CONDITIONS OF USE and PARTICIPATION

1. subject matter of the terms of use

(1) datedealer GmbH (hereinafter referred to as the "Portal Operator") provides a platform on www.quality-date.com via which persons of legal age (hereinafter also referred to as "Participants") can advertise certain sexual services to other persons of legal age (Users) by means of corresponding profiles. The portal is therefore an advertising platform for sexual services for adults. However, contracts between participants and users are not concluded via the platform, but only between them directly. The platform operator merely provides the technical platform.

(2) These Terms of Use govern the provision of services by the portal operator and the duly registered adult participant.

(3) Information on the portal operator can be found at https://www.quality-date.com/de/imprint

2. changes to the terms of use

(1) The portal operator reserves the right to amend these terms of use at any time, also within the existing contractual relationships. The portal operator will inform you of such changes at least 30 calendar days before the planned entry into force of the changes. If you do not object within 30 days of receipt of the notification and continue to use the services even after the objection period has expired, the changes shall be deemed to have been effectively agreed from the expiry of the deadline. In the event of your objection, the contract will be continued under the previous conditions. The portal operator will inform you of your right of objection and the consequences in the notification of change.

(2) The VAT can be changed without complying with the procedure described in paragraph 1.

3. registration requirements

(1) The posting of corresponding profiles for the purpose of advertising sexual services requires proper registration with age verification by the participants via the platform

(2) Participants may offer sexual services either as private individuals of legal age who meet the requirements for passenger transportation or in their capacity as a company as defined in Section 14 of the German Civil Code (BGB). Companies must ensure that they are legally authorized to do so. All natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity when concluding a legal transaction are deemed to be companies. Minors are expressly prohibited from registering. In the case of legal entities, an authorized natural person who meets the necessary requirements in their person must also be specified.

4 Registration process, age verification and conclusion of a contract of use

(1) In order to use the services on the PortaI

(2) as a participant, they must first register free of charge. Participants must provide their cell phone number, accept the terms of use and privacy policy and go through the age verification process provided. For this purpose, the participant is forwarded to a service provider (Veriff), which checks the identity card. Once registration on the portal has been completed, the portal operator reserves the right to check the data for completeness and plausibility. If the information is correct from the portal operator's point of view and there are no other concerns from the portal operator's point of view, the portal operator will notify the participant of this by means of a confirmation e-mail or confirmation text message. With the e-mail or SMS, your application to participate is deemed to have been accepted and the contract of use is deemed to have been concluded in a legally binding manner. To use the services on the portal, you then only need to click on the link contained in the confirmation email or text message.

(3) If you have not received a confirmation email or text message within three working days of completing registration, your application will be deemed to have been rejected. In this case, no contract of use has been concluded with you. The portal operator is not obliged to inform you of the reason for the non-conclusion of the contract of use.

(4) After activating your account, you have the option of booking certain fee-based advertising packages. You will be informed on the platform about the exact services of the respective advertising package, the costs, payment terms and the contract term. In connection with the respective service package, you have the option of making use of it by clicking on the "Order for a fee" button

Please note: By clicking on the corresponding button, you make a binding declaration that you wish to make use of the respective offer. This constitutes your binding acceptance of the offer to make the service available and creates a further contractual relationship. This contractual relationship is also subject to these terms and conditions of participation and use, as well as any other terms and conditions that the operator of the store will inform you of before you use the service

(3) Please also note: You initiate the provision of the fee-based service directly by clicking on the corresponding button. Since the use of the service cannot be canceled afterwards and a return of any retrieved content cannot be guaranteed by you in such a way that you can no longer use it after returning it, you are not entitled to a right of withdrawal with regard to the use of chargeable services.

(4) All fees/prices quoted include the applicable statutory value added tax.

(5) The fee for the chargeable services or offers used by you will be indicated to you together with the payment method.

5.Information: Contract language, storage of your registration data

(1) The contract language is German

(2) The registration with details of the concluded user contract will be stored by us. The terms of use will be sent to the participant as an attachment to the confirmation e-mail. However, these can also be accessed at any time via _https://www.quality-date.com/de/terms-of-use. As a registered participant, you can view your history and transactions via the portal.

6.Information: Correction note

Participants can correct their entries at any time before completing registration or booking an advertising package by pressing the delete button. You can also end the registration process completely at any time by closing the web browser.

7. responsibility for the access data

(1) During the registration process, you will be asked to enter a user name and password. You can use this data to activate access to the portal and then log in after receiving the email or text message in accordance with section 4 (2) and confirming the link contained in the email or text message. It is your responsibility to ensure that the user name does not infringe the rights of third parties, in particular name or trademark rights, and does not offend common decency

(2) The access data, including the password, must be kept secret by you and not made accessible to unauthorized third parties.

(3) It is also your responsibility to ensure that your access to the portal and the use of the services available in the portal is carried out exclusively by you or by persons authorized by you. If it is to be feared that unauthorized third parties have gained or will gain knowledge of your access data, the password must be changed immediately and the portal operator must be informed immediately.

(4) You are liable for any use and/or other activity carried out under your access data in accordance with the statutory provisions.

8. Updating your participant data

You are obliged to keep your data (including your contact details) up to date. If there is a change in the data provided during the period of your participation, you must correct the information immediately in the portal in your personal settings. If you are unable to do so, please inform us immediately of any changes to your data by emailing support@quality-date.com.

9. terms/cancellation of participation

(1) If you have registered as a participant via the portal free of charge, the contract of use shall initially run for an indefinite period. In this case, the contract can be terminated by both you and the portal operator at any time with one month's notice. For any packages you may have booked, the terms specified there shall apply. Prior ordinary termination is excluded, but you always have the option of upgrading your advertising package to the corresponding conditions; the corresponding conditions of the booked upgrade then apply.

(2) The right of the contracting parties to extraordinary termination without notice remains unconsidered.

(3) The contractual relationship shall end when the termination takes effect and you may no longer use your access. The portal operator reserves the right to block the user name and password when the termination takes effect.

(4) The portal operator is entitled to irretrievably delete all data created in the context of your participation upon expiry of 30 calendar days after the termination takes effect and upon expiry of any statutory retention periods.

10. offer and availability of the services

1) The portal operator provides participants with various free and fee-based information and other services for temporary use as part of the concluded user agreement. Such services may include, for example, the provision of posts, information and other content (hereinafter collectively referred to as "content"), as well as the option to create individual profiles.

(2) For the use of paid services, the portal operator guarantees an availability of 99% on a monthly average in its area of responsibility. The regular maintenance windows of the portal, which are usually on Tuesdays between 4:00 and 5:00 UTC time, are not included in the calculation of availability.

(3) In all other respects, a claim to the use of the available services shall only exist within the scope of the technical and operational possibilities of the portal operator. The Portal Operator shall endeavor to ensure that its services can be used as uninterruptedly as possible. However, temporary restrictions or interruptions may occur due to technical faults (e.g. interruption of the power supply, hardware and software errors, technical problems in the data lines).

11. changes to services

The portal operator is entitled at any time to change services provided free of charge, to make new services available free of charge or against payment and to discontinue the provision of free services. The portal operator shall take into account the legitimate interests of the participants in each case.

12. protection of content, responsibility for third-party content

(1) The content available on the portal is predominantly protected by copyright or other intellectual property rights and is the property of the portal operator, the other participants or other third parties who have made the respective content available. The compilation of the content as such may be protected as a database or database work within the meaning of sec. §§ 4 para. 2, 87a para. 1 UrhG. You may only use this content in accordance with these terms of use and within the specified framework of the portal

(2) The content available on the portal originates in part from the portal operator and in part from other participants or other third parties. Content from participants and other third parties is hereinafter collectively referred to as "third-party content". The portal operator does not check third-party content for completeness, accuracy and legality and therefore assumes no responsibility or warranty for the completeness, accuracy, legality and timeliness of third-party content. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose.

13. scope of permitted use, monitoring of usage activities

(1) Your authorization of use is limited to access to the portal and any fee-based services you may have booked, as well as to the use of the services available in each case within the scope of the provisions of these Terms of Use.

(2) The participants themselves are responsible for creating the technical and legal conditions necessary for the contractual use of the services in their area of responsibility. The portal operator does not owe any advice in this regard.

(3) The portal operator points out that your usage activities may be monitored to the extent permitted by law. This may also include the logging of IP connection data and call histories and their evaluation in the event of a concrete suspicion of a breach of these Terms of Use and/or in the event of a concrete suspicion of the existence of another illegal act or criminal offense.

14. creation of user profiles/posting of own content

(1) If you have booked a corresponding advertising package, you can customize your user profile according to your own ideas within the framework of these Terms of Use. However, please be sure to observe the restrictions in section 16.

(2) To the extent that functionality is available, you may post content on the portal and make it available to third parties, subject to the following provisions.

(3) By posting content, you grant the portal operator a free and transferable right to use the respective content, in particular

- to store the content on the portal operator's server and to publish it, in particular to make it publicly accessible (e.g. by displaying the content on the portal)

- to edit and reproduce, insofar as this is necessary for the provision or publication of the respective content, and

- to grant third parties rights of use to your content in accordance with section 15.

If you remove the content you have posted, the right of use and exploitation granted to us above shall expire. However, we remain entitled to retain copies made for backup and/or verification purposes. The rights of use already granted to the participants to the content you have posted also remain unaffected.

(3) You are fully responsible for the content you post. The portal operator does not check the content for completeness, accuracy, legality, topicality, quality and suitability for a specific purpose.

You therefore declare and warrant to the portal operator that you are the sole owner of all rights to the content you have posted on the portal, or that you are otherwise authorized (e.g. by effective permission from the rights holder) to post the content on the portal and to grant the rights of use and exploitation in accordance with the above paragraph (2).

(4) When posting content (e.g. offers), you are solely responsible for compliance with the associated legal provisions. In particular, you must comply with the statutory requirements regarding the labeling of the content you post and other statutory information obligations. The portal operator is not obliged to provide any advice in this regard.

(5) The portal operator reserves the right to refuse the posting of content and/or to edit, block or remove content already posted (including private messages and guestbook entries) without prior notice if the posting of the content by the participant or the posted content itself has led to a breach of Section 16 or if there are concrete indications that a serious breach of Section 16 will occur. However, the portal operator will take your legitimate interests into account and choose the mildest means to defend against the violation of Section 16

15. right to use content available on the portal

(1) The user grants the operator an irrevocable, transferable, non-exclusive, free-of-charge right of use to the content posted, unlimited in terms of time, place and content. The operator is entitled to use, edit and exploit the content at any time. This includes, in particular, the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of making available to the public

(2) The user waives the right to be named as the author.

(3) All rights to the content of the platform are held by the operator. The user is prohibited from reproducing, distributing and/or publishing content that the operator, other users or third parties have uploaded to the platform. The distribution and/or public reproduction of any content on the platform without the consent of the operator is prohibited unless expressly permitted

(4) Your mandatory statutory rights (including reproduction for private and other personal use in accordance with Section 53 UrhG) remain unaffected.

16. prohibited activities

(1) You are prohibited from any activities on or in connection with the portal that violate applicable law and infringe the rights of third parties. In particular, you are obliged to design your profile details or advertisements in such a way that they do not violate criminal laws or other property rights within the scope of the portal offer. The following is also prohibited:

- harassing other participants, e.g. by contacting them personally several times without or contrary to the reaction of the other participant, as well as encouraging or supporting such harassment;

- requesting other participants to disclose passwords or personal data for commercial or illegal or unlawful purposes;