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General terms and conditions (GTC) for Webmaster
§1. Scope of Application / General Information
Camworld.tv (hereafter referred to us provider) provides the technical pre-conditions for a platform on the internet on which interesting performers (hereafter referred to us webmaster) can show their performances to potential visitors on websites/domains of their own by picture transmission and chat.
The provider or affiliated partners connected to the provider render their services exclusively on the basis of these general terms and conditions. General terms and conditions different from the ones used by the provider shall not apply. By using the sites of the provider, the webmaster accepts the scope of application of these general terms and conditions. When registering on the internet portal(s) provided by the provider, these general terms and conditions are particularly pointed out to the webmaster. The provider reserves the right to modify these general terms and conditions and adjust them to the developments of the internet. Providing new services is subject to the regulations stipulated in these general terms and conditions.
§2. Data Protection
On the basis of the (German) “Bundesdatenschutzgesetz, BDSG,” (Federal Data Protection Act), the (German) “Telekommunikaionsgesetz” (Telecommunications Act,TA,) and the (German) “Telemediengesetz” (Telemedia Act), the webmaster undertakes that all personal data collected during registration are processed and transmitted exclusively for performing the relevant services and for accounting purposes.
This shall include inventory data, user figures and accounting data. The providor uses the following data for the settlement of the webmasters:
IP number of the webmaster, access data of the webmaster as well as the day and the duration of the connection with the system.
Thus the provider shall not be liable for examining legality of the services and performances offered or used by the webmaster or the contents of the communication. The collection or procession of personal data beyond the extend mentioned hereabove requires his approval. Data are kept only as long as required by this agreement and in accordance with the relevant applicable law. The webmaster shall always be authorized to receive information on the data saved.
The provider tells the webmaster expressly that data protection for data transmission on open networks such as the Internet cannot be completely guaranteed with the state of the art technology.
§3. Registration and Participation Preconditions
Using the offer and the sites of the provider requires proper registration. Registration and using the offer and sites of the provider is only possible for persons with a minimum age of 18 and who are of full legal capacity. Upon the webmaster’s registration, all information shall be accurate and complete and if necessary he shall update these data. Obsolete, incomplete, untrue or inaccurate data provided by the webmastere shall entitle the provider to terminate the agreement with immediate effect and without giving notice, and/or temporarily or continiuously block the webmaster’s access to the system and suspend his services in whole or in part.
The webmaster shall at all times protect the sites of the webserver as well as -under certain circumstances- other data saved by himself such as his user name, password, photo material, online access or other ways of access with the telecommunication of the webmaster from any third party gaining unauthorized knowledge thereof, particularly from minors or people in need of protection. The webmaster is fully liable for using the sites and offers offered by the provider which require logins and passwords. The webmaster shall immediately inform the provider about the loss of identification data or about third parties’ gaining aunauthoritzed knowledge thereof.
The webmaster shall fully provide for the security of the data transmitted on the internet and saved on the webserver. The webmaster agrees to cooperate during registration, modification, suspension or deletion of his registration as needed and to execute the necessary declarations of intention, if necessary.
§4 Performance of the provider
The provider has developed a system for interactive communication in digital networks by means of which internet users can get into contact with senders, webmaster and user by direct picture transmision. This system is accessible at the URL Camworld.tv. The webmaster is aware of the fact that the provider may have registered further domains on which the system can be used, too. Additionally, the system can be provided to partner programmes. The webmaster agrees that services offered by him can also be offered on other platforms.
The provider’s system enables the webmaster to present the services offered by the provider to potential interested parties which can get into contact with the sender via chat or phone. The provider makes only the plattform for the contact between the sender and the interested parties, webmaster available and provides supporting services such as technical support as well as billing and encashment to the sender, webmaster. The provider collects the amounts produced by the webmaster and pays these to the webmaster after deduction of the commission.
It’s at the provider’s discretion to make further offers and links available to the visitors for the purpose of increasing attractiveness. The webmaster shall not be entitled to a certain extent, a certain design or to certain contents of this offer.
The webmaster’s right to use the platform-related software is subject to § 5 of these general terms and conditions.
§5 Software / Intellectual Property Rights
The provider grants to the webmaster the right to use this platform-related software which shall be free of charge, simple, non-exclusive, non-transferrable, non-licensable and limited to the period of this agreement . The licence entitles the webmaster to install the software on one single PC and to use it for performances, services and chats on the platform in accordance with the regulations. The simple right of use is only granted if -upon registration- the webmaster’s data be complete and accurate and if he accept the rules and regulations of these general terms and conditions. The webmaster shall not be autohorized to copy the software or make it accessible to third parties; or lend or rent the software or rights hereof to third parties; or convey it in any other form to third parties; or modify or translate the software; or operate so-called Reverse Engineering; or decompile or disassemble the software; or produce any other derivates based on the software.
Intellectual property rights as well as any other property rights to use the software remain with the provider. The webmaster shall not be entitled to receive or gain knowledge of the source code of the software provided to him. People or companies which are in competition with the provider or his products or services are not authoritzed to use the software.
In case there is evidence of an infringement, a contractual penalty amounting to 5,000 euros for each case shall become due and payable. The right of asserting further claims is expressly reserved.
§6 Rights and obligations of the webmaster
It’s up to the webmaster to provide for the hardware and software necessary for Internet access on his own account. He provides the service from his own location which can be in Spain or abroad and he shall be obliged to comply with the relevant legal regulations in Germany or those of his own location abroad. The agreement on performance is closed only between sender, webmaster and the relevant interested party. Accordingly, the latter shall be solely responsible for the billing the webmaster. The provider, however, is not responsible for examining the legality of the services offered by the webmaster.
If due to the involvement of the webmaster properietary rights of use, industrial property rights, personal rights or any orther rights have been, and continue to be, created, he shall irrevocably grant the provider all exclusive and transferable rights of use at the time of their creation so that he might use them comprehensively and worldwide without any limitation with regard to time, content or place, or he shall transfer all industrial property rights (including claims for remuneration, if assignable) even for unknown types of use. Assignment of rights particularly includes the following exclusive and transferrable copyrights, industrial property rights as well as any other rights:
Broadcasting right, databank and telecommunications right, online rights and entitle on demand, video broadcasting rights, production and distribution right, advertising, promotion and clipping right. The use on videos, CD-Roms, TV, Internet and print media.
The webmaster works on his own authority as freelancer of the provider. The webmaster shall pay taxes on his income. The provider pays attention to the webmaster’s compliance with the statutory regulations. Consequently, the webmaster shall be obliged to refrain from distributing, offering or demanding contents which are of illegal nature such as illegal pornography via or on the provider’s system.
The webmaster is specially obligated to do the following
a) not to spread or offe sexual relations with children or animals and/or performances which glorify violence;
b) not do any harm to minors;
c) not to pretend to be the representative, administrator or any other person responsible for these minors when using these services;
d) not to collect, save or distribute personal data of visitors or senders,
f) not hack, damage or interrup the services or the servers connected to these services, networks
g) to comply with rules and regulations of networks connecected to the service;
h) not to harass, threaten, slander, hassle or abash visitors or other senders;
i) not to copy, manifold, counterfeitor sell services, contents or parts of the services;
j) not to use the services of the provider for commercial purposes if not explicitly granted by the provider;
k) not to take any advertising measures. This particularly concerns the canvassing of senders or visitors of the provider for own or third parties’ offers. This shall not apply to advertising measures of the webmaster for his own activity as webmaster of the provider;
l) not to lure other senders and/or visitors away. The webmaster shall be obliged to refrain from naming or writing private or commercial e-mail addresses, phone numbers, service numbers of each kind or domain addresses by phone, e-mail or chat to visitors of the provider;
In case of one or several infringements against the a.m. rules and regulations, the provider shall be entitled to terminate the agreement without notice. Existing credit may be kept. If there is evidence of an infringement, a penalty fee amounting to 5,000 euros for each individual case becomes due and shall be payable. The right of asserting further claims is expressly reserved.
Upon first request the webmaster will indemnify the provider from and against any and all third party claims which are raised due to contents of illegal or immoral nature made available by the webmaster on the sites of the provider.
Should the webmaster have been equipped with hardware for providing his services, this equipment shall remain with the webmaster on a loan basis for the duration of the agreement. Upon termination, it has to be handed over to the provider. The equipment handed over to the webmaster shall only be used for the provider’s services. The webmaster shall not privately use or manipulate the soft- or hardware. In case of technical problems, the provider has to be immediately notified.
§7 General settlement of the services rendered by the webmaster
In case payment has been made by debit entry, credit card or telecommunication, the webmaster receives a share of the commission amounting to the executed duration of contract between webmaster, sender and visitor. The webmaster is only entitled to receive payment of his commission share, if visitors make payments to the provider. In case of a shortfall in payment, no payment is made to the webmaster.
The provider needs to present documents certifying the shortfall of payment. The regulations on accounting procedures can be modified in compliance with § 13 of these general terms and conditions.
§8 Settlement of the webmaster’s telecommunications services
For settlement, webmasters can make use of a telecommunication service in different countries which enables visitors to get into contact liable
to a fee with the senders. The service for the functionality is guaranteed via service numbers. The examination of the services is provided by a webstate service which is made available to the webmaster by the provider. The system keeps the data of the current month as well as those of the previous months for an arbitrary period.
The provider draws up the accounts for the services rendered once a month. The accounts are solely drawn up on the basis of the data collect by the provider. Data collected by the webmaster itself are by no means a basis for the settlement of the commission share payable to the webmaster. The webmaster is obliged to promptly print the accounting data that can be seen in his internal account. There is not transmitting of accounting data by mail or by e-mail. The provider is entitled to fully or partially suspend payment if preliminary investigation is initiated by the police or by the public prosecution against the webmaster or third parties in connection with the contractual relationship between webmaster, visitor and provider. The webmaster is obliged to immediately notify the provider about the initiation of preliminary investigation against him as well as the abatement of action. If there is reasonable suspicion that the webmaster has generated call volumes by breaking the statutatory regulations or this contract, the provider shall be authorized to retain the business volumes resulting hereof. Wrongly made payments to the webmaster are deducted with subsequent payments.
Commissions of the webmaster are accounted approximately 2 weeks after the acquisition period. Settlement is executed by bank transfer, with the minimum amount to be paid out 5 euros.
Bank transfer / other payments are usually made one week after accounting. Should there be a delay in payment due to Deutsche Telekom or any other telecommunication service providers, payments to be made are accordingly postponed.
The webmaster shall raise objections against the accounts within a period of 4 weeks after they have been drawn up. Upon the webmaster’s objections, the provider shall check the invoices/credits compiled.
§9 Particular obligations of the webmaster for telecommunications services
The webmaster is obliged to comply with the conditions of the rules for structuring the national number space for the added value digital services adopted by the Federal Network Agency and the latest standard code of conduct of the German association “Freiwilligen Selbstkontrolle für Telefonmehrwertdienste e.V. (FST)”.
As per §7 para 1 of the (German) Telemediengesetz (Telemedia Act) the webmaster is exclusively responsible for the content of his services. As per §§8, 10 of the German Telemedia Act, the provider shall not be liable for the contents of the sender’s sites.
The webmaster shall comply with all legal norms referring to the rendering of added value services If the webmaster breaks one of the statutorily defined obligations and if any claims are brought up against the provider by third parties, including public authorities, for damages, ommission or any other cause, the webaster indemnifies the provider againt liability inter se.
The webmaster is obliged to use the service numbers as agreed by contract exclusively for his own purposes. Relaying of any personal identifying information to third parties for further use is only authoritzed after prior written consent of the provider.
§10 Taxes of the webmaster
The webmaster is liable for the payment of taxes for the amounts produced. Payment of VAT will only be executed upon presentation of a valid trade license or a tax registration number confirmed by the relevant fiscal authorities or by a tax adviser.
If the webmaster or his company are located not in Spain or if no valid tax registration number has been provided, no VAT shall be paid. In case of a subsequent presentation of the trade license/ tax registration number, the VAT for commissions already paid cannot be retroactively paid out. The webmaster is obliged to notify the provider immediately about the deregistration of his business.
Using the provider’s services takes place on the webmaster’s own risk.
The provider is not liable for damages caused by downloading the software provided or any other contents of the Internet or due to any other transactions in connection with the services of the webmaster.
Independantly of the legal basis, the provider is liable only for damages caused deliberately or due to gross negligence. Furthermore, the provider shall be liable for any damages caused by a simple negligence of an essential primary obligation or by the lack of warranted characteristics. Liability for simple negligence is excluded. The provider is not liable for senders registered to the server, subordinate webmaster of the webmaster.
Liability according to the (German) Produkthaftungsgesetz (Product Liability Act) remains unaffacted. The provider cannot be held liable for the functionality and the proper use of the communication channels of the Internet or of any other communications channel. Liability for damage caused by a telecommunications structure provided by third parties is excluded.
The provider cannot be held liable for the behaviour of visitors, other senders, webmasters, any third parties or for the contents or explanations spreaded by visitors, senders, webmasters or any other third parties under performing these services.
The provider does not accept any liability for the creditworthiness of the visitors. The provider is entitled to assert the right of retention for materials distributed by the provider until all outstanding invoices of the provider or of his contractual partners arising from the business relationship have been settled.
§12 Term of Agreement and Termination
The provider is not obliged to accept new registrations of the webmaster. Unless otherwise agreed upon, agreement shall be concluded for an indefinite period. Both parties can hand in a written termination without observing the relevant periods of notice. The termination does not require giving reasons. Notice of termination shall be made in written form (mail, fax) or by e-mail.
The right of immediate termination for good cause shall be unaffected. Specially, grounds for termination without notice by the company exist when the webmaster is not of legal age or when he grants underage persons access to the system, when the webmaster offers illegal performences, particularly child pornography or bestiality, or when the provider stops operating for economic reasons.
After termination of the agreement, the webmaster is obliged to hand over all materials made available to him by the provider and to delete all copies potentially produced. After termination of the agreement, the webmaster shall be not be authorized to offer services in the provider’s name anymore.
It’s at the provider’s discretion on how to design the contents of his services as well as how to name the plattform operated by him. He can
modify, reorganize or suspend certain or all services at each time. The provider can terminate the agreement in whole or as a part in accordance with §14 hereof and can offer the conclusion of a new agreement if requested. The webmasters are in advance informed on modifications etc. in an appropriate period.
The provider is entitled to modify or amend these general terms and conditions at each time for the future. Possible modifications and amendments of these general terms and conditions are partiuclarly pointed out to the webmaster. The general terms and conditions modified or amended shall only apply if the webmaster uses the sites of the provider again after receipf of these information and after giving his consent either by clicking on the box or by declaring in any other way that he accepts the general terms and conditions modified. If the webmaster does not accept the general terms and conditions, the provider shall be entitled to terminate the agreement without notice.
§14 Final Clause and Place of Jurisdiction
These terms and conditions shall be governed by the law of Spain.
Place of jurisdiction for all disputes arising from these general terms and conditions -in as much as legally permissible- is the place of the provider’s business location. The provider can also file a suit against the webmaster on the webmaster’s domicile and business location.
Ifo one or more provisions of this contract are invalid or impracticable, it does not affect the validity and the practicaility of the other terms and conditions. The parties have to work together to replace the invalid and impracticable provisions by those which match the commercial aims of the party with the invalid and impracticable provisions best.
The above shall apply accordingly to the closing of any gaps in the agreement. The failure of the provider to exercise or enforce any right or provision of the General terms and conditions shall not constitute a waiver of such right or provision. Any subsidiary agreement, alteration and supplment to these general terms and conditions shall be valid only if confirmed in writing..
As at 2021 Tuineje, España