AGB / Terms and conditions
§ 1 Scope
1.1 The following general terms and conditions (GTC) apply to the use of the website MoneyDomDirectory.com as well as to any contractual relationships between customers and FruityPages, Tentstraat 86, NL-6291 BJ Vaals.
1.2 Conditions of users that deviate from or supplement these GTC are objected to.
1.3 The site operator can change these GTC at any time. Existing customers will be informed of changes one month before they take effect separately by email and/or private message and/or upon registration for services. The new version of the GTC is available for viewing and download on the website. If the customer continues to use the services after the changes or supplements to these terms of use take effect, he irrevocably agrees to the changes/supplements. In case of rejection, the customer must terminate the use of the services in a timely manner and delete his account.
§ 2 Legal Age
2.1 The website MoneyDomDirectory.com is intended solely for the entertainment of adults. The services may not be used by persons under 18 years of age. By accessing the site and using the services, the user guarantees that he is actually at least 18 years old and that he is authorized according to the laws of the country in which he resides and/or the laws of the country from which he accesses the services and the website.
2.2 The site operator assumes no liability for damages resulting from unauthorized access to the site within the meaning of § 2.1.
§ 3 User Accounts
3.1 In order to use the services optimally, the user can create an account on the website. The site operator distinguishes between active users (hereinafter referred to as "Active Accounts") and passive users (hereinafter referred to as "Passive Accounts"). By registering as a user, a contractual relationship with the site operator arises, which is governed by the provisions of these GTC.
3.2 The user is responsible and liable for all uses of the services via his account. Username and password must not be disclosed to third parties. If there is reason to suspect abusive use by unauthorized persons, the user must inform the site operator immediately. Regardless of this, he must take appropriate measures to protect his account immediately, for example by changing his password.
3.3 The user assures upon registration that he is authorized to use any material (e.g., photos, texts, templates) that he uploads and/or posts during the creation and subsequent use of his profile, in particular that this material is free from third-party rights (e.g., third-party copyrights). The user assumes exclusive liability for this. There is no review by the site operator. The user indemnifies the site operator from any claims for damages by third parties that may arise from the use of these templates/materials.
3.4 The creation of a user account is only permitted for natural persons acting in their own name. Only one registration as an Active Account or Passive Account per person is allowed.
3.5 The site operator reserves the right to reject registrations for a user account without stating reasons.
§ 4 Legitimation von Aktiven Accounts
4.1 Active accounts must provide special identification when registering for an account. Accounts may only be registered in the true and rightful name. For verification purposes, active accounts must first submit the following documents to the site operator before opening/activating:
a) A complete copy of the front side of the ID card or driver's license. The photograph, full name, and date of birth of the applicant must be visible or legible.
b) A photo showing the holder holding this ID card or driver's license in such a way that their face and the photograph on the ID card/driver's license are directly next to each other. This serves to verify that the account applicant and the ID card holder are the same person.
Without the submission of these documents, the account will not be activated.
4.2 The site operator reserves the right to request further identification documents, including but not limited to the latest invoice from a utility company or a current bank statement. This applies in particular if active accounts wish to withdraw credit (cf. § 5).
4.3 Any suspicion of abuse, especially forgery of documents and/or the use of foreign identity documents, will result in immediate criminal charges. Furthermore, the site operator reserves the right to assert claims for damages and to permanently exclude the applicant from use.
§ 5 Revenue Generation by Active Accounts, Revenue Credits
5.1 The site operator grants active accounts the opportunity to generate revenue for their own account through:
• Tributes
• Messages
• Messages with payable content
• Chat (text/video/webcam)
• Store items (sale of digital goods)
5.2. Of the revenues generated for an account, the account will be credited with a profit equal to 60% of the generated revenue, less the country-specific sales tax in the Netherlands of 21% on this profit.
5.3 The site operator reserves the right to deviate from this regulation if generated revenues are subsequently canceled (so-called charge-backs) without the site operator being at fault. Revenue credits may be withheld until final clarification, and credits already issued by the site operator may be unilaterally revoked pending clarification.
§ 6 Payout of Revenue
6.1 Active accounts can have their accumulated credit paid out by the site operator via bank transfer. Active accounts can set the payout limit in their account themselves, choosing from various limits set by the site operator. The site operator is free to set a minimum limit below which no payout will be made. In the event of account termination, different rules apply (§ 9).
6.2 Payouts are made at the end of the following month. The site operator is entitled to pass on foreign fees and expenses that have demonstrably arisen from the payout (e.g., transfer costs) to users.
6.3 Instead of a payout, active accounts can also use their credit for paid offers on the website.
6.4 Apart from the withheld sales tax, the active account is personally liable for all taxes and charges on the paid-out revenues. The site operator cannot be held liable.
6.5 The site operator may make the payout of credit dependent on the submission of further identification documents, including documents for all depicted, unknown persons (cf. § 4). The site operator is entitled to withhold the credit until the requested documents have been submitted.
6.6 Any credit remaining on the user account that has not been paid out will expire irretrievably one (1) year after the date of the generated invoice, without requiring a separate notification or reminder.
6.7 The total amount of payouts that a user can request within one calendar month is limited to a maximum of 5,000 euros. This means that a user can submit multiple payout requests within a month as long as the cumulative amount of these requests does not exceed 5,000 euros. If submitting another payout request would exceed the total amount of 5,000 euros within a calendar month, the relevant payout request must be postponed to the following month. An exception to this rule applies in the event that a single payout request already exceeds the amount of 5,000 euros; in such a case, the user is allowed to submit this single payout request, but all further payout requests for the rest of the relevant calendar month will be blocked until the new month begins.
6.8 Transfer of account credit to another account is excluded.
§ 7 Passive Accounts
7.1 The site operator enables users to access commercial services, including those of active accounts, after setting up a passive account. The prices for these services are visible on the website and are in US dollars including statutory value-added tax. Prices may be adjusted by the site operator at any time.
7.2 Payment for commercial services is made by topping up an account balance. The site operator is entitled to handle the topping up of the balance and the payment modalities through a third-party company. When using this payment service provider by the passive account, the respective terms and conditions of this company apply.
7.3 In the event of payment default, the site operator is entitled to demand default interest at a rate of 5 percentage points above the respective base interest rate. This does not exclude the assertion of higher damages. If the site operator uses a payment service provider for billing, the rights of the payment service provider in the event of default arise from its terms and conditions. Likewise, in the event of default, the site operator is entitled to exercise its right of retention, in particular to deactivate the passive account until full settlement of all outstanding claims.
7.4 There is no refund of once booked account credit. Special regulations apply in the event of complete account termination (§ 9).
7.5 With the purchase of a digital "store item," passive accounts have between 24 and 48 hours to download the respective item before it becomes inaccessible and must be repurchased. The site operator is not liable for prematurely deleted "store items" by active accounts or the creators.
7.6 It is not possible to return purchased digital goods and/or services.
§ 8 Disruptions
8.1 The site operator assumes no liability regardless of fault for the fact that the services or part of the services are accessible at all times and free from interruptions and disruptions. Failures can occur due to internet disruptions or as a result of viruses and/or errors or defects (e.g., on servers or other hardware). In these cases, the site operator is also not liable for possible data losses by users.
8.2 In the event of maintenance work associated with a restriction of the website's functionality, the site operator will announce this as early as possible. Users have no entitlement to compensation in this case.
§ 9 Termination
9.1 Users can terminate their account at any time via the support system provided by the site operator, with a notice period of 7 days, provided they are logged in. The period begins once the user has positively confirmed the automatic security prompt triggered after a termination, asking whether they really want to carry out the termination. During the notice period, the user remains responsible for their account. The site operator is also entitled to ordinary termination, regardless of its right to terminate without notice (cf. § 9.2).
9.2 The statutory regulations apply to the right of termination without notice by the parties. The site operator is particularly, but not exclusively, entitled to such termination if users
• use software such as viruses or trojans that spy on, damage, delete, or restrict the availability or access to the site operator's computers, other users, or third parties
• circumvent technical security measures of the site operator's computer systems
• read the contents of the website through manual or automated software, devices, or other processes
• send spam and/or junk emails
• make personal data, such as the email address of other users, accessible to third parties without authorization
• pass on usernames together with passwords to other persons, or otherwise unauthorized third-party access to their account, for example by leaving a browser in a logged-in state
• distribute child pornography or bestiality
• abuse minors in any form, including but not limited to inappropriate contact
• incite to unlawful behavior and/or participation in criminal activities or provide information about them
• spread false information about other users or the site operator
• harass or stalk other users
• present forged identification documents
• deceive about their legal age
• repeatedly violate the terms of use/AGB despite prior warning
• it is proven that these accounts on social media are used to participate in defamatory or reputation-damaging actions
• a significant number of other active or passive accounts indicate that they feel disturbed by the activities or presence of the user in question
9.3 In the event of termination by a passive account, the right to a refund of already deposited credit lapses, unless the site operator has culpably caused the termination. The right to a refund also lapses if termination by the site operator - whether timely or immediate - was caused by the fault of the passive account.
9.4 In the event of termination of access by an active account, every payout of the credit is subject to the conditions mentioned in § 6 and requires the submission of a postal invoice to the site operator. If the termination of an active account by the site operator is due to non-contractual behavior of the active account, the site operator reserves the right to offset it against its own damages. In the event of discrepancies between legitimating data and user activities, especially in the case of non-matching identities of revenue-generating and legitimated person(s) or the use of unauthorized image documents, the payout will be suspended. Cases of fraud entail civil and criminal consequences.
§ 10 Treatment of Profiles/User Content by the Site Operator
10.1 The site operator is entitled, at its own discretion, to review, restrict, remove, or block profiles/user content posted or transmitted using the website. It will make use of this primarily if the user has already been excluded from use and/or if the content violates these terms of use.
10.2 Furthermore, the site operator reserves the right to disclose personal data or user content to third parties if it has been obligated to do so as part of a court order, ongoing legal proceedings, a request from law enforcement agencies in the Netherlands, or if it is necessary to assert its own rights, especially to enforce its own claims.
§ 11 Liability of the Site Operator for Damages
11.1 The site operator is only liable for damages in the following cases:
• In the event of injury to life, body, or health caused by him, his legal representative, or vicarious agents through culpable conduct;
• For other damages, to the extent that they are based on intentional or grossly negligent breaches of duty by him, his legal representative, or vicarious agents;
• In the event of breaches of material contractual obligations, the fulfillment of which enables the proper performance of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations), liability for slight negligence is limited to the typically foreseeable damage.
11.2 Otherwise, claims for damages are excluded. The site operator expressly points out that it assumes no liability for the behavior of other users or third parties when using the services of the site operator or engaging in other activities (e.g., meetings between individual users) - particularly not if this behavior is illegal and/or violates these terms of use. If the site operator becomes aware of such circumstances, it will exercise its right to terminate the corresponding user account without notice (cf. § 9.2).
§ 12 Disclaimer for Third-Party Content
Links on the website to the content of third-party internet sites merely provide access to third-party content. Since the content of internet sites is dynamic and can change at any time, continuous individual examination of all content to which a link has been created is not possible. The site operator expressly does not adopt the content of third-party internet sites linked to its own internet presence. The respective provider of the page to which reference was made is solely liable for damages arising from the use or non-use of third-party content.
§ 13 Copyrights
13.1 By registering, the user does not acquire any copyrights, neither in the material of the site operator nor in that of other users. Users are prohibited from using third-party content - whether from the site operator itself or from other users - for their own or third-party purposes, in particular to create their own copies. It is expressly prohibited to sell, rent out, distribute, or otherwise make such copies available to third parties. If other users or third parties violate this, civil prosecution lies with the respective authors themselves.
13.2 For content uploaded or posted by a user after registration, the user irrevocably grants the site operator the non-exclusive right of use, unlimited in terms of content and space, until his deregistration. The transfer of usage rights currently extends to all known types of use and also includes reproduction, distribution, digitization, public accessibility, and storage in databases. Naming - if permitted - is at the discretion of the site operator.
In this context, the user confirms that this declaration is binding for his heirs, legal successors, or other persons asserting an interest in the material, and that he is authorized and able to make this declaration. The user expressly agrees that he will not receive any remuneration for this release declaration.
13.3 The usage right of the site operator mentioned in § 13.2 ends when the user's account is terminated and deleted after the termination period has expired. The user agrees that removed content will be stored for a certain period in caches and/or backup copies. However, they are no longer accessible to third parties, unless the user has shared content with other users or third parties. In this case, the data must also be deleted by the recipients themselves. The deletion of such content by other users or third parties is not monitored by the site operator.
§ 14 Invalidity of Individual Contractual Provisions
Should individual provisions of the contract between the user and the site operator, including these terms and conditions, be wholly or partially invalid, or should there be a gap therein, this shall not affect the validity of the remaining contract or provisions.
§ 15 Applicable Law, Place of Jurisdiction
The contract and the use of the site are subject to Dutch law. The place of jurisdiction is the registered office of the site operator.