Terms of Use
The following terms of use regulate the conditions of use of the Pay-Girls.eu portal for visitors and advertisers (hereinafter referred to as "user"). The owner and operator of Pay-Girls.eu is:
Ideawise Limited
Room 604 Alliance Building
133 Connaught Road
Central Hong Kong, HK
(hereinafter referred to as the "owner").
The owner reserves the right to adapt or amend the terms of use at any time. In case of the adjustment or amendment of the terms of use, these will be sent to the user by e-mail two weeks before they come into force. If the user does not disagree with the new terms of use within two weeks after having received the e-mail, the amended terms of use shall be deemed accepted. In the event of an objection, the owner has the right to terminate the contractual relationship. The owner shall separately inform the user of the significance of this two-week period in the e-mail containing the amended terms and conditions.
However, this only applies to users who are using the services of the owner and are registered on the Kaufmich.com website at the time of the amendment to the terms of use. The amended GTC shall take immediate effect vis-à-vis other users. Conflicting terms of use of users shall not become part of the contract.
Table of contents
Services of the Owner
Conclusion of Contract
Cancellation Policy for Consumers
Obligations of Users
Granting of Rights
Prohibited Contents
Payment/ Termination
Warranty
Limitations of Liability
Violation of Rights
Data Protection
Prices
Final Terms
1. Services of the Owner
The owner provides the portal Kaufmich.com on the Internet. Here, users can, among other things, create their own profiles, upload content, take note of profiles or content of third parties and other information, exchange information and submit ratings. The owner enables, among other things, the retrievability of the posted content and the use of the other services.
The registration on Pay-Girls.eu and the use of the portal Pay-Girls.eu are free of charge. No costs are incurred through the mere registration and use of the owner's website within the framework of a basic membership. Some functions on the owner’s website are subject to a charge, some can only be used by Members and only after taking out a paid membership. Options liable to costs are clearly marked as such and can only be activated by the user himself after confirmation. The current prices for a paid membership can be viewed on the owner’s website for registered members.
The owner's offer is directed exclusively towards persons of legal age, legal entities and partnerships. Minors may not register on the website of the owner.
As a matter of principle, the owner does not check the content uploaded by users to the portal and can therefore neither guarantee its accuracy, appropriateness nor quality. Users have the option of becoming a "verified member" on Pay-Girls.eu or having an "authenticity check" carried out. For this purpose, users must prove their identity in a suitable form, for example by presenting an identity card or another suitable procedure (e.g. the Pay-Girls authenticity check).
The owner 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 user's account temporarily or permanently. This is particularly the case if the owner becomes aware of a violation of these terms and conditions, youth protection regulations or other legal provisions by the user or if there are other important reasons. A correction or deletion of content or a blocking of a member's account by the owner does not affect an existing payment obligation of the user.
Users have no right to use the services of the owner and/or to publish content on the portal of the owner. In the event of violations of these GTC, the owner's community rules, legal provisions or in the event of other important reasons, such as harassment of other users, the owner may issue a virtual house ban to users, 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 chargeable services used. The assessment of a situation leading to a change, rejection, deletion, blocking or the issuing of a virtual house ban is the responsibility of the owner.
The services, functions and contents of the platform may be changed, extended or restricted at any time at the own discretion of the owner.
Insofar as these services, functions and contents are assigned to a paid membership, the owner shall ensure appropriate compensation for the functions to be changed.
The user can purchase a virtual means of payment, the so-called "Pay-Girls-Dollars", on the portal from the owner for a fee. A return of the "Pay-Girls-Dollars" against reimbursement of the amount paid for this is excluded.
The communication in the private messages between the users takes place without inspection by the owner's moderators of or the owner itself. Insofar as a legal, judicial or official obligation of the owner exists, the owner may carry out corresponding searches and pass on corresponding evidence to the authorities.
2. Conclusion of Contract
In order to use the functions of the platform, the user has to register free of charge. Registration requires a valid and permanent e-mail address and, if applicable, a valid mobile phone number of the user. During registration, users can choose a user name and a password. They then receive a personal account (user account). After their registration, members receive a message by e-mail announcing the receipt of their data and confirming the conclusion of the contract. By registering as a member or creating a profile, the member requests the conclusion of a contract of use, but there is no claim to the conclusion of a contract. The text of the contract is not stored by the owner. At present, a contract can only be concluded in German. Multiple accounts for one person are only permitted if the person is an escort and each of these accounts is a paid user account (plus membership).
3. Cancellation Policy for Consumers
After the purchase, you as a consumer have the possibility to revoke the contract within 14 days from the day of the conclusion of the contract, as long as you have not exercised a waiver of revocation, which is a prerequisite for immediate use of the purchased product. Specifically, if you have purchased a service, your right of withdrawal will expire after you have given your express consent to do so and at the same time confirmed that you will lose your right of withdrawal upon full performance of the relevant service by Ideawise Limited. If you have purchased content that is not on a physical medium, you will lose your right of withdrawal after you have expressly consented to Ideawise Limited commencing performance of the contract before the end of the withdrawal period and you have confirmed by your knowledge that by consenting to this you will lose your right of withdrawal on commencement of performance of the contract.
In order to exercise your right of withdrawal, you must contact the company authorised to receive declarations of withdrawal, namely
SmH Servicecenter.de GmbH.
Metzer Str. 13
13595 Berlin
Fax. No. 030-338405-999
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. 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 cancellation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case we will charge you for this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
To exercise your right of cancellation, you are welcome to use the following model cancellation form, which you can find under the following link: Cancellation form
End of the cancellation policy
4. Obligations of the Users
When registering, users undertake to provide only truthful, complete and up-to-date information about themselves and to fulfill the minimum requirements necessary for posting content on the owner’s website. If there are justified doubts about the authenticity of the data, the owner can temporarily block the account and demand proof of authenticity from the user. If the user does not comply with this request, the owner is entitled to delete the account. In this case, there will be no reimbursement of amounts already paid by the user (within the scope of a membership that is subject to a charge or when using functions that are subject to a charge).
Users further undertake not to pass on their access data to third parties, in particular adolescents, and to protect them he from access by third parties. They shall be liable for all damage caused by the disclosure to third parties or use by third parties.
Users can post testimonials on Kaufmich.com. In this respect, they undertake to make only factual and truthful statements. Unobjective, insulting statements or those that violate the personal rights of third parties will not be tolerated by the owner and will be deleted as soon as they are noted.
All users of Pay-Girls.eu are obliged to observe the community rules of the owner and to maintain a tone that does not violate the owner’s rules of conduct. This includes, among other things, respectful interaction with other users and a friendly style. In the event of a disturbance of the harmonious togetherness, the owner will take appropriate sanctions. In case of serious personal attacks, insults, defamation and threats, the owner reserves the right to involve the criminal prosecution authorities.
Users are responsible for their own activities, information and content and are obliged to comply with the legal provisions. This applies in particular to the areas of copyright, trademark protection and protection of minors. Users guarantee the owner that they have all the necessary rights with regard to the content they have entered in the owner’s database, that the use and/or exploitation of this content does not conflict with the rights of third parties (e.g. the right to one's own image, the right to a name, trademark rights of third parties) and that the posted content does not violate the provisions of these GTC or legal provisions. Users undertake to prove their legal ownership of the content upon request by the owner. Users undertake to only place such content on the owner’s website or to transmit such content to the owner which is not classified as "prohibited content" in section 6 of these GTC.
Users further agree to refrain from the following:
- any unlawful form of advertising communications
- the sending of spam
- solicitation attempts to lure members of Pay-Girls.eu to other portals/websites
- using automatic mechanisms (such as scripts, bots, etc.) to collect content or information from users
- uploading codes which harm the owner or the website, restrict its functionality or influence it in any other way
- soliciting other people's login information or access an account that belongs to another member
- threatening, intimidating or harassing other members
- posting content that is abhorrent, threatening, incites violence or contains violence
- using Pay-Girls.eu to commit any unlawful, misleading, malicious or discriminatory act
- taking any action that could block, overburden or impair the proper working of Kaufmich.com
- other misuse Kaufmich.com.
Users ultimately agree to indemnify the owner and/or its affiliated companies against all claims asserted by third parties against the owner and/or its affiliated companies due to the infringement of their rights by the content posted by the user on Pay-Girls.eu or due to the user's other use of the owner’s services.
The owner and its affiliated companies include all employees, representatives, shareholders and vicarious agents. The user shall assume all costs of the necessary legal defence by the owner, including all court and lawyer's fees, on first demand.
5. Granting of Rights
With the transmission or uploading of his content, the user grants the owner 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 upon termination of the user's membership. The owner is furthermore granted the right to mark the contents transmitted to him with the owner’s lettering and/or its logo / watermark. This marking serves as copy protection and enables the owner to track the misuse of the material presented on Pay-Girls.eu.
The owner does not guarantee the accuracy, 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 for good cause.
6. Prohibited Contents
Users are prohibited from directly or indirectly misusing the service of the owner for advertising purposes. This includes, in particular, the spreading of chargeable service and value-added numbers, links to chargeable offers, or the attempt to entrap other members in premium SMS services. It is also explicitly forbidden to disseminate contact details such as e-mail addresses, telephone numbers or messenger data in order to respond to incoming contact requests with advertising for third-party offers.
In case of non-compliance with this agreement, a contractual penalty of EUR 500 is hereby agreed for each individual case, to be paid by the user in the event of non-compliance. The uploading of racist, discriminatory, violent-pornographic, against the generally applicable law or other illegal content is not permitted. All content of this kind will be deleted by the owner without comment. The owner reserves the right to block the user's account without comment and to issue the user with a virtual house ban. The blocking or issuing of a virtual ban has no influence on the user's payment obligation.
Furthermore, the advertising of unprotected sexual intercourse (vaginal, anal and oral intercourse without a condom) on Kaufmich.com is prohibited. If the owner becomes aware that users violate this clause, the corresponding profiles will be removed from the search results as soon as the owner becomes aware of this.
7. Payment / Termination
In order to process payments, the owner cooperates with external payment providers. By making a payment, the user agrees to the terms and conditions of the respective payment provider.
Insofar as a chargeable service has been used that is not automatically renewed, the service ends automatically without the need for cancellation.
Memberships subject to a charge with automatic renewal (subscription) are extended by the selected period unless they are cancelled before the automatic renewal. Cancellation before the end of the remaining term does not affect the user's obligation to pay. Likewise, the purchased membership can be fully used until the end of the agreed term despite cancellation.
Compay GmbH (Mettmanner Str. 25, Building 13, 40699 Erkrath, Germany), a subsidiary of Ideawise Limited, handles the payment processing for this website.
8. Warranty
The databases and other technical devices provided by the owner correspond to the current state of the technical development. The owner endeavours to ensure the greatest possible availability of the platform. Nevertheless, problems beyond the control of the owner (higher forces, fault of third parties, etc.) or maintenance work may lead to temporary restrictions in the accessibility of the owner’s services. The owner assumes no guarantee for the constant accessibility or retrievability of its website and is not liable for downtimes due to necessary care and maintenance work. Furthermore, the owner assumes no guarantee for the authenticity of the uploaded content.
9. Limitations of Liability
Any claims for damages against the owner are excluded, regardless of the legal grounds, unless the owner, its legal representatives or vicarious agents can be accused of intent or gross negligence. The liability of the owner for damage to life, body and health as well as the liability according to the product liability law remains unaffected. In case of violation of essential contractual obligations, the owner shall be liable for any negligence, but only up to the amount of the foreseeable damage.
The above limitations of liability also apply to companies connected with the owner as well as to a personal liability of the employees, representatives, shareholders and vicarious agents of the owner and/or the companies connected with the owner.
10. Violation of Rights
The owner respects the rights of third parties and has the greatest interest in preventing promotions posted by users that violate rights. Should a user think that promotions violate his or her rights (e.g. the right to their own image, rights to a name, trademark rights) or other rights (e.g. legal regulations for the protection of minors), the owner asks for the notification of the following information:
- the naming and description of the infringing promotions
- a reason why the promotion infringes rights as well as corresponding evidence by means of documents or similar
- address, telephone number and e-mail of the infringing party or its authorised representative
- the signature or electronic signature of the person authorised to act on behalf of the right holder
- a statement by the user that the promotion complained of infringes his or her rights
- a sworn statement by theuser that the above information is correct.
The above information is to be sent to the owner by e-mail to rechtsverstoesse@Pay-Girls.eu. The owner will immediately investigate all serious notifications of rights violations and, if necessary, take the appropriate legal steps. Any abuse will be punished.
11. Data Protection
We are aware that it is extremely important to our members to handle all personal data transmitted by members to Pay-Girls.eu in a particularly sensitive manner. We therefore observe all relevant statutory data protection requirements.
Detailed information on the collection, processing and use of personal data of the member can be found in the Pay-Girls.eu privacy policy.
12. Prices
Some of the owner’s services are subject to a fee. The prices can be seen in the current price lists, which are available on the owner’s portal. The terms of payment are also stated in the price list.
13. Final Terms
This agreement is subject to German law exclusively.
In the case of the consumer, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favourability principle).