Terms and Conditions
Please note these general terms and conditions (GTC) of Online Marketing LLC. All services are provided exclusively on the basis of these General Terms and Conditions.
I. General Terms and Conditions for Use of the Website
II. Special terms and conditions for advertisers
III. Final Provisions
The following regulations are the general terms and conditions (hereinafter: “GTC”) for the use of the website diamondescort-frankfurt.de and all subdomains belonging to this domain.
The diamondescort-frankfurt.de website is operated by Online Marketing LLC. The following terms and conditions regulate the relationship with the users, advertisers and others who use the diamondescort-frankfurt.de website and interact through the diamondescort-frankfurt.de website. By using the diamondescort-frankfurt.de website or accessing it, these users, advertisers and others agree to these terms and conditions.
I. General terms and conditions for the use of the website diamondescort-frankfurt.de
1. Website Content
Online Marketing LLC assumes no liability for the topicality, correctness, completeness and quality or other content of the texts, photos, e-mail addresses or other information provided by the advertisers (escorts, sex contacts, etc.). These advertisers are exclusively responsible for this information in words and pictures. Online Marketing LLC reserves the right to change, supplement or delete parts of the pages or the entire offer of the diamondescort-frankfurt.de website without prior notice or to temporarily or permanently cease publication.
The Online Marketing LLC is free in the external design of the diamondescort-frankfurt.de website.
2. Links and References
In the case of direct or indirect references to third-party websites (“links”), which Online Marketing itself provides and which are linked to the diamondescort-frankfurt.de website, but which are outside Online Marketing LLC’s area of responsibility, a Liability obligation only come into effect in the event that Online Marketing LLC is aware of the content and it would be technically possible and reasonable for Online Marketing LLC to prevent use in the event of illegal content. Online Marketing LLC hereby expressly declares that no illegal content was discernible on the linked pages at the time the link was created. Online Marketing LLC has no influence whatsoever on the current and future design, the content or the authorship of the linked/connected pages. Online Marketing LLC therefore hereby expressly distances itself from all content on linked / connected pages that were changed after the link was created.
The provider of the linked site is solely liable for illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of information provided via links, not Online Marketing LLC.
3. Copyright and Trademark Protection
The name Diamond-Escort® is protected as a word mark by the German Patent and Trademark Office (DPMA) in favor of the provider of this website. Third parties are prohibited from using an identical or similar designation for identical or similar service offers in commercial transactions without the consent of the provider of this website (cf. Section 14 Trademark Act for details). In the event of violations, civil and criminal prosecution is reserved (§§ 14, 143 MarkenG).
The exclusive copyright usage rights to all the diamondescort-frankfurt.de website making up copyright works such as graphics, style sheets, layout, color design, integration of graphics into the entire layout, images, computer images, logos, web design or other creative Elements as well as on the website as a database work according to § 4 Abs. 2 UrhG and as a database according to § 87 a UrhG, as well as the naming rights to the logos and emblems that make up the diamondescort-frankfurt.de website belong exclusively to Online Marketing LLC.
4. Warranty and Liability
Online Marketing LLC does not guarantee uninterrupted availability of the diamondescort-frankfurt.de website.
Unless otherwise specified below, claims by the user for breach of contract or other breaches of duty – regardless of the legal basis – are excluded. In particular, Online Marketing LLC is not liable for lost profits or other financial losses of the user.
The above exemption from liability does not apply if Online Marketing LLC is legally liable, for example (1) due to injury to life, limb or health, which is based on a negligent or intentional breach of duty by Online Marketing LLC or one of the legal representatives or vicarious agents of Online Marketing LLC, (2) insofar as the cause of the damage is based on intent or gross negligence on the part of Online Marketing LLC or a legal representative or vicarious agent of Online Marketing LLC, (3) Online Marketing negligently violated an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the user can regularly rely (cardinal obligation). Insofar as Online Marketing LLC negligently violates a cardinal obligation, the obligation to pay compensation is limited to the contractually typical, foreseeable damage, unless there is intent or gross negligence or we are liable for injury to life, limb or health.
II. Special terms and conditions for advertisers
1. Conclusion of contract
These special terms and conditions for advertisers apply to all – including future – contracts and other services with or to advertisers (escorts, sex contacts, etc.) of the diamondescort-frankfurt.de website. By commissioning advertisements, the advertiser agrees to the general terms and conditions for the use of the website diamondescort-frankfurt.de and the special terms and conditions for advertisers. If an advertisement is only confirmed by the advertiser on the basis of his own terms and conditions, these are hereby contradicted.
With the order for the publication of the advertisement of the data provided on the diamondescort-frankfurt.de website and other media types provided by Online Marketing, the advertiser declares the following:
» that he is of legal age, has a valid identity card and, if necessary, is in possession of a valid residence and work permit or, in the case of commercial operations, a valid trade license.
» that all materials provided by the advertiser for publication, in particular texts and images, are free of third-party rights.
» that the advertiser agrees to the publication on the diamondescort-frankfurt.de website and the respective cooperation partners on their erotic portals, in particular the publication of the advertisements of the provided pictures until further notice.
» that the personal information provided by the advertiser is true and was transmitted to Online Marketing LLC without the obligation of third parties.
» that the advertiser is aware and agrees that the information can be viewed by an anonymous group of users on the Internet.
Online Marketing LLC reserves the right to check the content of advertising orders and not to publish them if they violate legal or official prohibitions or are unreasonable for other reasons.
2. Content of the advertisements
The advertiser is solely responsible for the content, correctness and legal admissibility of the texts and images provided for the advertisements. The advertiser is also responsible for ensuring that the publication of the advertisements does not violate the rights of third parties (in particular personal rights and copyrights) or that applicable law is violated. In particular, the following are excluded from publication:
» Pictures that show the genital area uncovered,
» Images that clearly depict sexual acts,
» Images depicting scenes of violence, or
» Are generally to be regarded as immoral.
The advertiser is obliged to indemnify Online Marketing LLC from third-party claims and the costs incurred by Online Marketing LLC as a result of a breach of the above requirements in any way arising from the execution of the advertisement order.
3. Beginning and end of advertisement publication
The start of the advertisement publication can be determined by the advertiser or takes place no later than 24 hours after conclusion of the contract or receipt of the advertisement, provided that the full invoice amount has been received in cash or on one of the accounts of Online Marketing LLC, unless Delays due to the content of the advertisement by the advertiser or an incomplete or faulty delivery. The booked and paid for advertisement publication period is extended by the same previous booking period if the order is not canceled in writing (e-mail) 14 working days before the end of the booked period.
4. Terms of Payment
The billing period begins when the ad is published. The advertiser pays the agreed remuneration for the publication of the advertisement (advertising costs, Internet services, telephone support, etc.). Unless otherwise agreed, the remuneration is to be paid in advance without deductions to Online Marketing LLC afford to.
If the advertisement is poorly reproduced and the purpose of the advertisement is not insignificantly impaired as a result, the advertiser has the right to a new advertisement placed. If such a new advertisement is not placed by Online Marketing LLC within a reasonable period of time, the advertiser can withdraw from the advertisement order.
Diamond is liable to the extent specified in the General Terms and Conditions for the use of the website diamondescort-frankfurt.de under Section I.5.
7. Private Meetings
The advertiser undertakes not to maintain any private contacts or business/meetings with customers of Online Marketing LLC (Diamond Brand).
If it can be proven within 6 months after a booking via the Diamond website that the advertiser has met with the customer for money, the advertiser will pay a contractual penalty of 1,000 euros per violation.
III. Final Provisions
1. Terms and Conditions Change
Diamond reserves the right to change these terms and conditions and to make the changed terms and conditions accessible on the diamondescort-frankfurt.de website. For non-registered users of the diamondescort-frankfurt.de website, the terms and conditions currently set on the day of use of the website apply.
Online Marketing LLC will expressly inform registered users and advertisers of the respective changes to the General Terms and Conditions. The registered user or advertiser has the opportunity to object to the changed terms and conditions within a period of two weeks. Diamond expressly points this out with every change. If the customer does not object to the change within the period, the new terms and conditions apply to this registered user or advertiser from the day the period expires.
If a user or advertiser objects to the changed terms and conditions, Diamond has the right to terminate the existing contractual relationship.
2. Choice of Law and Venue
This contract is exclusively subject to German law. The courts of Frankfurt am Main have local and international jurisdiction for all disputes arising from this contract,
a) if the other party is a merchant, a legal entity under public law or a special fund under public law,
b) if the other party has no general place of jurisdiction (residence, registered office or habitual abode) within the Federal Republic of Germany or
c) after the conclusion of the contract, he moves his domicile or usual place of residence outside the territory of the Federal Republic of Germany or his domicile or usual place of residence is not known at the time the action is filed.
If a reservation is not canceled at least 24 hours before the reserved time, the full booking fee will be charged.
4. Severability Clause
Should a provision of these conditions and the other agreements made be or become invalid, the validity of the rest of the contract shall not be affected. The contractual partners are obliged to replace the invalid provision with a provision that comes as close as possible to the economic success.
5. The brand Diamond Escort under the company Online Marketing LLC, is not related to the services of the advertised models. All information on the profiles is information that comes from the women themselves.
Diamond Escort coordinates the payments and only arranges the meeting between the customer and the model.