1. service and operator
The service Escoreal Escort, available at escoreal-escort.com, (hereinafter referred to as "the Service") is a service of [...] (hereinafter referred to as "the Operator").
2. scope and general
2.2 The service, its contents and the data that can be viewed within the scope of the service are only available to the user for purely private or non-commercial purposes. Any use for other purposes, in particular for commercial or business purposes, is prohibited.
2.3 Only persons of legal age (18 years and older) may be users of the Service. The Service is not open to persons under the age of 18. By registering with the Service (see section 4.), the user affirms that he or she is at least 18 years old.
3. benefits of the service
3.1 The service is an internet agency for customers seeking partners. The operator offers the user access to its database. This database enables the user to establish partner and friendships with other members. In addition, this database contains profiles and information about other users. Users can view the profiles of other users in the database and be contacted by them to a limited extent as well as create their own profile including a photo and up to 10 album pictures and 10 VIP pictures and place them in the database. The customer appears to third customers only under an anonymous desired name. Users also have the option of upgrading their existing free membership to a paid "VIP membership". A "VIP member" has access to further functions in addition to those of the free basic membership. Among other things, a "VIP member" has access to the service's messaging system and can write messages to other "VIP members" free of charge. In addition, a "VIP member" can activate 10 basic members per month for contact. VIP members also have unlimited access to the VIP photo album.
3.2 The operator does not promise successful contact with other users of the service. The subject of the contract is also not a matchmaking service. The subject matter of the service is merely the provision of the possibility of establishing contact among the users of the service, which is structured differently depending on the type of membership acquired.
4. subject matter of the contract of use and conclusion of contracts
4.1 The subject matter of the contracts of use is in each case the use of the services by the user to the extent of the selected membership. The use of the service is only possible after prior registration by the user and acceptance of the registration by the operator. The users can choose between two variants of the use of the service or the membership:
4.1.1 On the one hand, there is the possibility of free, limited use of the service within the framework of the basic membership (hereinafter referred to as "basic membership");
4.1.2 On the other hand, there is the possibility of extended, paid use of the service within the framework of VIP memberships (hereinafter referred to as "VIP memberships"). This requires prior registration as a basic member.
4.2 The description of the memberships, their scope of services as well as the prices of the VIP memberships can be found in the presentations within the scope of the service.
4.3 The opportunity to use the service offered or the opportunity to log in or register for the service - whether free of charge (basic membership) or subject to a charge (VIP membership) - is in each case non-binding and in particular does not constitute a binding offer by the operator to conclude a corresponding contract of use. Rather, it is to be seen as an invitation to the user to submit an offer to conclude a contract of use. Upon completion of the respective registration or order process by the user on the internet portal of the service, the user submits a binding offer to conclude the contract (basic membership or VIP membership) on the use of the service. The operator can accept this offer of the user by separate e-mail or by providing the corresponding service within three working days, otherwise the user is no longer bound to his offer. Only through this acceptance does the contract between the user and the operator come into effect. The operator is not obliged to conclude the contract. The operator can refuse acceptance of the registration or order (conclusion of the contract) without giving reasons.
4.4 The user must first register with the service as a basic member. The user then has the option of ordering a paid VIP membership.
5. right of withdrawal
Consumers within the meaning of § 13 of the German Civil Code (BGB) have a right of withdrawal as follows:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (...) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model cancellation form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
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 fourteen days from the day on which we received the notification of your withdrawal from this contract. For the 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 will you be charged 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 that point in time at which 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.
End of the cancellation policy
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
- An [... ]:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete as applicable
6. obligations of the user
6.1 Within the scope of the registration for the basic membership, the order of a VIP membership and the creation of the user profile, various details of the user are requested. This information may be both mandatory and optional. The user assures that the information provided by him/her is in any case complete and correct, and in particular that the contact details provided by him/her are valid and assigned to him/her. The user is obliged to immediately adjust any changes to the mandatory information provided by him/herself in the profile.
6.2 The user is obliged to keep his access data for the use of the service secret. In particular, users are prohibited from disclosing the access data to third parties or allowing third parties to use the services with the user's access data. If the user has reasonable grounds to suspect that a third party may have gained knowledge of his access data, he must inform the operator immediately and change his password.
6.3 Within the scope of using the Service, the User shall refrain from the following:
6.3.1 The visible reproduction, display or other indication of contact data (e.g. telephone number, addresses, e-mail addresses, etc.) or other information (e.g. links to profiles of the user on other social networks or other services, user names on other social networks or other services, etc.) within the scope of the service for other users of the service, which can be used to establish contact between users of the service bypassing the service or its notification systems.
6.3.2 Any use of the Service, its contents or the data viewable within the Service for commercial or business purposes, in particular any contacting or otherwise addressing other users of the Service within the Service for the aforementioned purposes.
6.3.3 to systematically read out or copy or otherwise export contents of the Service or data of users of the Service for use outside the Service.
6.3.4 Activities as well as the publication of content, regardless of its nature, which violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, you are prohibited from the following actions:
the posting, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
the use of content that insults or defames other users or third parties;
the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorised to do so.
6.3.5 Irrespective of any possible infringement of the law when posting own content within the scope of the service as well as when communicating with other users (e.g. by sending personal messages, by participating in discussion forums or by writing guestbook entries) the following activities:
the spread of viruses, Trojans and other harmful files;
the sending of junk or spam mails as well as chain letters;
the dissemination of offensive, sexually explicit, obscene or defamatory content or communication, or content or communication which is likely to promote or support racism, bigotry, hatred, physical violence or unlawful acts (in each case explicitly or implicitly);
harassing other participants, e.g. by contacting them personally several times without or against the reaction of the other user, as well as encouraging or supporting such harassment;
soliciting other users to disclose passwords or personal data for commercial or unlawful purposes;
the distribution and/or public reproduction or making available of content available within the scope of the service, unless this is expressly permitted by the respective author or expressly made available as a functionality within the scope of the service.
6.3.6 Any action that is likely to impair the smooth operation of the service, in particular to place an excessive load on the Operator's systems.
7. availability of the service
The service is operational 24 hours a day, seven days a week with a monthly average availability of 98%. Excluded from this are downtimes due to maintenance and software updates as well as times during which the web server cannot be reached via the Internet due to technical or other problems that are beyond the control of the operator (force majeure, fault of third parties, etc.). If it is foreseeable for the Provider that downtimes for maintenance and software updates will last longer than three hours, the Provider shall notify the Customer of this at least three calendar days before the start of the respective work.
8. user content
8.2 By posting content within the scope of the service, the user grants the operator a free and transferable right of use to the respective content, in particular
to store the contents on the server of the operator as well as to publish them, in particular to make them publicly accessible (e.g. by displaying the contents on the internet within the scope of the service),
to edit and reproduce, insofar as this is necessary for the provision or publication of the respective content, and
to grant rights of use - including rights of use against payment - to third parties in respect of content within the scope of the use of the service.
The aforementioned right of use expires if and as soon as the user removes the content posted by him/her from the service. However, the operator remains entitled to retain copies of the content for backup and/or verification purposes. The rights of use previously granted to third parties for content posted by the user also remain unaffected.
8.3 The User is solely and fully responsible for the content he/she posts. The operator does not check the content for completeness, correctness, legality, up-to-dateness, quality and suitability for a specific purpose. The user assures the operator and vouches for the fact that he is the sole person entitled to dispose of the content he has posted, in particular that he is entitled to grant the operator the rights granted here and that he has not made or will not make any disposition contrary to the contractual granting of rights. The user indemnifies the operator against all claims of third parties in connection with the use of the contents in accordance with the contract, including the costs of appropriate legal defence; alternatively, the user indemnifies the operator. This does not apply if the user is not responsible for the infringement.
9. duration and termination of the contracts of use
9.1 The basic membership runs for an indefinite period and can be terminated by the user at any time. The operator may terminate the basic membership by email subject to a notice period of 14 calendar days to the end of the month.
9.2 VIP memberships are offered with terms of 1, 3, 6 and 12 months. Details can be found in the respective product description. In the case of the VIP membership with a term of 1 month, the membership shall be extended by a further month in each case if the user does not cancel the membership in writing by email or in the user profile by clicking on the cancellation button at least 24 hours before the expiry of the membership (including optional extension periods) or if the operator does not cancel the membership in writing by email at least 3 calendar days before the expiry of the membership (including optional extension periods). In the case of VIP memberships with an initial term of more than one month (3, 6 and 12 months), the membership is extended in each case by the period originally booked (3, 6 or 12 months) if the user does not cancel the membership in writing by email or in the user profile by clicking on the cancellation button at least 1 week before the expiry of the membership (including optional extension periods) or the operator does not cancel the membership in writing by email at least 2 weeks before the expiry of the membership (including optional extension periods). The acceptance of the user's registration by the operator (conclusion of the contract) is decisive for the start of the membership.
9.3 The right of the parties to terminate the contract for good cause shall not be affected by the above termination provisions.
9.4 When the termination takes effect, the contractual relationship ends and the user may no longer use the contractual access. The operator is entitled to block the user name and password when the termination takes effect.
9.5 The Operator is entitled to irretrievably delete all data created in the course of the User's use of the Service upon expiry of 30 calendar days after the termination becomes effective and after expiry of any statutory retention periods.
10. blocking of access
10.2 In the event of temporary or permanent blocking, the Operator shall block the access authorisation and notify the User thereof by e-mail.
10.3 In the event of a temporary blocking, the Operator shall reactivate the access authorisation after the blocking period has expired and notify the User of this by e-mail. A permanently blocked access authorisation cannot be restored. Permanently blocked users are permanently excluded from participation in the service and may not register with the service again.
11.1 The following payment methods are available to you for payment:
Instant bank transfer
At the end of your booking, you will be redirected to the secure SOFORT payment form to make the transfer. Registration is not required.
Your data will be transmitted in encrypted form and the transfer will be carried out directly.
With direct debit, the invoice amount is simply and conveniently debited from your account within eight working days using the account details you have provided. The payment recipient is shown on the statement:
, Internet Payment"
We accept Visa, Mastercard and American Express. Your credit card will be charged upon conclusion of the contract (acceptance of registration). The recipient of the payment will be shown on the invoice:
11.2 Users are not entitled to offset against claims of the operator unless the counterclaims of the user have been legally established or are undisputed. The user is also entitled to offset against claims of the operator if the user asserts counterclaims from the same contract. The user may only exercise a right of retention if his counterclaim arises from the same contract.
12 Liability of the operator
12.1 In the event of intentional and grossly negligent breach of duty, the operator shall be liable - irrespective of the legal grounds - in accordance with the statutory provisions.
12.2 In the event of simple negligence, the operator is only liable for damages arising from the breach of an essential contractual obligation. Material contractual obligations are those whose fulfilment is essential to the proper performance of the contract and on whose compliance the User regularly relies and may rely. In the event of a breach of material contractual obligations, the obligation to pay compensation shall be limited to the typically occurring damage foreseeable at the time of the conclusion of the contract.
12.3 The limitation of liability in accordance with 12.2 shall not apply in the case of damage resulting from injury to life, limb or health, or claims under the Product Liability Act, or if a defect has been fraudulently concealed or a guarantee of quality has been given.
12.4 The above exclusions and limitations of liability shall apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of the operator.
13. data protection
The operator attaches great importance to careful handling of users' personal data and observes the relevant data protection regulations. In this regard, reference is made to the separate data protection declaration.
15. final provisions