Terms of service
General terms and conditions to use "LobbyX"
- § 1 General regulations
- (1) The enterprise 2i-Productions GmbH, Dr. Hermann-Neubauer-Ring 32, 63500 Seligenstadt, registered in the commercial register of Offenbach a.M., HRB 41642 ( in the following marked as Ñprovider"), represented by director Markus Pintaske, is offering all interested adult parties (in the following marked as Ñuserì), within the limits of a service contract, the possibility to use the contact panel at our operating online-platform LobbyX.com (in the following marked as "LobbyX") as per the regulations of these terms of use.
- (2) These terms of use are containing the claimed terms between the Ñproviderì and the Ñuserì, which are offered by the Ñcontractorì within this service contract. Deviant regulations may only be applicable, if the same are confirmed in writing by the Ñproviderì. Together with the administration as per § 3, the user is definitely accepting these terms of use.
- (3)In case of any changes of these terms of use, the user will be advised in writing, via fax or via phone. Should the user not disagree to these changes within four weeks upon receipt, the amendments may apply. Should there be any changes of the terms of use; the user will be separately advised on the right of objection and the legal consequence of hush.
- § 2 Performances of the platform operator
- (1) LobbyX is a platform for provider ñ especially service provider-, tele service provider, purchasing agents and vendors within the entertainment and eroticism sector. In order to simplify the communication between users, LobbyX is offering an integrated, automated messaging system.
- (2) After the user registered, the assignment of the platform operator is to guarantee the usage of LobbyX. The registration is guaranteeing the communication possibilities beyond the various users.
- § 3 Administration and access to LobbyX
- (1) The requirement for using LobbyX is the administration via the provider. LobbyX may only be used by adult persons with an operative email address. There is no claim for an administration or access to LobbyX. (2) The user is obliged to indicate his/her true name and company details with the approval application. The user is bound to communicate any changes of the given dates immediately to the provider.
- (3) The user will be held responsible, that the given dates to the provider as well as to others are true and complete, especially within the application for administration as per §2. He is bound to communicate all future chances immediately to the provider.
As per § 13 Abs. 6 TMG the user will be advised, that the provider enables the usage and payment of tele media either anonymous or under a pseudonym, as long as the same is technically possible and reasonable. This is the reason why the user may utilize a pseudonym instead of his real name.
- (4) With his application, the user is assuring that this application is his only registration at ÑLobbyXì. The setup of several profiles is forbidden.
- (5) In addition to that, the user assures with his application, that he did not receive a dismissal from the provider within the last six months.
- (6) Apart from that, the user assures that he is of full age.
- (7) The acceptance of the application will be given via an access confirmation online or via email.
- (8) With the acceptance of the application, a general service contract, which is free of charge, receives formal approval between the provider and the certain user upon these terms of use.
- (9) Should there be any probable cause of disgarding these terms of use, the provider is entitled to deprive the user of the administration or to block the access to LobbyX- even without advance notice. The user may call off these measurements by clearing the suspicion and proving the opposite on his own costs.
- (10) The user may add services provided by him totally or in pieces to a registered member address or password at any time, without any special reasons.
- (11) The provider reserves the right to change the login as well as the password of the user. It goes without saying, that the user would be informed about this measurement immediately.
- (12) The provider reserves the right to amend or extend the content and the structure of the platform, as well as to amend or extend the users interface. Apart from that, the contractor reserves the right to provide certain services only against a certain charge.
- § 4 Commitment of the platform operator
- (1) The provider is unlimited liable for intention and gross carelessness and slight faults should there are any basic contract issues disregarded. The liability of such a basic contract issue is limited to the contract coherent loss, which the provider had to face, due to the circumstances, at the time of the conclusion of the contract.
- (2)The provider will not be held liable in case of any uncaused interferences within the mains.
- (3) For any loss of data, the provider will only be held liable, if the loss would have not been avoidable with the appropriate data back-up measurements via the user.
- (4)The liability will not be applicable in case of vitiations on not conventionary use of the performances of the provider on LobbyX, which are caused by the user through an incorrect or faulty use.
- (5) The named limitations of liability are also applicable for the auxiliary persons of the provider.
- (6) Should there be a possibility to forward data bases, web-sites, services and so on from LobbyX to a third party, maybe through approaches of links or hyperlinks, the contractor is neither liable for access ability, existence or security of these data bases or services nor for the content of the same. In particular the provider is not liable for the legality, content correctness, completeness and up-to-dateness, etc.
- (7) The provider cannot guarantee the true identity and the power of disposal of the user. Should there be any doubts, both parties are asked to inform themselves about the true identity and the power of disposal of the other party.
- § 5 Impurities, viruses, intellectual property rights
- (1)It is forbidden, that users are placing contents (for example via links or frames)on LobbyX, which are against legal regulations or official orders. Apart from that, it is prohibited to distribute contents, which are violating rights, especially creator- or trademark rights of a third party.
- (2) The provider may never adopt foreign contents.
- (3) The provider reserves the right to delete any users content, even without giving notice to the user. The named is especially applicable, if the contents are criminal, a preparation to an illegal action is cognizable or if they are against the general terms and conditions.
- (4)The user is going to indemnify the provider from any pretensions, which a third party could raise against the provider because of any infringement of their rights or because of deliberate infringements with regards to the offer or contents of the user. Apart from that, the user is taking over all expenses of defending attorney of the provider together with all court and legal fees.
- (5) The internet portal ÑLobbyXì together with all text and graphic elements and the coding as well as the used logos are copyrighted. Duplication, publication, replication, transfer, circulation and business application in any form are prohibited.
- (6) Together with the participation on the offered exchange of data at the internet portal ÑLobbyXì, the user is assigning an irrevocable and indefinite right to the provider with regards to the absolute use of the offered contents, especially the right to duplication, publication, development, storage and publication in electronic media and data bases.
- § 6 Additional responsibilities of the user
- (1) The user has the responsibility to give full, complete and true information on his profile and to amend or update the same in case of any changes.
- (2) The user has to indicate and keep a functional email address.
- (3) The user is forced to treat other user with respect and fair. He is avoiding especially indignity, threat, discrimination etc.
- (4) The misuse of the portal in any way, especially for political and criminal reasons, is strictly forbidden. Irrespective of the content, misuse through sending chain letters, mail bombings or spamming are strictly prohibited. Any violation will be traced by civil law and prosecuted. (There might be claims for indemnifications and criminal complaints with any violations)
- (5) The user is obliged to assist with clarifications of offenses from the third party at the internet platform ÑLobbyXì, should there be a need for his assistance.
- (6) The user is obliged to avoid any measurements, which might jeopardize or disturb the functionality of the internet platform ÑLobbyXì. Apart from that, the user may not access data, to which he is not authorized. In addition to that, he has to guarantee that his transferred data via LobbyX and his placed information are not afflicted with viruses, worms or trojan horses. The user is committed to replace any damages to the provider, which are a result of nonobservance of the duty and apart from that to release the contractor from any claims of a third party, inclusive the legal and court fees, which they are claiming due to the nonobservance of the duty through the user against the contractor.
- (7) The user is obliged to communicate any technical changes in his area immediately to the contractor, when they might affect the value performance or the security on ÑLobbyXì.
- (8) Apart from that, the user is obliged to install and maintain the necessary data security measures during the whole contract duration. This means in general especially the accurate and faithful handling of logins and passwords. All logins are individualized and may only be used by the entitled user. The user is obliged to keep login and password secret and to secure from access through a third party. Should there be a suspicion through a third party; the user will be informed through the provider immediately. As soon as the provider gets the information of an unauthorized use, the provider will block the access of the unauthorized user.
- § 7 Data security and data protection statement
- (1)The server of the provider is state-of-the-art, especially secured through fire walls. Nevertheless, the user is aware, that the transferred data might be monitored in transmission paths. The same is not only applicable for the exchange of data through email, which are exiting the system, but also for the integrated message system and any other data transfer. The confidentiality of data, which is transferred while using LobbyX, can therefore not be guaranteed.
- (2) The provider is entitled to amend and save the data, received from the user within the contract period and with the aspect of the data protection statement. This means, that the user agrees, that
- a) Data, given from the user at the approval application, of business dates, billing data and contact person as well as any changes given from the user will be saved and amended.
- b) LobbyX is automatically saving and storing data, which was given by the user, for other registered and non-registered user;
- c) personalized dates, which were used during various transactions, will be saved and forwarded to other, registered or not registered, user, within the official area of LobbyX should the concerned user wish the same through the choice of an official transaction ;
- d) not personalized data will be saved via the content of transactions, forwarded to other users and ñ should the concerned user wish the same through the choice of an official transaction- shown in the official area of LobbyX for other registered and not registered user.
- (3) With regards to other, not named, assignments of personalized data, the special approval of the user is needed. The user has the right to revoke his given agreement as per section 3 anytime, as soon as he agreed to the use of his personalized data.
- (4)The provider will keep all information about the user, which were marked as confidential, in confidence and use the same only with the proviso that is shown in this terms and conditions. The provider reserves the right to diverge from the above mentioned, should there be a legal or magisterial instruction to disclose data of the user.
- (5) Together with the administration as per § 3 section 2, the user takes on the warranty adverse the contractor and all other users, that users are meeting the data protection regulations with regards to the transferred and is releasing the provider from any requirements, even governed by public law. The user has to make sure, that he received the approvals of associates before he is giving personalized data of the same to the platform.
- § 8 Assignment and charging
- (1) A partial or complete assignment of the users right from the contract to a third party is not possible.
- (2) The user is only entitled to charge against the provider through undisputable or legal counter claims.
- § 9 Contract period
- (1) The contract, which is underlying this general terms and conditions, is closed undetermined. It begins with the admittance of the provider as per § 2 section 2. li>
- (2) The contract may be recalled through both parties at anytime.
- (3) The recall of the provider will be carried out through a block of the account or an email. The recall through the user will be carried out online through deregistration.
- §10 Final clauses
- (1) The legal rights of Germany is applicable, apart from the UN-sales law. Legal venue for all litigation is the domicile of the provider. The provider is entitled to claim at the general venue of the user.
- (2)Should several requirements of this terms and conditions be invalid or disagree with the legal requirements, the effectivity of the terms in conditions in general are not affected. The invalid requirement will be replaced by the contract parties through a requirement, which is in a legal way close to the original requirement. The mentioned regulation is equivalent applicable with gaps of requirements.
