5. The creation of a user account is only allowed for natural persons acting in their own name. Only one registration per person is permitted.
6. The user account is strictly personal and may not be transferred to or used by third parties.
7. The provider reserves the right to reject registrations for a user account without stating reasons.
Subscriptions and Payment Terms
1. Types of Subscriptions The portal offers various subscription models that provide users with enhanced features and benefits. Details of each subscription, including duration, scope of additional features, and prices, are described on the portal. Prices include statutory value-added tax.
2. Conclusion of a Subscription A subscription is formed when the user selects the desired subscription and completes the purchase using the provided payment methods. By completing the subscription, the user agrees to the respective terms and costs.
3. Payment Terms Subscription payment is made in advance. The provider is authorized to have the payment process handled by a third-party company. If the user uses this payment service provider, the respective terms and conditions of this company also apply. The user can choose from various payment methods offered on the portal or by the payment service provider. Billing is done either monthly or annually, depending on the chosen subscription model.
4. Renewal and Termination Subscriptions are automatically renewed at the end of the term unless canceled by the user. Cancellation must be made before the end of the current term to prevent automatic renewal. The specific cancellation deadlines and procedures are provided in the user account and subscription details.
5. No Refunds Refunds for already paid subscription periods are generally not available, even in cases of non-usage of the portal during the subscription period. Special regulations apply in the case of a complete account termination (§ 7).
6. Purchase of Packages In addition to subscriptions, users can also purchase packages that allow them to use specific additional features or content for a limited time or a limited number of times. The terms and prices for these packages are displayed on the portal.
7. Payment Default In the event of payment default, the provider is entitled to demand default interest at a rate of 5 percentage points above the respective base rate. This does not preclude the assertion of higher damages. If the provider uses a payment service provider for billing, the rights of the payment service provider in the event of default are governed by its terms and conditions. In the event of default, the provider is also entitled to exercise its right of retention, especially by restricting or deactivating the user account until all outstanding claims are settled.
Disruptions
1. The provider assumes no strict liability for the continuous and uninterrupted accessibility of the services or any part of the services. Outages may occur due to internet disruptions or as a result of viruses and/or errors or defects (e.g., on servers or other hardware). In such cases, the provider is not liable for potential data loss experienced by users.
2. In the event of maintenance work that affects the functionality of the website, the provider will announce such work in advance to the extent possible. Users are not entitled to compensation in this case.
Termination
1. Users can terminate their account at any time, provided they are logged in, using the support system provided by the provider, with a notice period of 7 days. The notice period starts once the user positively confirms the automatic security prompt triggered after initiating the termination, confirming their intention to proceed with the termination. During the notice period, the user remains responsible for their account. The provider also reserves the right to terminate the agreement with reasonable notice, independent of its right to immediate termination (see § 7.2).
2. The statutory provisions apply to the right of immediate termination by the parties. The provider is specifically, but not exclusively, entitled to such termination if users:
3. Use software such as viruses or trojans that spy on, damage, delete, or restrict the availability or access to the site's computers, data, other users, or third parties.
  Bypass the technical security measures of the provider's computer systems.
  Extract the content of the website through manual or automated software, devices, or other processes.
  Send spam and/or junk emails.
  Unauthorizedly make personal data, such as other users' email addresses, accessible to third parties.
  Share usernames along with passwords with others or otherwise provide unauthorized access to their account, such as by leaving a browser in a logged-in state.
  Distribute child pornography or engage in bestiality.
  Exploit minors in any form, including but not limited to inappropriate contact.
  Incite or provide information about illegal behavior and/or participation in criminal activities.
  Spread false information about other users or the provider.
  Harass or stalk other users.
  Present forged identification.
  Mislead about their legal age.
  Repeatedly violate the terms and conditions/AGB, even after prior warnings.
4. In the event of termination by a user, the right to a refund of already deposited funds is forfeited, unless the provider was at fault for the termination. The right to a refund is also forfeited if the termination by the provider, whether on notice or immediately, was caused by the user's fault. Legal withdrawal rights remain unaffected by this regulation.
Treatment of Profiles/User Content by the Provider
1. The provider is entitled, at its discretion, to review, restrict, remove, or block profiles/user content posted or transmitted using the website. The provider will exercise this right, especially when the user has been previously excluded from using the services and/or when the content violates these terms and conditions.
2. The provider also reserves the right to disclose personal data or user content to third parties if required to do so by a court order, an ongoing legal proceeding, or a request from law enforcement authorities in the Netherlands, or if necessary to protect its own rights, particularly to enforce its own claims.
Provider's Liability for Damages
1. The provider is liable for damages only in the following cases:
2. In case of injury to life, body, or health caused by its, its legal representatives', or vicarious agents' culpable actions.
  For other damages, insofar as these are based on intentional or grossly negligent breaches of duty by it, its legal representatives, or vicarious agents.
  In the event of the breach of material contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner can regularly rely (cardinal obligations), liability for slight negligence is limited to typical and foreseeable damages.
3. In all other cases, claims for damages are excluded. The provider specifically points out that it assumes no liability for the behavior of other users or third parties in the use of the provider's services or other activities (e.g., meetings between individual users), even if such behavior is unlawful and/or violates these terms and conditions. If the provider becomes aware of such circumstances, it will exercise its right to immediate termination of the respective user account (see § 7.2).
Disclaimer for Content on Other Sites

The links on the website to the content of third-party internet pages merely provide access to foreign content. Since the content of internet pages is dynamic and can change at any time, a continuous individual review of all content to which a link has been created is not possible. The provider expressly does not adopt the content of third-party internet pages linked to its own internet presence. The respective provider of the page referred to is solely liable for any damage resulting from the use or non-use of foreign content.
Copyrights
1. Upon registration, users do not acquire any copyrights, neither in the material of the provider nor in that of other users. Users are prohibited from using foreign content, whether from the provider or from other users, for their own or third-party purposes, including creating their own copies. It is also expressly prohibited to sell, rent, distribute, or otherwise make such copies available to third parties. If other users or third parties violate this, the respective authors are responsible for pursuing civil legal action themselves.
  
  For content that a user uploads or posts after their registration, the user grants the provider an irrevocable, content and spatially unrestricted, non-exclusive usage right until their deregistration. The transfer of usage rights currently extends to all known types of usage and also includes reproduction, distribution, digitization, public accessibility, and storage in databases. Attribution, if permitted, is at the discretion of the provider. The user confirms in this context that this statement is binding for their heirs, legal successors, or other individuals asserting an interest in the material and that they are authorized and capable of making this statement. The user expressly agrees that they will not receive any compensation for this declaration of consent.
  
  The usage rights mentioned in § 11.2 terminate when the user's account is terminated and deleted after the expiration of the notice period. The user agrees that removed content may be stored in caches and/or backup copies for a certain period. However, such content will no longer be accessible to third parties unless the user has shared content with other users or third parties. In such cases, the recipients must additionally delete the data themselves. The deletion of such content from other users or third parties is not controlled by the provider.
Ineffectiveness of Individual Contractual Provisions

Should individual provisions of the contract between the user and the provider, including these terms and conditions, be wholly or partially ineffective, or should there be a gap in them, this shall not affect the validity of the remaining contract or provisions.
Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Fruity Pages, Owner: Michael Geilenkirchen, Tentstraat 86, 6291BJ Vaals, Netherlands, moneydomdir@gmail.com) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Please note:
The right of withdrawal does not apply to contracts for the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged that you lose your right of withdrawal once the performance has begun.
Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)

To Fruity Pages, Tentstraat 86, 6291BJ Vaals, Netherlands, datemyfoot@gmail.com
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*),
Ordered on ()/received on (),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date

(* Delete as appropriate)
Applicable Law

The contract and the use of the website are subject to the law of the Netherlands.
Contract Language, Storage of Contract Text

The language available for the conclusion of the contract is German. We store the contract text and send you the order data and our terms and conditions by email. You can view the terms and conditions on this page at any time.

These terms and conditions are drafted in the German language. In case of discrepancies between translations of these terms and conditions into other languages, the German text shall prevail.
Consumer Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) which you can find here: https://ec.europa.eu/consumers/odr/. Fruity Pages is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§ Nutzungsbedingungen

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