1 Upon completion of the registration at sexbroker.io each member receives a user profile with a nickname and a password. The member chooses the nickname and the corresponding password during registration.
As the owner of a user profile, the Member can access all free services of sexbroker.io. This opens up the possibility for the member:
- Post photos, videos, files, and other content that complies with the guidelines.
3 A transfer of the user profile to other members, users or commercial providers is excluded.
4. to access the sexbroker.io offer the member needs internet access. The costs and fees incurred for the Internet connection and the connection to the Internet must be paid by the Member.
The member undertakes to comply with the applicable laws of the competent jurisdiction when posting content and other user contributions as well as all content originating from his user profile. The member further undertakes to refrain from any misuse of the system and the services offered therein.
I. not to impersonate another person or company and to deceive other users or providers about their own identity;
II. not to transfer his user profile to other members, users or providers or to allow third parties access to his user profile;
III. not to use personal, company or other names or designations that infringe the trademark, copyright or personality rights of others or otherwise violate statutory provisions when selecting one's own nickname;
IV. not to use nicknames or other designations that glorify violence, incite hatred or are in connection with pornography, child pornography, incest, sodomy, political or religious extremism or terrorism;
V. not to disseminate any content that could induce others to commit criminal or otherwise immoral acts;
VI. not to use the system sexbroker.io and the services offered therein in order to harass, threaten or otherwise violate the dignity, honour or sexual self-determination of other persons;
VII. to refrain from actions such as sending unusable e-mails or spam, sending or posting viruses or other programs (spyware, malware, Trojan horses, etc.). Furthermore, to refrain from any actions that could endanger the existence or operation of the data network or data center of sexbroker.io or its users;
VIII. not to criticize and not to spread slander, insults, lies or false information;
IX. not to disseminate content protected by copyright or intellectual property rights without the consent of the copyright holder;
X. not to publish, store or use personal data of private individuals without the express consent of the data subject;
XI. Not to place or otherwise market or disseminate content accessible within the system on other websites without the express consent of sexbroker.io;
XII. not to set any links to websites or contents that violate applicable law, are harmful to minors or otherwise inadmissible.
§ 8 Posting of contents
1. an important element of the system sexbroker.io are the contents generated by the members and uploaded into the system sexbroker.io, which are primarily intended to illustrate the quality of the offer of the rated provider. The members of sexbroker.io commit themselves to observe the following provisions when using the sexbroker.io system and posting content:
I. All content posted by a member must relate to the rated provider, correspond to the facts and be as factual, objective and accurate as possible. They must not infringe any patent, copyright, trademark or personal rights or otherwise protected legal positions of third parties.
II. In order to safeguard these principles, providers are generally prohibited from posting ratings that affect their own company. Similarly, relatives or employees of providers may only evaluate their respective companies if they disclose their relationship with the provider.
III. the posting, sending or other making accessible of contents is inadmissible, if the contents represent or contain the following:
- intentionally misrepresent information, insults, defamations, obscenities or lies;
- threats against other members, vendors, or third parties;
- commercial self-promotion by entering e-mail addresses, URLs or telephone numbers;
- Information from hearsay and unconfirmed statements from third parties;
- Logos, titles, brand names or materials with a commercial purpose;
- open or covert advertising;
- communications of irrelevant facts.
IV. Contents are also inadmissible:
- which have been copied or copied elsewhere;
- which contain offensive statements and comments about other members or ratings;
- that is pornographic, obscene, abusive, vulgar or otherwise objectionable;
- that were initiated by providers themselves and smuggled in via straw men;
- who, as carriers of viruses, Trojans or other harmful programs, represent a security risk.
For the protection of providers, members and other users, sexbroker.io reserves the right to remove any content that is inadmissible according to the aforementioned criteria or could be dangerous for the system for other reasons at any time without further notice.
§ 9 Rights of MZR as well as sanctions and measures
1. as soon as there are concrete indications that a member violates legal regulations, rights of third parties, these general terms and conditions or guidelines of MZR or that there is another legitimate interest for the protection of other members, users or providers, MZR can take measures against a member from the following non-exhaustive catalogue of measures. In particular MZR can
I. Delete contents that have been posted on sexbroker.io;
II. warn members;
III. restrict the use of the system;
IV. temporarily block the member;
V. definitively block the member.
The selection of the measure to be taken takes place (if necessary after corresponding hearing of the member) under consideration of the fault of the member. The blocking of the member causes the closing of all user profiles opened in his name or attributable to him. In the case of permanently blocked members, there is no right to restore the blocked user profile or to open a new user profile.
2 MZR reserves the right to delete nicknames, user profiles or contents of members, if the corresponding accounts were not used longer than six months in consequence.
3. MZR expressly reserves the right to change, extend, limit or completely discontinue its offer or the associated services at any time. In particular, the system can be temporarily shut down due to maintenance work or version transitions, without the user being entitled to any claims against MZR.
§ 10 Termination
1 The member can terminate the user contract at any time, without giving reasons, by sending a notice of termination by e-mail to [email protected]
2 MZR is entitled to terminate the user contract at any time with a notice period of 14 days to the end of the month. The right to block as well as the rights of MZR described in the catalogue of measures remain unaffected by this.
§ 11 Consequences of a termination or final blocking
1) With the termination or final blocking of a member, the nickname, the user profile and the personal data stored under it are deleted. Ratings and other content that the Member has entered into the sexbroker.io system lose their reference to the Member, but remain in the system as part of the sexbroker.io offer.
§ 12 Assumption of contract by third parties
1 MZR is entitled (with a notice period of four weeks) to transfer its rights and obligations from this contractual relationship in whole or in part to a third party. In this case, the member is entitled to terminate the contract of use after notification of the acceptance of the contract by e-mail to [email protected]
§ 13 Review of content and abuse reporting procedures
In order to guarantee maximum security and to safeguard the patent, copyright, trademark and personal rights of third parties, MZR is entitled, but not obliged, to check the compatibility of the content provided with the applicable legal provisions, these GTC and its own guidelines and principles and, if necessary, to modify or completely delete this content.
2. since abuses often attract the attention of users and members most quickly, MZR is also dependent on the attention and willingness to communicate of its members and users. With the help of the abuse reporting procedure set up for this purpose, it is to be made possible for members or other affected parties to draw attention to acts of abuse, in particular violations of these General Terms and Conditions as well as violations of patent, copyright, trademark and personal rights. After gaining appropriate knowledge and own examination of the reported facts, MZR strives to remove illegal, inadmissible or abusive contents within a reasonable time. MZR reserves the right to initiate legal steps in case of abuse, also in case of abuse of the abuse notification procedure.
§ 14 Information on data protection
§ 15 Copyrights and industrial property rights
1. content to which a third party is entitled to copyright may not be forwarded, distributed or incorporated into the sexbroker.io system without the prior express consent of this party. In this respect, the member undertakes to indemnify MZR from any claims of third parties which have arisen as a result of an infringement of the copyright provisions through the conduct of the member.
By posting content, the member assures that he/she has all rights to publish and exploit the content. The member grants MZR the temporally and spatially unlimited rights required for the regular worldwide operation of the sexbroker.io system to reproduce, change, distribute and publish all content that the member makes available or distributes in the sexbroker.io system. At the same time MZR is granted the right to present and distribute the contribution permanently on the pages of MZR as well as on the pages of the respective cooperation partners for certain services. In addition, by entering the contents, the member transfers to MZR the free, temporally and spatially unrestricted right to reproduce, transfer, make publicly accessible and present, edit, quote, integrate into collections and distribute as well as publish on other platforms the contents as well as excerpts thereof, while preserving the author's personal right and the personal right. In addition, the Member permits all users and Members at least the non-commercial use of such Content.
3. the contents on sexbroker.io are also subject to industrial and copyright protection. in particular, the ratings, reports, databases, graphics, logos, symbols and images are protected. The users and members of sexbroker.io undertake to respect these copyrights and other industrial property rights of MZR.
The users and members of sexbroker.io are informed that the layout of the websites, their contents, but also the present general terms and conditions, data protection declarations and guidelines are protected and can only be reproduced, used, revised or used in other websites or other media with the prior written consent of MZR.
§ 16 Links to third party websites and disclaimer for third party websites
1 MZR endeavours from the outset to publish links (so-called links or banners) on its own website only to legal contents. However, a complete and permanent review of the contents and links of other providers is technically not possible. MZR therefore dissociates itself from the content of all direct or indirect links to other websites introduced by MZR or its members and users. For the contents of these web pages and for injuries of patent, copyright, brand or personality rights, which take place on these sides, their respective offerers are responsible.
2 MZR does not act as a representative, vicarious agent or broker in contracts concluded by its users and members with linked websites.
§ 17 Liability
1. the service sexbroker.io offered by MZR and the services and contents serve exclusively for entertainment purposes and shall neither represent a professional consultation or provision of information nor in any way replace it. Reviews and recommendations published by members are subjective opinions of members and in no way reflect the opinion of MZR, nor are they attributable to MZR. Ratings, recommendations or other tips of the members do not represent for this reason also any purchase, contracting, contact or other recommendation or information of MZR, but exclusively a subjective opinion of the respective member.
MZR assumes no guarantee or liability for the contents generated by members and for the impression created by the entire contents of all members. Any kind of utilization or use of the contents is therefore exclusively at your own risk. The contents mentioned can only be evaluated as subjective, private, unprofessional recommendation or information and should not be understood as a basis for business when concluding contracts, but at most as an indication of the quality and reliability of the respective providers. MZR is also not liable for the overall impression resulting from the interaction of the individual evaluations and recommendations and the material or immaterial damage attributable to such an overall impression.
2 MZR is not liable for legal violations, loss of data or other damages of members or third persons, which are to be led back on the behavior of its members or users. The users and members of sexbroker.io are exclusively responsible for their user profiles and for the content they post, send or modify. MZR assumes no liability for loss of data, damages or infringements of rights which can be traced back to negligent or careless handling of the access data of the user profiles.
3. MZR is not liable for data losses, access difficulties and damages which are due to improper use of the user profiles by the members or due to system errors, system failures which are attributable to force majeure or external influences (hacker attacks, system failures due to spam attacks) and which are not attributable to employees or vicarious agents of MZR.
4 Despite extensive efforts to keep the own system free from external viruses, worms and other causes of damage, MZR cannot guarantee that the system is free of errors and viruses. MZR can also not guarantee a trouble-free availability of its system. In particular, MZR shall not be liable for failures and damage to computer systems caused by force majeure, external influences or a failure or malfunction of gateways, networks, providers or host servers.
5. version transitions as well as major maintenance, extension or overhaul work are generally announced in advance by MZR in order to give the members the opportunity to protect themselves against possible data losses through anticipated data backup. The liability for data loss is in any case limited by the typical recovery effort. This is measured according to the damage that would have occurred if reasonable security measures had been taken (e.g. making backup copies).
6 In the case of contractual and non-contractual claims, MZR shall be liable for intentional or grossly negligent breaches of duty by its active organs, employees or vicarious agents.
MZR shall only be liable for slight negligence in the event of injury to life, body or health as well as in the event of violation of an essential contractual obligation of MZR. In this case the liability of MZR is limited to the amount of the typically foreseeable damage at the time of conclusion of the contract. The objection of contributory negligence of the user or member remains unaffected for MZR.
7 The liability according to the product liability law remains unaffected.
§ 18 Indemnification
The users and members indemnify MZR and its employees from any liability and all claims or costs, which they have incurred from legal violations or from actions of other members or users of sexbroker.io which are inadmissible in the sense of these GTC. In particular, you release MZR from liability for infringements of its patent, copyright, trademark or personal rights through statements, evaluations, pictures or photos of other members that have been made accessible to you in the sexbroker.io system or in any other way.
Each member indemnifies MZR and its employees from any liability and all claims and costs asserted by other members or third parties against MZR due to an infringing or abusive behaviour of the member within the framework of the sexbroker.io system.
3. the members and users take over the costs of the necessary legal defence of MZR, including all court and lawyer's fees, in the mentioned cases of the release. This does not apply if the members or users are not responsible for the infringement. MZR reserves the right to defend against the aforementioned claims. Members and users of sexbroker.io commit themselves to forward all defense-relevant information available to them to MZR.
§ 19 Amendment of the General Terms and Conditions of Business
1 MZR reserves the right to change or amend these GTC at any time without giving reasons. In case of substantial changes or amendments of the GTC, the members will be informed immediately by e-mail about the new changed passages of the GTC and requested to give their consent within two weeks. If the member does not object to the amended GTC within two weeks of receipt, these shall be deemed accepted. The member will be informed of the significance of the expiry of the two-week period in the e-mail mentioned.
§ 20 Final provisions
1. the existing and all legal relationships arising in connection therewith shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.
2. for users and members who are merchants or who for other reasons can make an agreement on the place of jurisdiction, the place of jurisdiction shall be Nuremberg.
§ 21 Authorized representatives
1. sexbroker.io is listed under imprint.
Status of the TOS: Feb 2019