PREAMBLE
These terms and conditions govern the contractual relationship between you (hereinafter referred to as the "Member" or you will be addressed directly) and Onlydesirez (hereinafter "Provider" or "Onlydesirez"). These terms and conditions can be accessed, downloaded, and saved by members at any time, even after the conclusion of the contract.
By using the services of the provider and clicking on the box "Acknowledged and accepted terms of use" (literally or in substance), members agree to the validity of these terms of use. Contrary terms of use by members do not become part of the contract.
The provider reserves the right to adjust or change these terms and conditions. In the event of an adjustment or change to the terms and conditions, we will send them to you by email four weeks before they come into effect. If you do not object to the validity of the new general terms and conditions within four weeks of receiving the email, they will be deemed accepted. In the event of your objection, we have the right to terminate the contractual relationship. We will separately draw your attention to the significance of this four-week period in the email containing the amended terms.
1. GENERAL
Onlydesirez is a social network community of NewStep UG (limited liability), Thierstraße 20, 80538 Munich, Germany.
The offering of Onlydesirez is aimed at natural, adult individuals who can register for private and commercial purposes. Members have the opportunity to access profiles with photos, texts, videos, and other information from other members on Onlydesirez, upload their own content such as texts, photos, videos, etc., and exchange with other members.
Registration with Onlydesirez and the use of the community are free of charge. Members have the option to sell their uploaded media for credits. Furthermore, the provider reserves the right to offer certain services as chargeable and specially marked. Paid options are marked as such and can be activated by members themselves. Members (users) can purchase virtual currency credits on Onlydesirez. There is no refund of credits for a refund of the amount paid for them.
The provider expects each member to maintain a cultured and respectful tone in their interactions with others.
2. SERVICES OF THE PROVIDER
The provider offers the portal on the internet through which members can upload content or otherwise input content and access content provided by other members, among other things. The provider enables, among other things, the accessibility of this content. The contractual service of the provider consists of granting access to its internet portal.
The provider reserves the right to review, at its discretion, the upload of content and information, including in profiles (such as usernames or profile pictures), before publication, to reject, correct, or delete them, and/or to temporarily or permanently suspend the member's account. This is particularly considered if the provider becomes aware of a violation of these terms and conditions or legal provisions, discovers false information, or if other important reasons exist. In this case, any outstanding commission claims will be forfeited.
The provider reserves the right to verify the authenticity or correctness of members' accounts and may request certain documents, such as verification images or copies of identity cards, from members for this purpose. If members fail to comply with the request, the provider reserves the right to delete the account.
Members have no entitlement to use the services of the provider and/or to publish content on the provider's portal. In case of violations of these terms and conditions, legal provisions, or in the presence of other important reasons, such as disruption of harmonious interaction among members, the provider may impose a virtual ban on members.
Members who have been banned are prohibited from re-registering. If bans are circumvented by re-registering under a new pseudonym, the account data will be deleted. Legal action will be taken against former members with bans who repeatedly attempt to re-register (injunction).
In case of serious personal attacks, insults, defamation, threats, or other criminally relevant behavior by a member, the provider reserves the right to involve law enforcement authorities. The assessment of a situation leading to a change, rejection, deletion, suspension, or imposition of a virtual ban is at the discretion of the provider.
Services, functions, and content of the platform may be changed, expanded, or restricted by the provider at any time. If they involve paid options, the provider will ensure appropriate compensation.
If a member's free account remains unused for longer than 3 months, the provider may delete it without further notice. In this case, there is no entitlement to the storage or release of data.
3. CONTRACT CONCLUSION / TERMINATION
By registering on Onlydesirez, you submit an offer to conclude a user agreement with the provider. When registering, you are required to provide the username, email address, and a password. You can also register via third-party connect functions (e.g., Google Connect). Selected data from your profile will be transferred to the provider's database when registering via the connect functions. By registering via the connect functions, you agree to the respective terms of the third-party providers and consent to the transfer of certain data to the provider's database.
Only one account per person is permitted. There is no entitlement to conclude a contract.
After registration, you will receive an email from the provider confirming your offer.
The contract can be terminated by the provider and by the member at any time. Termination is only possible once all subscriptions of a member have ended.
The right to terminate the contract for cause remains unaffected.
Paid offers:
Single Purchase:
Users can purchase credits. Each member can upload paid content and set an individual price. The compensation is 80% and will be paid out in the following month, minus cancellations, around the middle of the month. A valid identification document is required for this. Further details are regulated by the payout order.
Subscription:
Users can also subscribe to a member account and thus have constant access to all content. There is the option to exclude individual content from the subscription and continue to offer it only for purchase with credits. Subscription can be terminated at any time, and access remains until the last minute of the subscription period.
As a member, you declare that:
• You and all other persons appearing in the content are over the age of 18 at the time of recording.
• You own all usage rights to the published material.
• all persons appearing in the material consent to its publication.
Onlydesirez only acts as a broker.
4. RIGHTS GRANTING
Members grant the provider, upon transmission or upload of their content (texts, photos, graphics, film sequences, etc.), the non-exclusive, simple, spatially and temporally unlimited right to use, modify, present, make publicly accessible, reproduce, and distribute the transmitted content on or via the aforementioned services. Members also grant the provider the non-exclusive, simple, spatially and temporally unlimited right to make the uploaded content available for advertising purposes for the provider's portal on third-party portals or to have it made publicly available for advertising purposes.
Members agree that the provider may use the member's provided public data in activity overviews, RSS feeds, and other news services (e.g., Twitter).
Members further agree that their profile or parts of their profile may be framed with advertisements of any kind.
Onlydesirez will not offer the content in its own name.
Upon notification, Onlydesirez will remove copyright-infringing content as well as other impermissible content.
The provider respects the rights of third parties and is therefore interested in preventing the publication of content that infringes the rights of others, which has been uploaded by members. If a member believes that content violates their rights (e.g., rights to one's own image, name rights, trademark rights, copyright), the provider requests a detailed notification. The provider will investigate all reports of infringements and take appropriate action. Abuse will be penalized.
Onlydesirez removes posts in accordance with the Digital Millennium Copyright Act (DMCA). Our complete DMCA notification and takedown policy can be found here: https://onlydesirez.com/static/dmca.html.
5. MEMBER OBLIGATIONS
Members commit to providing truthful, complete, and up-to-date information about themselves during registration and fulfilling the minimum requirements necessary for posting content on the provider's website. Data will be updated in case of any changes. If any changes affecting the account are necessary and cannot be made by the member, the provider must be informed.
If there are doubts about the authenticity of the data, the provider may temporarily block the account and request proof of authenticity from the member. Failure to comply with this request may result in the provider deleting the account.
The deletion of the account or termination of the contract does not affect the rights granting mentioned above. If a member notices their data or previous profile being used in an advertisement after the deletion of their account or termination of the contract, they should report it to the provider, who will then work on removing the advertisement.
A member can delete individual content. This should not be done before 3 months have passed since the last purchase by a user.
By purchasing, the user acquires the right to use the content for an unlimited period (to view the offer) until it is deleted by the member. If deletion occurs within 3 months of the purchase, the user can contact Onlydesirez support. The content will then be provided via email, if permissible.
Passwords must not be shared with third parties. In case of suspected misuse, the password must also be changed, and the provider must be informed immediately.
Users guarantee that they have all necessary rights regarding the content they upload to the provider's database, that there are no third-party rights (such as rights to one's own image, name rights, third-party trademark rights) that oppose the use and/or exploitation of this content, and that the uploaded content does not violate the provisions of these terms and conditions or legal regulations. The member undertakes to provide evidence of their ownership of the rights to the content upon request by the provider.
No member or user may insult, threaten, unduly provoke, or harass other members or users in any way. Provided data (such as real names, addresses, email addresses, phone numbers) and information must be treated confidentially.
Any actions that serve or could serve to impair, circumvent, or obstruct the proper functioning of the provider's services are prohibited. This includes in particular the following measures or attacks: XSS, SQL injection, CSRF, phishing, DoS, DDoS, brute force, session capturing, automated or script-controlled accesses, as well as any other manual and automatic interventions in the technical infrastructure of the provider's services. The provider will report any violation of this regulation to the competent law enforcement authorities.
Members are obliged to indemnify the provider and/or affiliated companies as well as its and/or their employees, representatives, shareholders, and agents of affiliated companies from all claims that third parties may assert against the provider and/or affiliated companies as well as its and/or their employees, representatives, shareholders, and agents of affiliated companies due to the infringement of their rights by the content posted by the member on the provider's portal or due to the other use of the provider's services by the member. Upon first request, the member shall assume all costs of the necessary legal defense by the provider, including all court and attorney fees. In the event of a claim against the provider by third parties due to the behavior and/or omissions of a member, the respective member shall immediately, truthfully, and completely provide all information available to them that is needed for an examination of the claims and a defense.
Prohibited for all members and users:
• any unlawful form of advertising communication on onlydesirez.com (including the dissemination of phone numbers, email addresses, links, SMS numbers, or other contact information for commercial contact with other members);
• sending spam;
• attempts to recruit members to other portals/websites;
• capturing content or information from members using automatic mechanisms (such as bots, robots, spiders, or scrapers);
• uploading code that harms us or the website or restricts or otherwise affects its functionality;
• obtaining or accessing another member's login credentials or account;
• insulting, defaming, bullying, intimidating, or harassing other members;
• publishing content that violates applicable law;
• using Onlydesirez to engage in unlawful, misleading, malicious, or discriminatory actions;
• performing actions that could block, overload, or impair the proper functioning of Onlydesirez;
• any other misuse of the provider's services.
The provider reserves the right to randomly or with reasonable suspicion analyze chat logs.
6. BY USING OUR WEBSITE, YOU AGREE TO THIS POLICY - PLEASE READ IT CAREFULLY
This policy applies to your use of Onlydesirez and all content on Onlydesirez and is part of your agreement with us. This policy sets out what is allowed and what is not allowed on Onlydesirez.
The terms defined in this policy have the same meaning as in our Terms of Use for all Users.
• Use Onlydesirez only for your personal use and do not sell, rent, transfer, or share your account or any content you have obtained through the use of Onlydesirez with other individuals.
• Use Onlydesirez only in a manner and for a purpose that is lawful.
• Do not upload any illegal, fraudulent, defamatory, hateful, discriminatory, threatening, or harassing content to Onlydesirez, and do not publish any content that incites or promotes violence, human trafficking, or illegal activities.
• Do not use Onlydesirez in a way that could exploit, harm, or attempt to exploit or harm individuals under 18 years of age by exposing them to inappropriate content.
• Do not upload, post, display, or publish any content on Onlydesirez that:
• depicts, includes, or relates to:
o individuals under 18 years of age (or that generally refer to individuals under 18 years of age); or
o other individuals unless you have written documentation confirming that all individuals shown, included, or mentioned in your content are at least 18 years old, and you have the written consent of each individual to use their names or images (or both) in the content;
• depicts, promotes, advertises, or refers to:
o- firearms, weapons, or other goods whose sale, possession, or use is prohibited or restricted;
o- drugs or drug paraphernalia;
o- self-harm or suicide;
o- incest;
o- bestiality;
o- violence, rape, lack of consent, hypnosis, intoxication, sexual coercion, torture, sadomasochistic abuse, or hardcore bondage, extreme fisting, or genital mutilation;
o- necrophilia;
o- sodomy;
o- urine, scatological, or excrement-related material;
o- "revenge porn" (i.e., any sexually explicit material depicting a person who has not explicitly and knowingly consented to (a) being recorded, filmed, or otherwise captured, or (b) being published and shared on Onlydesirez);
o- escort services, sex trafficking, or prostitution;
• contains unsolicited sexual content or unsolicited language that sexually objectifies another user or person in a non-consensual manner, or contains fake or manipulated sexual content related to another user or person (including "Deepfakes");
• contains, promotes, advertises, or refers to hate speech (i.e., content aimed at vilifying, humiliating, dehumanizing, excluding, attacking, threatening, or inciting hatred, fear, or violence against a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, gender, gender identity or expression, sexual orientation, age, disability, serious illness, veteran status, or other protected characteristics);
• contains personal data or private or confidential information of another person (such as phone numbers, location information (including street addresses and GPS coordinates), names, identification documents, email addresses, Onlydesirez login credentials including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical data) without the express written consent of the relevant person or refers to such information;
either:
o- in the case of content depicting public nudity, was recorded in or sent from a country, state, or province where public nudity is illegal; or
o- in the case of content depicting sexual acts, was recorded in a public place or sent from a public place where members of the public are likely to see the acts with reasonable certainty (this does not include outdoor locations where no members of the public are present, such as private properties like a backyard or secluded areas in nature where no members of the public are present).
• give the impression that they originate from us or another person or company or are approved, licensed, or endorsed by us;
• cause inconvenience or fear to other individuals or are designed to do so, or are capable of annoying, embarrassing, or seriously harming other individuals;
• is used or intended to be used to obtain money or any other benefit from another person in exchange for the removal of the content; and/or
• involve or promote third-party commercial activities or sales, such as contests, sweepstakes, and other promotions, product placements, advertising, or job listings or advertisements without our prior express consent.
7. SANCTIONS FOR VIOLATIONS
Compliance with these terms and conditions is of significant importance for the functionality of Onlydesirez. The provider will impose sanctions in accordance with this regulation against a member if and to the extent that there are concrete indications for the provider that a member is violating legal regulations, third-party rights, good morals, and/or these terms and conditions.
When choosing the sanctions to be imposed, the provider will take into account the interests of the affected member in the decision-making process, and will also consider whether the misconduct was unintentional or committed with culpability. The following measures and sanctions are considered, graded according to the severity of the misconduct:
• Warning of a member (as the mildest measure),
• Partial and complete deletion of a member's content,
• Restriction or limitation of the use of Onlydesirez,
• Temporary suspension of a member,
• Permanent suspension of a member and issuance of a virtual ban.
8. WARRANTY
The databases and other technical facilities provided by the provider comply with the current state of the art. The provider endeavors to ensure the highest possible availability of the platform. Nevertheless, there may be temporary restrictions on the accessibility of the provider's services due to problems that are beyond the control of the provider (force majeure, third-party fault, etc.) or due to maintenance work. The provider does not guarantee constant accessibility or availability of its website and is not liable for downtime due to necessary maintenance and repair work or newly discovered errors, provided that these were not foreseeable and could also occur to a diligent average programmer.
Furthermore, the provider does not guarantee the authenticity and preservation of the uploaded content to the user. If an account is deleted, modified, or blocked due to a violation of the terms of use, there is no entitlement to the release of the content and communication data stored with the account.
9. LIMITATION OF LIABILITY
Claims for damages against the provider are excluded, unless the provider, its legal representatives, or vicarious agents are guilty of intent or gross negligence. The liability of the provider for damages to life, body, and health as well as liability under the Product Liability Act remains unaffected. In the event of a breach of material contractual obligations, the provider is liable for any negligence, but only up to the amount of foreseeable damage. The above limitations of liability also apply to companies associated with the provider as well as to personal liability of employees, representatives, shareholders, and vicarious agents of the provider and/or companies associated with the provider.
10. DATABASE RIGHTS
All rights (copyrights, trademarks, and other protective rights) to the database work, the database, and the content, data, and other elements uploaded belong to the provider. Any rights of the members to the content they have uploaded remain unaffected by this.
Copyright notices or other protective markings on the Onlydesirez website must not be altered. The content of our database must not be used to build one's own database or for commercial data exploitation or provision of information.
Integration or other linking of the database or individual elements of the database with other databases or meta-databases is prohibited.
Any form of publication (especially reproduction, distribution, public disclosure, broadcasting, or reproduction by image or sound carriers) of film recordings and/or screenshots of the Onlydesirez website (in whole or in part) is prohibited without the consent of the provider. In case of violations, the provider will take appropriate civil and criminal legal action.
11. FINAL PROVISIONS
For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state of their habitual residence (principle of favorability).
Date: 08.02.2024
For any questions, please contact support@onlydesirez.com.