General Terms and Conditions
The following General Terms and Conditions shall govern the contractual relationship between HQ Entertainment Network GmbH & Co. KG, their tele-media services and users (hereinafter referred to as: users). The aforementioned defines the conditions for the use of the services provided by HQ Entertainment Network GmbH & Co. KG.
The portal is a service offer (hereinafter referred to as “service“ or “offer“) provided by HQ Entertainment Network GmbH & Co. KG
Fenzlgasse 1/12
1150 Vienna
Austria.
The services may be utilised by desk top equipment (PCs), mobile devices, such as smartphones and tablets, as well as internet-ready TVs. The services include contact options to actual like-minded women, couples and men potentially seeking new partners. The service also offers a myriad of options, such as communicating, flirting and even potentially meeting another user in person, as well as numerous other portal functions such as communicating with the real-life profile of a user, as well as profiles created and managed by the HQ Entertainment Network GmbH & Co. KG (hereinafter referred to as Cupid User). The Cupid users can experience virtual and erotic fantasies exclusively; real-life dates are not supported (see section 5 of the General Entertainment Guidelines).The communication with Cupid users is subject to charges and offers various options to converse and enjoy each other. Actual meetings and dates are only possible between actual users. Our world of entertainment is constantly expanding and we highly appreciate suggestions and feedback in our community, which will help us to expand our offers and design an even more attractive program.
I. Contract Objective; Scope of Services
1. HQ Entertainment Network GmbH & Co. KG will grant the users access to a centralised database. Diverse domains associated with HQ Entertainment Network GmbH & Co. KG can be accessed. The database contains the profiles and information of other users. The users have an option to search for other user profiles after creating a profile of their own. The users can view the other profiles and contact the respective owners of the aforementioned.
In addition, as part of the access to the database system HQ Entertainment Network GmbH & Co. KG provides the ability to access data (for example webcam chats) from selected users and webcam cast members. Content, type and duration of the provided and transferred data material of the actor is solely responsibility of the actor himself.
2. In addition to this portal, HQ Entertainment Network GmbH & Co. KG also operates other portals under different names and domains. HQ Entertainment Network GmbH & Co. KG enables the user to access the user profiles of the other portals to ensure a broad-range availability of profiles for their customers. Registering on this portal includes publishing the user profile on the other HQ Entertainment Network GmbH & Co. KG portals as well.
3. The services offered by HQ Entertainment Network GmbH & Co. KG are available for personal use exclusively and may not be used for commercial or business purposes. With this registration, the user agrees to use this portal explicitly for personal purposes.
4. HQ Entertainment Network GmbH & Co. KG provides free services, as well as services subject to charge. This free registration allows the user to create a profile, view the profiles of other users, as well as read messages sent by other users. In addition to the free services offered, users registering for additional payable services will be able to contact other users and send messages.
The services subject to charges may be obtained for diverse time periods. The user will be advised of the charges, contents and scope, as well as the price and payment conditions prior to services being provided and activated. The user shall agree to the cost by rendering payment based on the instructions provided by HQ Entertainment Network GmbH & Co. KG . The services will be activated upon receipt of payment.
5. HQ Entertainment Network GmbH & Co. KG guarantees a service availability of 99.5 % per annual average. Occasional failures or interruption of HQ Entertainment Network GmbH & Co. KG services due to circumstances beyond the provider’s control, such as higher powers or technical changes (maintenance, interruptions for offline backups, software updates) may occur. HQ Entertainment Network GmbH & Co. KG will take all feasible measures to guarantee uninterrupted service provision.
6. HQ Entertainment Network GmbH & Co. KG reserves the right to amend the service description if the amendment is based on statutory or official rules, or if adaption to technical advancement should become necessary, provided the changes do not deviate significantly from the original services offered and the user does not suffer any disadvantages.
HQ Entertainment Network GmbH & Co. KG will notify the user of such changes two weeks prior to implementation. The user is entitled to object within this timeframe. If the user does not object within this timeframe, the amended service descriptions shall become valid effective the day the notification period expires.
7. HQ Entertainment Network GmbH & Co. KG may commission external service providers. This particularly includes payment providers, content providers, newsletter mailing services and collection agencies. External service providers, commissioned by HQ Entertainment Network GmbH & Co. KG to provide services are not considered third parties with regard to these General Conditions.
II. Contract Execution
1. Individuals under the age of 18, as well as such acting on behalf of a third party are excluded from utilising the services provided by HQ Entertainment Network GmbH & Co. KG.
If HQ Entertainment Network GmbH & Co. KG justifiably suspects that an individual is not authorised to use the services, HQ Entertainment Network GmbH & Co. KG is entitled to verify the individual’s identity by requesting official documents. Unauthorised users will be excluded from using the database.
2. Database access and access to services offered by HQ Entertainment Network GmbH & Co. KG will be activated after the registration process is concluded. The user must select and create a password and pseudonym during the registration process. Registering for services requires a valid e-mail address and completing the registration page. Registration is concluded upon a confirmation e-mail sent to the user. For additional security purposes the user may be required to access a link sent to the email-address provided by the user by HQ Entertainment Network GmbH & Co. KG to confirm the registration process (Double-Opt-In).
By completing the registration process, the user agrees to these General Business Conditions. This constitutes a free contractual relationship between the user and HQ Entertainment Network GmbH & Co. KG.
3. HQ Entertainment Network GmbH & Co. KG offers various services (premium membership) subject to charges in addition to the free services. If the user opts to utilise these services he must enter a separate contractual agreement.
The present General Business Conditions shall apply for the aforementioned contractual agreement as well. The user will be advised of the contents, duration, price, terms and payment methods/conditions for the payable contractual agreement. The contract shall be deemed valid if the user selects the payable services on the corresponding portal and accepts the terms by clicking on the “order” button (hereinafter: order process).
In addition to the premium membership, the user may select a certain amount in form of credits on his account during the ordering process. This credit is managed as so called coins. The user may apply these coins when selecting a specific service. The coins are utilsed while the service is provided. If the account does no longer have coins available, the user can no longer access the payable services. However, the user may replenish the coins in his account while placing an order.
HQ Entertainment Network GmbH & Co. KG offers the user an option to replenish his balance automatically. An opt-in the system will enable the user to purchase a previously selected amount of coins. The balance will be replenished only if it is exhausted while using a payable service.
III. Costs
1. The services offered by HQ Entertainment Network GmbH & Co. KG on this portal are free of charge, unless the user has been previously advised of services subject to charge.
2. The costs incurred for payable services and the payment method will be explained prior to the user activating these services.
3. Diverse payment methods shall apply for different versions or different user groups. The user will be advised regarding the required payments, payment methods and conditions prior to accessing the services.
IV. Payment Conditions
1. Payments for payable services must be rendered in advance to HQ Entertainment Network GmbH & Co. KG and will be debited applying the payment method selected during the order process.
2. HQ Entertainment Network GmbH & Co. KG is entitled to commission an external service provider for processing the payments.
V. Cancellation; Contract Termination; Contract Term
1. The user may cancel the contract for the free services at any time. The cancellation notification should be sent to
HQ Entertainment Network GmbH & Co. KG
Fenzlgasse 1/12
1150 Vienna
Austria,
or faxed to
0043 1 267 66 06 or 0043 1 361 97 00 98*,
or e-mailed to
[email protected].
The user profile and corresponding data sets will be deleted upon termination, provided statutory requirements do not mandate storing the aforementioned. The contract for services subject to charges require a separate termination.
2. The user may cancel a payable service upon a notification of 10 calendar days at the expiration of the contractual period. Termination of a payable contract must be terminated in writing ( e.g. e-mail, fax), as well as stating
the username (pseudonym),
the user ID and
the user’s e-mail address listed at registration.
The termination should also include the following information to assign the termination accurately:
User’s first and last name
User’s address
Terminating the payable contractual agreement does not affect the free contractual agreement.
3. Payable services with a contract duration of less than 1 month may be terminated up to 24 hours prior to the contract expiration date.
4. The termination of payable, as well as the free contractual agreement will be confirmed via an e-mail sent to the e-mail address provided by the user during the registration process.
5. Contractual agreements engaging payment methods such as WAP billing, must be terminated by the user with the respective payment method provider, which is disclosed to the user during registration for payable service, or can be provided by our support team.
6. HQ Entertainment Network GmbH & Co. KG is entitled to block the users’ access rights at any time if the user should misappropriate the use of services provided by HQ Entertainment Network GmbH & Co. KG, or if he is in violation of the contractual provisions, particularly the conditions outlined in number VIII.
7. HQ Entertainment Network GmbH & Co. KG may terminate the free contractual service at any time and payable services with a 10 day notice at the end of the payable contract term.
8. The contract for payable services shall automatically be extended if the user does not terminate the contract within the defined contractual period. The extension period will be the same as agreed upon during the order process; if a different duration has not been agreed upon, the originally agreed upon extension period shall apply.
VI. General Entertainment Guidelines
1. By registering, the user explicitly agrees to receive e-mails; the user may deactivate this function in his profile at any time.
2. HQ Entertainment Network GmbH & Co. KG will create an electronic mailbox for the user in his profile. This mailbox will enable the user to contact other users and receive service messages from HQ Entertainment Network GmbH & Co. KG. Other messages sent by HQ Entertainment Network GmbH & Co. KG to the user will be sent to the user’s registered e-mail address. Messages can only be sent to other users’ upon entering a payable contract.
3. Messages from the user to HQ Entertainment Network GmbH & Co. KG will be sent via e-mail from the e-mail address provided by the user to the explicit e-mail address listed in the portal in the help menu by HQ Entertainment Network GmbH & Co. KG,
or via letter to
HQ Entertainment Network GmbH & Co. KG
Fenzlgasse 1/12
1150 Vienna
Austria,
or via fax to
0043 1 267 66 06 or 0043 1 361 97 00 98*
referencing the email address provided to HQ Entertainment Network GmbH & Co. KG and/or the profile name.
4. The user agrees to comply with the following rules of communication on the portal and refrain from using his electronic mailbox and the message services for distributing
a. defaming, racist, discriminative, offensive or other illegal material or such information;
b. to threaten, or harass other users and third parties, or violating their rights (including intellectual rights);
c. importing data to system or the database containing viruses, software and other materials subject to copyrights, or subject to other protection rights, unless the user is the rightful owner of these rights or has obtained the rightful owner’s consent to use the material/rights;
d. negatively impacting the services for other users;
e. attempting to intercept, or actually intercepting e-mails or other messages;
f. sending e-mails and other messages for other purposes than personal communication to other users, including to advertise or offer goods, services or similar commercial and business purposes;
g. sending chain letters;
h. the user shall also refrain from stating or inserting names, addresses, telephone or fax numbers, messenger addresses, e-mails, brand names, company names, names of other internet portals or URLs in the personal description or uploaded files ;
5. HQ Entertainment Network GmbH & Co. KG shall use profiles created and operated by HQ Entertainment Network GmbH & Co. KG on the portal for marketing purposes, improving service quality, for presenting the message functions and for entertainment. The aforementioned are defined with “©” in the system. Actual meetings/dates are not supported by this profile. The users are only able to send messages within the scope of the portal. Sending messages through the electronic mailbox requires a registration for payable services.
6. The user acknowledges and explicitly agrees that HQ Entertainment Network GmbH & Co. KG is entitled to send messages in the users name to simplify the integration in the platform process for new customers and to assist with communication. The user may deactivate this function in his profile at any time.
VII. Newsletter and E-Mail Advertising
1. During the registration process, the user agrees to receive information about HQ Entertainment Network GmbH & Co. KG, its products and offers regarding the tele-media services by consenting to receive newsletters and general advertisements. HQ Entertainment Network GmbH & Co. KG will send out this information.
2. Consent to receive the newsletter is strictly voluntary and may be revoked at any time. Consent may be revoked by sending a cancellation message to the contact address listed above, by clicking on the cancellation link in the messages sent, or in the profile settings.
VIII. User’s Responsibilities
1. The user is solely responsible for his registered contents, personal information and information he has provided about his person. The user confirms that the data provided is accurate and is a personal description of him. Intentionally inaccurate information provided or information provided with the intent to defraud may result in criminal charges and shall entitle HQ Entertainment Network GmbH & Co. KG to block the user profile without an entitlement to reimbursement by HQ Entertainment Network GmbH & Co. KG . The HQ Entertainment Network GmbH & Co. KG is also entitled to terminate the services without prior notice.
2. The user shall confirm to refrain from using the services provided by HQ Entertainment Network GmbH & Co. KG for commercial or business purposes, especially for advertising purposes. The user is prohibited from exporting other users ‘contents and profiles manually, or by using computer programs in an effort to use this data outside of the HQ Entertainment Network GmbH & Co. KG portal.
3. The user must keep e-mails and other messages, as well as third party data strictly confidential and refrain from granting access to third parties without the originator’s consent. The data referenced concerns, but is not limited to names, telephone- and fax numbers, address data, e-mail-addresses and URLs.
4. The user agrees to keep his access data confidential. If the user discloses this data to third parties, he shall be held fully liable for all activities and consequences resulting thereof. If the user suspects that data was forwarded to third parties, he must notify HQ Entertainment Network GmbH & Co. KG immediately and take appropriate measures to prevent additional misappropriation (e.g. by changing his password).
5. Moreover, the user agrees to refrain from misappropriating the services provided by HQ Entertainment Network GmbH & Co. KG including,
a. to refrain from using the aforementioned to distribute defaming, racist, discriminative, offensive or other illegal material or such information;
b. to threaten, or harass other users and third parties or violate their rights (including intellectual rights);
c. importing data to the system or to the database containing viruses, software and other materials subject to copyrights or protected by other rights, unless the user is the rightful owner of these rights or has obtained the rightful owner’s consent to use the materials;
e. attempting to intercept or intercepting e-mails or other messages;
f. sending e-mails and other messages for other purposes than personal communication to other users, including advertising or offering goods, services or similar commercial or business purposes;
g. sending chain letters;
h. the user shall also refrain from stating or inserting names, addresses, telephone or fax numbers, messenger addresses, e-mails, brand names, company names, names of other internet portals or URLs in the personal description or uploaded files ;
6. Non-compliance with the contractual obligations outlined above or violating other conditions governed in theses General Business Conditions shall entitle HQ Entertainment Network GmbH & Co. KG to terminate the contract immediately for an important reason, as well as block the user’s access to the HQ Entertainment Network GmbH & Co. KG database. Alternatively, HQ Entertainment Network GmbH & Co. KG may delete part of the user profile.
7. If the user should intend to use the contractual agreement entered between him and the provider for commercial or business purposes, or forward the data made accessible to him to third parties for commercial or business purposes, or for purposes not explicitly authorised by HQ Entertainment Network GmbH & Co. KG, he shall agree to pay a contractual penalty in the amount of €1,000.00 for each verifiable incident. Additional damage claims shall remain unaffected hereof.
IX. Operation
1. HQ Entertainment Network GmbH & Co. KG is entitled to review the contents and data entered by the user and remove the data in the event this data is in violation of these General Business Conditions.
2. HQ Entertainment Network GmbH & Co. KG is also entitled, but not obligated, to review texts, graphics, as well as uploaded photos and images for compatibility with these General Business Conditions and remove these items if deemed inappropriate.
3. Several of the payable services provide a contact warranty to the user. If the user signed up for such a service, HQ Entertainment Network GmbH & Co. KG will reimburse the user for the cost of the contractual agreement subject to charges if contact to other users was verifiably not established during the agreed upon contract period. The contact guarantee in this aspect is defined as a minimum of one contact attempt via the electronic mailbox created for the user.
X. Rights
1. The user shall grant HQ Entertainment Network GmbH & Co. KG non-exclusive, transferrable, spatially unlimited one- time servitude rights to the contents, including the images, texts and videos the user created or uploaded for the duration of the contractual agreement.
2. The user must confirm that the contents he uploaded or created and the use thereof does not violate third party rights, in particular copyrights or other applicable protective rights.
XI. Liability
1. HQ Entertainment Network GmbH & Co. KG will not assume liability and guarantee the accuracy and security of data or contents published or transferred by other users. HQ Entertainment Network GmbH & Co. KG shall also not be held liable for accuracy and security of user profile. While prohibited, other users may enter false or illegal contents and data, or misappropriated HQ Entertainment Network GmbH & Co. KG services for unauthorised or illegal purposes.
2. HQ Entertainment Network GmbH & Co. KG is providing an IT-service by providing database access, but is not responsible of the success.
3. Since HQ Entertainment Network GmbH & Co. KG cannot influence data transfers from the internet outside of its own IT infrastructure, as well as the peculiarities and insecurities of the internet, HQ Entertainment Network GmbH & Co. KG cannot assume liability for external losses of data and/or errors in data transfer processes. HQ Entertainment Network GmbH & Co. KG is not liable for service interruption beyond the control of its impact areas (e.g. higher powers, technical difficulties of the internet).
4. Except for violations of essential contractual obligations, hazards to life, or injury to body and health, or claims in accordance with the product liability act HQ Entertainment Network GmbH & Co. KG is only liable for intent and gross negligence. Essential contractual obligations are such as necessary to fulfill the contractual goal.
5. HQ Entertainment Network GmbH & Co. KG liability for minor violations of responsibilities required to fulfill the contractual goals (major obligations) is limited to the amount of damages typical and foreseeable for HQ Entertainment Network GmbH & Co. KG .
6. The previously explained liability limitations shall also apply for the personal liability of staff, representatives and organs of HQ Entertainment Network GmbH & Co. KG.
7. HQ Entertainment Network GmbH & Co. KG is not obligated above and beyond the aforementioned circumstances.
XII. Indemnification
Within the framework of statutory regulations, the user shall indemnify HQ Entertainment Network GmbH & Co. KG, from all additional obligations, claims and expenditure resulting from actions he may be responsible for, such as damages due to insult, slander, damages to non-material goods, intellectual and other user rights, as well as service interruptions affecting other users.
XIII. Amending the General Business Conditions
1. HQ Entertainment Network GmbH & Co. KG reserves the right to amend the General Business Conditions at any time, provided the essential conditions of the contractual agreements remain unaffected hereof and the amendment is necessary for adapting to developments not foreseeable to HQ Entertainment Network GmbH & Co. KG at contract execution and if the lack of consideration would significantly affect the balance of the contractual agreement. Essential conditions are particularly such that regard the type and volume of the agreed upon services, as well as the contractual term and termination governance. HQ Entertainment Network GmbH & Co. KG is entitled to amend the General Business Conditions in order to eliminate contractual gaps resulting from statutory changes and changes in jurisprudence.
2. HQ Entertainment Network GmbH & Co. KG will advise the user of the General Business Conditions to be amended via e-mail. The user may object to the amendments within two weeks. Should the user not voice his objection within the aforementioned timeframe, the General Business Conditions shall apply effective the date of notice expiration.
XIV. Service Provided by Third Party Service Providers
1. Third parties offering authorised services on the HQ Entertainment Network GmbH & Co. KG portals of HQ Entertainment Network GmbH & Co. KG may be subject to additional conditions and charges applicable to the user.
2. The user agrees to review the third party provider’s General Business Conditions and prices prior to using its services. HQ Entertainment Network GmbH & Co. KG is not a part or representative in the contractual agreement between the user and the third party service provider.
3. In particular, HQ Entertainment Network GmbH & Co. KG is not liable for the accuracy and reliability of the third party provider’s information, opinions or other messages, unless HQ Entertainment Network GmbH & Co. KG is guilty of gross negligence and intentional neglect.
XV. Privacy Act
HQ Entertainment Network GmbH & Co. KG collects, processes and uses personal user data as outlined in these Conditions and the Privacy Act Declaration. Security of the personal data is subject to the statutory regulations.
Final Provisions
1. Jurisprudence between HQ Entertainment Network GmbH & Co. KG and the user are subject to the mandatory legal regulations of the Republic of Austria. If the user is a consumer, the legal venue for all disputes resulting from this contractual agreement is Vienna.
2. The applicability of mandatory legal regulations in the state the user legally reside upon entering the contract shall remain unaffected.
3. If certain provisions in these General Business Conditions should be invalid or incomplete, the remaining General Business Conditions shall not be affected.
REVOCATION INSTRUCTIONS
1. Cancellation Rights
You have the right to cancel this contract within 14 days without stating a reason.
The cancellation term is fourteen day after entering the contract.
In order to exercise your cancellation right, you must notify us
(HQ Entertainment Network GmbH & Co. KG
Fenzlgasse 1/12
1150 Vienna
Austria; Telephone: 00800 99 99 99 00 (Toll free from a landline); E-Mail: [email protected]; Fax: 0043 1 267 66 06 or 0043 1 361 97 00 98*)
with an unobscured declaration of intent (e.g. letter sent via postal service, fax or e-mail) regarding your decision to cancel this contract. You may use the enclosed sample cancellation form, but use of this form is not mandatory.
In order to comply with the cancellation term, it is sufficient to mail/send the message of intent to exercise your cancellation right prior to expiration of the notification period.
2. Cancellation Consequences
If you cancel this contract, we must refund all payments rendered by you, including the shipment costs (except for the additional costs resulting from your choice of shipment mode if deviating from our cost-effective standard shipment method offered).
Immediately, but no later than fourteen days from the day we have received the message of your intent to cancel this contract. We will apply the same payment method for reimbursement as you have selected for the original transaction, unless explicitly agreed upon differently with you. You will not incur any charges with regard to the reimbursement.
If you requested services to begin during the cancellation period, you must render an adequate payment to us, reflecting the share of services provided, prorated based on the total volume of contractually agreed upon services.
3. Sample Cancellation Form
(If you wish to cancel the contract, please complete this form and return it to us.)
To HQ Entertainment Network GmbH & Co. KG
Fenzlgasse 1/12
1150 Vienna
Austria; Telephone: 00800 99 99 99 00; E-Mail: [email protected]; Fax: 0043 1 267 66 06 or 0043 1 361 97 00 98*:
Hereby I/we (*) cancel the contract entered, regarding the purchase of the following goods(*)/ rendering the following services (*)
Ordered on (*)/received on (*)
Name of consumer (s)
Address of Consumer(s)
Signature of Consumer(s) (applies to letter notification only)
Date
(*) Delete as applicable.
4. If the user has given his explicit consent, the cancellation right shall expire prematurely if the services requested by the user have been provided in full prior to exercising his cancellation right.
5. The cancellation right shall expire for a contract regarding the shipment of digital contents not located on actual data carrier, even if HQ Entertainment Network GmbH & Co. KG has initiated the contract implementation after the user explicitly agreed to the start of the services prior to the expiration of the cancellation period with his awareness.