General terms and conditions

I. Validity

These general terms and conditions are valid for all current and future agreements, declarations or other legally binding actions of mysexyface and accordingly, its operators (mysexyface/operators). Any other terms and conditions not stated here, or references to same, will not be applicable, even without the explicit reservation of mysexyface/operators. Amendments or variations in these conditions will only be applicable, if they are explicitly confirmed in writing by mysexyface/operators. These terms and conditions are valid for all mysexyface domains registered to mysexyface/operators, such as mysexyface.at, mysexyface.de, etc.

II. Concluding the contract

(1) The use of mysexyface or, accordingly, the acquisition of a non-gratuitous membership, creates a legal contract with the client, to which these terms and conditions are applicable. Anyone who has not yet reached 16 years of age may not acquire a non-gratuitous membership, nor may they use the gratuitous regions of mysexyface. Use for advertising purposes is likewise not permitted and may not only result into exclusion from mysexyface but also into civil and criminal charges.

(2) Non-gratuitous membership is effected with the conclusion of the payment process by the client, or, accordingly, upon receipt of payment by the operator, and remains valid for 1, 3, or 12 months. Membership ends automatically with the expiration of the agreed term of contract. Premature cancellation of the contract is expressly precluded.

III. Prices and Terms of Payment

(1) In principle, the applicable price agreed upon for the services is considered to be that which is contained in the pricelists, valid at the time the contract is concluded. All prices are listed in Euros. Insofar as no sales taxes are designated or, in this regard, no other declarations are made, the amount may be considered as gross-price, including the applicable statutory sales tax. mysexyface and its operators expressly reserve the right to alter prices. All earlier prices become inoperative, upon publication of the new pricelist. The pricelists do not constitute an offer for conclusion of contract. All charges are always borne by the client.

(2) Any counterdemands made against the claims from mysexyface/operators and/or assertion of a right of retention by the client are precluded, unless the counterclaim or the right of retention is expressly recognized in writing and/or is established as legally valid.
Fees are due in advance, without deductions. A paying member in violation of these terms and conditions has no claim to a refund of monies already paid.

(3) By logging on and providing the appropriate credit card data, the client authorizes mysexyface/operators to direct debit from the credit card. If the client pays with a Paysafecard, the amount due has already been paid in advance to Paysafecard, upon acquisition of the card, and the client can obtain access to the domain corresponding to the membership. Upon paying through one of the online-banking systems, the client obtains immediate access to the domain corresponding to the membership. If payment is made by means of a (giro) money transfer form, the client obtains access to the domain corresponding to the membership immediately upon receipt of the payment by mysexyface/operators.

IV. Promoters / Photographers

(1)Promoters and photographers (in the following referred to as promoters) can canvass new members for mysexyface. In case promoters canvass new members without their knowledge, or intentionally register fake members on mysexyface, mysexyface/ operators explicitly reserve the right to eliminate such promoters from participating in mysexyface. An existing credit will be cancelled, further credits will not be booked. In addition mysexyface/ operators reserve the right to initiate criminal and civil charges. Mysexyface/ operators reserve the right to arbitrarily remove promoters without providing a reason.

(2)For every canvassed new member a certain amount will be booked to the promoters account by mysexyface/ operators. If one by a promoter canvassed member becomes a pro-member a certain amount will be booked to the promoters account by mysexyface/ operators. The same rule applies in case of extension of a pro-membership, respectively a new acquired pro-membership by a promoter canvassed member.

(3)Basically those amounts count as agreed upon, that result from the displayed amounts (online in the promoters menu) at the point of time of the registration of the canvassed member. All amounts are listed in Euros. Insofar as no sales taxes are designated or, in this regard, no other declarations are made, the amount may be considered as gross-price, including the applicable statutory sales tax. Mysexyface and its operators expressly reserve the right to alter amounts. All earlier amounts become inoperative, upon publication of the new amount (online in the promoters menu). All charges and taxes are always borne by the client. The promoter is obligated to observe all taxes according to legal requirements.

(4)Every promoter can cancel his participation with mysexyface at any time without notice. The account will be deactivated. Any existing credits will be cancelled. Further credits will not occur. A deactivated account can not be reactivated by the promoter.

(5)Mysexyface will store the data of promoters properly and not hand them out to a third party.

(6) The promoter may request the disbursement of his credit at any time directly from the homepage (online in the promoters menu). Credits will be disbursed as of an amount of at least € 30,-. For any expenses an amount of € 2,90 per domestic credit transfer, and of € 4,90 per international credit transfer will be retained.

(7)III is to be understood correspondingly.

V. Quotes, Placing Orders

(1) Quotes from mysexyface/operators, are subject to confirmation. mysexyface/operators reserve the right to change the information contained at any time. Pricelists, advertisements, etc. from mysexyface and/or its operators do not represent an obligation to accept an offer.

(2) Any order from the client is considered only as a proposal to conclude a contract. The client is bound to this proposal for a period of 14 calendar days, beginning from the date of receipt of the proposal. Receipt of the offer does not carry an obligation on the part of mysexyface/operators to perform (provide the service) or to send confirmation via post, fax or e-mail, within the specified (14 day) time period.

VI. Place of fulfillment, Settlement Day

(1) Place of fulfillment is the headquarters of mysexyface or its operators, unless specifically designated otherwise in writing.

(2) mysexyface/operators have no influence on the transport of data in the internet and therefore cannot guarantee the client the unlimited use and availability of the service. mysexyface/operators engage to make possible a problem-free use of the service. Performance (providing storage space, including publication in the internet) is only possible under normal operating conditions. Strikes, acts of nature, problems with acquisition of materials and operating dysfunctions of any kind, especially technical problems, release mysexyface/operators from responsibility. If the problem does not lie within the immediate sphere of mysexyface/operators (e.g., problems with linkage to the internet or other service providers) or if the solution of the problem is not foreseeable, mysexyface/operators are authorized to rescind the contract. In case of failure to perform, the client is only authorized to rescind, after having granted mysexyface/operators, according to the individual circumstances, a minimum extension of 30 days. This deadline begins with the receipt of a written reminder by mysexyface/operators. Assertion of claims for damages or demands for performance are precluded, irrespective of whether the contract is rescinded by the client or by mysexyface/operators.

(3) The user has the right to rescind the contract within 7 days after registration. In this case, any payments already made will be refunded to the client. Withdrawal from the contract can be effected by providing personal data (for purposes of identification) in the form of an e-mail, addressed to office@mysexyface.com or by letter to the operator's address. In accordance with applicable marketing laws, this right of recission becomes invalid as soon as the client has acquired access to the non-gratuitous member domain, although still within this 7 day period.

VII. Complaints, Guarantees, Claims for Damages

(1) The term of guarantee and right of recourse for all services provided by mysexyface/operators is six months, beginning with the provision of the service, and must be exercised or asserted within this time period, including through legal channels, if necessary.

(2) Any claims made by the client for compensation of damages are expressly precluded, especially those due to delays, impossibility of providing the service, breach of obligation, losses in profit, damages due to defects, etc., insofar as there is no malicious intent or gross negligence evident on the part of mysexyface/operators. Any contingent claims for compensation on the part of the client for losses of any kind, must be established through legal channels within 6 months of delivery or provision of service. Here, the rule of compulsory complaint pertains. As far as legally allowed, PHG (law of product liability) and regress are precluded. Any penalties against mysexyface/operators for non-performance of contract require the explicit written acceptance of mysexyface/operators.

(3) mysexyface assumes no liability for picture quality or the number of pictures. The storage capacity of the mysexyface account is limited to 200 entries in the Sexybook and 100 entries in the Mailbox and in the client's Chatbook. If these totals are exceeded, the oldest items are deleted from the Sexybook and/or Mailbox and/or Chatbook. The client bears complete responsibility for the contents and the commentary in the photos contributed and is obligated to conform to the applicable laws when using the mysexyface-homepage. The dissemination of illegal and/or immoral contents is forbidden, as is the dissemination of material which does not conform to the data-protection and/or copyright laws. The client is obligated to be cognizant of the relevant provisions and to conform to them. In addition, the client agrees not to register the same photo severally in mysexyface, nor to alter the photo more than 30 times per month, and not to offer contact possibilities in the profile or photo (e.g., telephone numbers, e-mail addresses, etc.) neither coded nor non-encoded. The client accepts that the photo may only participate in the game if the face is easily recognizable. mysexyface/operators reserve the right to arbitrarily remove any entries or photos contributed, without providing a reason. mysexyface/operators also reserve the right to alter profiles which do not conform to the game rules. mysexyface/operators is not responsible for the contents of items contributed. mysexyface/operators assume no liability or responsibility for threatening, libellous, obscene, offensive, unethical or illegal content. mysexyface/operators assume no liability for the number of entries.

VIII. Jurisdiction, Place of Jurisdiction, Contract Language, Data Processing, Deliveries, Miscellaneous

(1) Austrian substantive law is predominant, with the exceptions of choice-of-law provisions, referral provisions and international marketing laws. The language of contract is German. This agreement to place of jurisdiction becomes effective for all disputes pertaining to or resulting from the business relationship. Both parties agree to the exclusive jurisdiction of the corresponding court over the pertinent subject matter, located in the domicile of mysexyface/operators (presently 1030, Vienna).

(2) All agreements, later changes, amendments, sub-agreements, etc., require written confirmation to become valid. Verbal agreements or sub-agreements are invalid. Any and all kinds of verbal agreements absolutely require the written confirmation of mysexyface/operators. Failure to respond or inactivity on the part of mysexyface/operators does not constitute, in any way, any form of declaration or kind of agreement.

(3) If any individual provisions of these terms and conditions are, or should become void or inoperative, this will not effect the remaining contents. In this case, both parties agree to apply the valid marketing provisions, which most closely approach the sense of the inoperative term or condition.

(4) mysexyface/operators utilizes data-processing. The date, contents and IP adress in use by mysexyface are all displayed. The client agrees to the storage and processing of his/her data. This agreement may be withdrawn. Because mysexyface/operators cannot remove individual clients from the data processing, withdrawal from the agreement constitutes mutual rescission of contract. In this case there can be no claim for repayment for the open term of the contract.

(5) Any communication to the client is considered to be accepted, insofar as it is sent to the last known e-mail address, delivery address or booking address. Declarations to mysexyface/operators should be sent to the corresponding main business office. If declarations are sent by electronic or other means to mysexyface/operators, these are deemed as received only upon the actual acknowledgement by mysexyface/operators. The burden of proof is borne by the client.

(6) Insofar as the client is not the creator of the picture which is sent, it is assumed that the sender has obtained permission from the creator to publish the picture. If more than one person in visible in the photo, it is assumed that the sender has received agreement to publish from the others in the picture. It is expressly prohibited to download, duplicate or use the pictures for any other purpose. Any violation can lead to expulsion from mysexyface; in cases of gross violation, the operator will present the facts to the proper authorities, to instigate legal proceedings. The responsibility lies exclusively with the client for adhering to the legal statutes and copyright laws, and complying with the rules of the game.

(7) By contributing a photo and profile, the client agrees to allow publication of same in mysexyface, within the scope of these terms and conditions.

(8) The operator is authorized to commission a third party to perform any portion of, or the complete service, under the same terms and conditions.

(9) These terms and conditions may be changed at any time. Notification of changes takes place by means of publication of the updated version on the website. The client is obliged to regularly check the website, to remain informed of the current terms and conditions. Continued participation in mysexyface constitutes agreement to the altered conditions.

(10) The client grants the express consent to receive newsletters, e-mails and SMS from mysexyface/operators.

(11) mysexyface/operators are authorized to reutilize and disseminate any items contributed, especially photos, for the advertising and promotion of mysexyface in the media (print, TV, online, etc.); the items may be raw or graphically manipulated. For the items contributed, the client grants mysexyface/operators the unlimited teritorial right of use, for an unlimited period of time. Thus, mysexyface/operators are authorized to disseminate the items, especially photos, in any way and manner which they deem appropriate, as long as this serves solely to promote and advertise mysexyface, i.e., in the internet, in press and TV reports, printed matter of all kinds, both domestically and abroad. In addition, mysexyface/operators are authorized to manipulate the photos arbitrarily, as they deem appropriate. The client grants mysexyface/operators the right to utilize these manipulated photos, to the same extent as the originals. mysexyface/operators are further authorized to present these photos publicly, both domestically and abroad, to display them in the internet and in various printed media, and to reproduce and/or to manipulate parts of a photo or the complete photo for advertising purposes in the press and other media, as long as this serves solely to promote and advertise mysexyface.

IX. Special note for Consumer Organizations

If the client is a user of ISDN § Employment Protection Act, any contingent, more favorable prevailing mandatory regulations for the user remain unaffected by the terms and conditions stated above. In this case, the applicable term/condition will be reduced to only what is absolutely necessary, the remaining terms and conditions remain in effect.