EVENTS
Section 1 Scope and contracting party
1.1. SensualBooth (hereinafter the “provider”) organizes events in an exclusive context (hereinafter the “event”) The provider operates a website under the domain www.sensualbooth.com , on which the events are advertised and where reservations for participation in events as well as related services can be made (hereinafter the “website”) Occasionally, reservations for events that are organized by third parties (hereinafter “third-party providers”) can be made on the website. Both the organization and the implementation of these events are conducted under the exclusive responsibility of the third-party providers. The liability of the provider in connection with reservations for and participation in events of the third-party providers is excluded.
1.2. These general terms and conditions of business (hereinafter the “T&Cs”) apply to the contractual relationship between the provider and the user who makes a reservation for participation in an event (hereinafter the “event participant” or “user”).
1.3. In the context of the registration on the website, the user acknowledges these T&Cs in the version applicable at the time of registration. Exclusively these T&Cs apply for the contractual relationship between the provider and the event participant. If an event participant is a member of the Castleevent community, the community T&Cs stipulated for the community apply in connection with the community.
1.4. In order to be binding, all oral and telephone agreements must be confirmed in writing. The requirement for written form is also fulfilled when a declaration is contained in an email.
Section 2 Conclusion of a contract and scope of services
2.1. The services and products listed on the website do not represent any binding offers for the conclusion of a contract. The offer to enter into a contract originates with the user when the stipulated forms are completely filled in and the “enter” button is clicked. The user is bound by the order for 2 weeks. The contract is concluded with binding effect when the provider accepts the reservation in accordance with section 3 within this period.
2.2. After sending the reservation, the user will receive an automated email confirmation of the receipt of the reservation by the provider (confirmation of reservation). The confirmation of reservation serves only to inform the user that the provider has received the reservation.
2.3. A contract comes into effect only when the provider declares its acceptance of the contract. The provider declares its acceptance of the contract by billing the user or confirming the acceptance of the contract by email (confirmation of order).
2.4. The contract comes into effect only for those services that are expressly specified in the invoice or confirmation of order. The scope of services also results definitively from this.
Section 3 Event reservation
3.1. The specific terms and conditions of participation for the respective events can vary and are displayed in the detailed descriptions of the events on the website. Generally, however, only ladies and couples, consisting of a man and a woman, can register for and take part in an event.
3.2. Only members of our castleevents.com community are alowed to apply for a participation for our events. Membership of the community at castleevents.com is no guarantee of participation in an event and does not establish any right to participate in a specific event. We reserve the right of admission.
3.3. Identification / Authentication
a. In the process of making a reservation for an event, the user has to provide fully and truthfully their correct civil name, their current address, and a valid email address.
b. In order to preclude abuse, the provider reserves the right to demand from the user before granting them admission to the event identification in the form of a valid, official identification document (e.g. identity card) and/or a personal photo and to make copies of this.
c. Reservations to participate in an event as a couple must be made by a woman and a man. When making a reservation as a couple or a reservation for other persons (e.g. lady companion), agreement with these T&Cs is given by both or all persons. The person who makes the reservation is responsible for ensuring compliance with the contractual obligations (especially for the payment of the invoice amount) of the other persons as well as for their own obligations.
3.4. Age restriction
Participation in an event by persons who have not yet reached the age of 21 is precluded. Should more extensive age restrictions result from country-specific features, these shall apply.
3.5. Commitment and changes of address
The user affirms and guarantees that they are entitled to enter into this contract with all the rights and duties arising from it. The user affirms that the personal details provided by them as part of the offer or the conclusion of the contract and other facts related to the contract are correct and complete. The user undertakes to inform the provider each time without delay of any change of address or other information related to the contract. Upon the relevant request of the provider, the user has to furnish proof that the information is correct. If the information provided by the user is incomplete or incorrect, the provider is entitled to rescind any contract that may already have been concluded. Any invoice amount already received shall in this case be reimbursed less compensation at a flat rate of 50% of the amount. More extensive claims of the user for compensation are excluded. The provider reserves the right to assert additional damages.
3.6. Non-transferability of the event reservation
The contractual services of the provider may only be obtained by persons in whose name the services have been reserved and accepted by the provider with the acceptance of the contract (section 2 clause 3 of these T&Cs). A transfer of event tickets to or the procurement of services by other persons is precluded without the prior written consent of the provider.
3.7. Rejection without indication of the reasons
The provider can refuse individuals participation in an event at its own discretion without indicating the reasons for that. In this case, any invoice amount already paid will be reimbursed. More extensive claims for compensation are excluded. The regulation in section 11 of these T&Cs is reserved.
Section 4 Payment of the invoice amount
4.1. It is a precondition for participation in an event that the amount for the services reserved (“invoice amount”) is paid on time. Unless otherwise indicated on the website, on the invoice or in the confirmation of order or warranted in writing by the provider, the payment must be received in the account of the provider within 8 days of the conclusion of the contract. Payment at the location of the event is precluded.
4.2. It is possible to pay the invoice amount by bank transfer or online by credit card (VISA, MasterCard or American Express). Costs related to the payment method, especially giro and bank fees, are borne by the user.
4.3. If the invoice amount cannot finally be credited on account of insufficient credit card cover or funds in the account or is reversed for other reasons, the provider is entitled to charge compensation at a flat rate of CHF 100 for return debit charges.
4.4. The flat rate compensation in section 4 clause 3 applies only when higher damages have not been incurred in the individual case. More extensive statutory rights remain unaffected.
4.5. The event participation is entitled to rights of offset and retention only insofar as their claim is res judicata or undisputed.
Section 5 Deregistration and cancelation of events
5.1. The implementation of the events depends on a certain minimum number of participants. If the minimum number applicable for an event is not reached, then the provider is entitled to forgo the implementation of the event and to notify this to the registered users by no later than two weeks before the event date. Payments that have already been made will be refunded in this case. More extensive claims for compensation are excluded.
5.2. If a service cannot be provided or cannot be provided in full for other reasons for which the operator is not responsible, e.g. on account of force majeure, no claim exists to reimbursement of payments already made.
5.3. Registration for an event is binding in principle. If the user does not participate in the event (fails to attend), no claim exists for reimbursement of the invoice amount paid. Reimbursement is also precluded if participation in the event has not been possible for example for professional or personal (especially also health) reasons or reasons of force majeure.
Section 6 Conduct at the event
6.1. The event participants undertake to abide by the applicable laws of Switzerland and of the respective venue location as well as the regulations and codes of conduct laid down in these T&Cs as well as in any house rules that may apply for the venue, in particular sections 6 to 9 of these T&Cs.
6.2. In order to guarantee event participants high-quality esthetics, beauty and anonymity, the event participants are carefully preselected. It is expected of them that they behave in the community with propriety, respect and tolerance for other event participants. Event participants are prohibited from arriving at the event under the influence of alcohol. Event participants will be warned to control their alcohol consumption during their participation at the event.
6.3. It is left to the event participants to get into contact with other guests at the event. The payment of the ticket price does not create an obligation for the event participants to establish contacts or to accept a contact created or requested by a third party. A “no” from the event participant contacted is to be respected as a “no” without further discussion. Preferences of other event participants are to be accepted, event participants are politely to refrain from giving disparaging looks or making inappropriate remarks.
6.4. Should an event participant be expelled from the event, their partner is also obligated to leave the event. No claim exists for reimbursement.
6.5. The observance of absolute discretion is of the utmost importance. All users are obligated to maintain confidentiality under the terms of section 9.
6.6. The user notes that absolute quiet shall prevail during any ceremony that may take place and accordingly no conversation may be held between the participants during this time. Before the ceremony commences and after it is completed, conversations and the establishment of contacts between the event participants is naturally permitted, even desired.
6.7. Each event participant is obligated to adhere to the house rules of the respective event. Should these rules stipulate a ban on smoking in the premises and/or the overnight accommodation on offer, this ban is to be strictly obeyed. Cigarettes in the smoking areas have to be disposed of in the ashtrays provided.
6.8. The provider provides contraceptives (condoms) for all participants. The provider assumes no liability for any consequences resulting from sexual contacts, in particular infection with a disease or in the case of pregnancy.
6.9. All participants are prohibited from offering or performing sexual acts for payment at the event.
6.10. All participants are prohibited from taking with them to the event drugs or narcotics within the meaning of sections 1 and 7 of the Narcotics Law or (raw) substances that are suitable for their manufacture, handing them to or receiving them from another person on the premises or in the immediate vicinity, especially in the parking area, in the checkroom, in the bathrooms, etc., from keeping them or arranging for them to be kept, hiding them or arranging for them to be hidden, from selling, offering or consuming them on the premises or in the immediate vicinity. The same shall apply if participants take part in the event under the influence of drugs or narcotics that have been ingested beforehand.
6.11. The event participants are prohibited from directly or indirectly enticing, recruiting or otherwise engaging employees or proxies of the provider or taking measures with this aim before, during or after the performance of an event.
6.12. Without the prior written consent of the provider, event participants are not permitted before, during or after the performance of an event to advertise, offer, distribute, sell services and products of third parties that are in competition with those of the provider or to support a third party directly or indirectly in activities of this kind.
6.13. The event participants are prohibited from engaging in sexual activities with the employees of the provider.
Section 7 Dresscode
7.1. The provider can adapt the dress code of individual events to the circumstances. Information on the dress code of each event will generally be published by the provider on the website with the announcement of the event. If there are any uncertainties concerning observance of the dress code, it is the responsibility of the user to get in contact with the provider in good time.
7.2. Adherence to the applicable dress code is a duty of the user. If the dress code is not observed, the provider is entitled to refuse event participants entry or to expel event participants from the event after they have already been granted admission.
Section 8 Photographs and film recordings
8.1. An event photographer selected by the provider will take souvenir photos at the request of the event participants. If the premises offer this possibility, the provider can set up a special photo/video room for souvenir photos or films at the event. This photo/video room would be advertised and very clearly signaled for reasons of safety and discretion. By entering the photo/video room, the event participant issues their consent that they can be filmed or photographed and the recordings can be published in the area on the website of the provider that is accessible exclusively to members of the Castleevents community. If permissible, the participant further declares that they waive the assertion of all claims, in particular those under civil, criminal or copyright law.
8.2. Devices capable of taking photos, such as cellphones, photo equipment and cameras of all kinds, etc., may not be taken into events and are to be handed in at the checkroom.
8.3. The event participants themselves are strictly prohibited from photographing, filming and taking snapshots or other recordings (including audio recordings) with any kind of technical device (video, digital, DVD, IMD cameras as well as cellphones) before, during and after an event. This shall also apply for the entire premises of the respective event itself as well as for the areas directly or indirectly connected with the premises, such as parking areas, changing rooms, foyers, etc. In the event of a breach of this regulation concerning discretion, the technical device used will be confiscated by the security personnel of the organizer, the recording(s) deleted and the device handed back to the offender when they leave the event. . The liability of the provider and its proxies for damage to the technical devices that may occur and the contents stored on it is excluded, unless the damage was willfully caused. If it is not possible to delete the recording(s) in question for technical or other reasons, the provider reserves the right to confiscate the relevant storage media. In addition, the provider can immediately ban the culpable party and their companion from entering the venue. The right to take steps under civil and criminal law is reserved for the provider as well as the persons whose personal or other rights have been violated.
Section 9 Confidentiality
9.1. The fact that conversations concerning membership take place between the provider and the user (both hereinafter the “parties”) as well as with selected other people, and the contents of these conversations as well as all information that the parties disclose in connection with a reservation or membership or that is otherwise discerned within the framework of a reservation or membership or at an event (hereinafter summarized as the “data”) are considered confidential and may not be disclosed to third parties under any circumstances. This shall apply in particular for:
a. the information marked or identifiable as confidential that relate to the parties, such as private, business, financial, sexual or technical information in analog or digital form as well as data concerning processes, operating methods or other know-how.
b. all information on the place and location of the events as well as all information about natural and legal persons, such as in particular information of other members and their (life) partners, suppliers, representatives or contracting parties of the provider, irrespective of how the information came to be known by the user. c. all images or video material that the user discovers on the website or is sent by the provider or other users.
9.2. Confidentiality shall apply irrespective of whether the information is recorded in documents, drawings, plans, photos or films or other data storage media of whatever kind (with digital or analog recordings) or have been perceived visually or acoustically, as well as in particular irrespective of whether this information is legally protected or not.
9.3. The confidentiality agreement does not apply to information
a. that is generally accessible,
b. that was already publicly known at the time it was communicated to the other party,
c. becomes publicly known after being communicated to the other party through no fault of the other party.
9.4. The parties undertake:
a. To treat all information as confidential;
b. Not to inform a third party of or make available to them any information or parts thereof without the prior written consent of the other party or of another member. Exceptions are the proxies, namely employees and agents, of the provider as well as any third parties engaged by the provider, who are directly involved in the purpose of this agreement or in the implementation of events, as well as existing and potential new partners with which discussions or negotiations on cooperation or the implementation of events are held after this agreement has been accepted, and who (subject to discussions/negotiations already held earlier) have signed a similar confidentiality agreement.
c. To ensure that all proxies and agents of the provider or (life) partner of the user as well they themselves are obligated to comply with the provisions of this agreement and to monitor compliance with this obligation.
d. To take all other precautions in order to guarantee confidentiality, in particular to protect the information from access, use as well as unlawful acquisition by unauthorized third parties.
9.5. The parties are additionally aware that they and their (life) partner, proxies/agents, etc., are subject among other things to the relevant provisions of the Data Protection Law, and declare that they know these provisions, will comply with them and will instruct their employees and (life) partner, proxies, agents, etc., accordingly.
9.6. Members of the press who want to write a report about the provider or an event have also to fulfill this confidentiality agreement. To guarantee discretion and anonymity, the report is to be approved by the provider before publication.
Section 10 Refusal of entry and expulsion from events
10.1. If the provider (or its proxies) comes to the conclusion that an event participant has violated the duty specified in section 6 clause 1 of these T&Cs, it is entitled to refuse entry to the event participant in question as well as their companion or to expel them from an event and to issue a ban on them entering the venue. The provider is additionally entitled to refuse entry to event participants or to exclude them from an event for esthetic or similar reasons.
10.2. If a person turns up at an event without a reservation confirmed by the provider or without having paid the invoice amount on time, the provider is entitled to refuse the person and any companion participation in the event without stating the reasons for this. The same shall apply when a male event participant whose reservation has been confirmed by the provider and who has paid the invoice amount on time turns up at the event without a female companion or with a female companion who is not included in the reservation.
10.3. Where entry is refused or a participant is expelled from an event, the persons in question have no claim to a refund of the invoice amount or reimbursement of other costs.
10.4. The right to institute civil and/or criminal proceedings against the culpable event participant is reserved for the provider as well as for persons affected by the culpable behavior.
Section 11 Liquidated damages
11.1. In the event of the violation of the provisions stated in section 6, section 8 and section 9 of these T&Cs, the event participant has to pay the provider liquidated damages of CHF 10,000.00.
11.2. The payment of the liquidated damages does not release the user from further compliance with the contractual obligations, in particular the confidentiality obligations. Claims for compensation of damages that exceed the amount of the liquidated damages are reserved.
Section 12 Liability
12.1. Participation in events of the provider is undertaken under the participant’s own responsibility.
12.2. The event participants shall be liable for all damage caused by them, especially to the property of the provider or of third parties. This shall apply especially also for the loss of or damage to rented capes. If rented capes are lost or damaged, the hirer has to pay compensation of a fixed sum of CHF 240.00, EURO 200
12.3. The provider assumes no liability for any personal effects that event participants may have brought with them; this applies especially for theft, damage or loss.
12.4. Liability for damage that is caused by proxies or agents is excluded.
12.5. The liability of the provider for indirect and consequential damages is excluded if this is permitted by law.
12.6. Any liability of the provider is, if this is permitted, limited to a total of two times the invoice amount.
12.7. The liability of the provider for willful intent, gross negligence, personal injury and pursuant to mandatory statutory regulations is not affected by the above limitations of liability. The same shall apply in the case of negligent violation of material contractual obligations (material contractual obligations are obligations that are essential for the fulfillment of the contract and compliance with which the contracting party can routinely depend on), however on condition that the liability in these cases is limited in total to two times the invoice amount.
Section 13 Final provisions
13.1. Amendments and supplements to the T&Cs The provider the right to amend or supplement the T&Cs at any time. In this event, the revised version will be published on the website and the users will be informed of this by email. If the user does not object to the amended or supplemented T&Cs within four weeks of their publication or communication by email, then the amended or supplemented conditions will become effective. If the user raises an objection within four weeks of their publication, then the provider is entitled to terminate the contract at the time at which the amended or supplemented T&Cs are scheduled to come into force.
13.2. Severability clause
Should individual provisions of these T&Cs be invalid or incomplete or should it become impossible to fulfill them, then this shall not adversely impact the validity of the other provisions. The contracting parties undertake to replace the invalid provision with a permissible valid regulation, the content of which most closely approximates the original intent and the commercial purpose pursued by it.
13.3. No waiver
The non-enforcement of any provisions by the provider at any time has no influence at all on the right to enforce these at a later time, unless the provider has issued an express written waiver.
13.4. Language
The original German version of this contract can be translated into other languages. In the event of any inconsistency or discrepancy between the German version and other language versions of this contract, the German version shall prevail.
13.5. Venue and applicable law
a. Nigerian law shall apply for these T&Cs and all legal relations between the user and the provider, provided there is no conflict with mandatory provisions of foreign law.
b. The courts at the registered office of the provider shall “if permitted by law” have exclusive jurisdiction over the judgment of all disputes arising from and in connection with this contract for whatever legal reason. The provider can also bring suit against users at other venues provided for by the applicable law. Mandatory venues in departure from this remain reserved.
Section 15 Data protection
All applicable data protection can be find under our data protection link
COMMUNITY
Section 1 Scope and contracting party
1.1. SensualBooth (hereinafter the “operator”) operates an exclusive communication platform for registered members (hereinafter the “community) under the domain www.castleevents.com. The community relates to the events organized by the operator and in particular enables exchanges between members who take part or wish to take part in these events.
1.2. These general terms and conditions of business (hereinafter the “T&Cs”) apply to the contractual relationship between the operator and the user who registers for membership in the community (hereinafter the “user”).
1.3. In the context of the registration on the platform, the user acknowledges these T&Cs in the version applicable at the time of registration. Exclusively these T&Cs apply for the contractual relationship between the operator and the user of the community.
1.4. In order to be binding, all oral and telephone agreements must be confirmed in writing. The requirement for written form is also fulfilled when a declaration is contained in an email.
Section 2 Registration as a member of the community
2.1. Community membership and the related creation of a user account are necessary to access the communication platform. This consists of a user name and a password (“login details”). The user can select a pseudonym as a user name. In the context of the registration, however, the user must fully and truthfully give their correct civil name, their current address and a valid e-mail address. Only the user name is visible to other users, never the civil name or the address details of the user.
2.2. The operator offers the following types of community membership:
a. Couple membership: The user can register together with their partner as a couple. Agreement with these T&Cs is regarded as given by both members. The person who carries out the registration has to vouch for the compliance of the partner with the contractual duties as well as for their own obligations. Registration for membership as a couple must be made by a male and a female party. Couples can view party reviews, visit other profiles and view pictures of other members as the same amount they upload in their profiles, communicate with limited number of messages with other couples or with other members. In order to continue this communication an upgrade to premium membership will be needed.
b. Lady membership: Single women can apply for membership as a “Lady”. A lady can contact gentleman members. Furthermore, Premium members can contact ladies. A Lady has the possibility to apply as a free member, whereupon she can be contacted by Premium members.
c. Gentleman membership: Single men can apply for this type of community membership. A gentleman can be contacted by Premium members. As a Premium member he can contact ladies, couples and gentleman.
d. Premium membership: Couples, ladies and gentlemen can request premium membership. Premium members can enjoy premium services for a higher annual subscription. No right exists to the assignment of premium membership. The granting of premium membership is at the discretion of Castleevents. The minimum duration of premium membership is two years.
The individual structure and features of the different membership can be found at the following link. https://www.castleevents.com/shop/membership
2.3. The annual membership fee is
1. Membership Couple:
2. Membership Lady:
3. Membership Gentleman:
4. Membership Premium 2.4. Age restriction::
Community membership is only open to those aged 21 and over. Should more extensive age restrictions result from country-specific features, these shall apply.
2.5. Identification / Verification
a. In order to preclude abuse, the operator reserves the right to demand from the user a valid, official identification document (e.g. identity card) and/or a personal photo for identification purposes.
b. The operator can refuse to register users at its own discretion without indicating the reasons for that.
Section 3 Payment of the membership fee:
3.1. As soon as the operator has the necessary documents in order to verify a community user account and the registration is approved, the operator sends the user a request by email to pay the membership fee within 7 days into the account indicated. If the user chooses to pay by bank transfer, they will be informed that they should until their verification has been completed before making the payment. This will be notified to the user in the invoice that they receive by email and also on the website. Should the user overlook this notification and make payment, but the verification produces a negative result for whatever reason, then the full amount would be refunded to them.
3.2. It is possible to pay the membership fee by bank or giro transfer or online by credit card (VISA, MasterCard or American Express). Costs related to the payment method, especially giro and bank fees, are borne by the user.
3.3. The user undertakes to pay the amount within the period indicated by the operator. The user provides their credit card details, but the amount will be debited from their account only after successful verification. Up to this time, the booking is regarded only as “reserved”, similar to the procedure known from hotel reservations.
3.4. The annual fees are debited or invoiced automatically the following year unless notice of termination of membership has been given in the specified time limit (see section 10 below).
3.5. If the amount to be paid by the user cannot finally be credited on account of insufficient credit card cover or funds in the account or is reversed for other reasons, the operator is entitled to charge the user compensation at a flat rate of CHF 100 for return debit charges.
3.6. The flat rate compensation in section 3 clause 3 applies only when higher damages have not been incurred in the individual case. More extensive statutory rights remain unaffected.
3.7. The user is entitled to rights of offset and retention only insofar as such claims are res judicata or undisputed.
3.8. The community user account is activated as soon as the relevant incoming payment has been booked. The user will receive a separate email for this purpose that notifies them of the activation of the community user account. The user should transfer the membership fee only when the verification process has been positively conducted, upon which we will activate their user profile after payment has been received.
Section 4 Rights and duties of the community members
4.1. Membership commences when the community user account is activated. The user then becomes a member of the exclusive online community of castleevents.com. The user receives access to the galleries of party photos and videos of past events. Other advantages of membership include (but are not limited to) application and registration for an event, participation in events of third-party providers, birthday coupons for Venetian masks with a value of up to EUR 50 and, where applicable, the acquisition of discounted admission.
4.2. The user gains the opportunity to use the platform to communicate with other members. The number of contacts is limited to 50.
4.3. The user can choose in the privacy settings whether their content is visible to others or not. Registration as a member and admission into the community is not a guarantee of participation in an event. The separate Event T&Cs apply for participation in events. Unless otherwise stipulated in these terms and conditions, it is generally applicable, however, that
a. Registered couples and registered ladies can register for events;
b. A registered gentleman can participate in an event only when accompanied by a lady.
4.4. The user affirms and guarantees that they are authorized to enter into this contract and to comply with its provisions. They additionally affirm and guarantee that they will at all times meet their obligations arising from the contract as well as comply with all laws, regulations and directives that may apply. The user affirms that the personal details provided by them as part of the offer or the conclusion of the contract and other facts related to the contract are correct and complete. The user undertakes to inform the operator each time without delay of any change of address or other necessary information and to amend immediately the information in the “user profile” page on the website. Upon the relevant request of the operator, the user has to furnish proof that the information is correct. If the user’s details are incomplete or incorrect, the operator is entitled to block access immediately. Any reimbursement is precluded.
4.5. Each user may register only once as a member. Membership is absolutely personal. The user is obligated to handle their login details with due care and to prevent any misuse of their login details by third parties. Without the express consent of the operator, the user is not entitled to transfer their membership or user account to a third party. Without the express consent of the operator, the user is not entitled to allow third parties access to the community by using the user’s login details.
Section 5 Use of the community and code of conduct
5.1. In order to guarantee members high-quality esthetics, beauty and anonymity, members are carefully preselected. It is expected of them that they behave in the community with propriety, respect and tolerance for other members.
5.2. It is left to the members of the community themselves to contact other guests. Registration as a member does not create any obligation to establish contacts or to accept a contact created by a third party. A “no” from the member contacted is to be respected as a “no” without further discussion. Preferences of other members are to be accepted, users are politely to refrain from inappropriate remarks.
5.3. Improper, coarse behavior and contraventions of the most elementary rules of propriety reasonably to be expected from the community, prostitution and any offer of sexual relations in return for payment as well as non-compliance with these T&Cs can lead to immediate exclusion from the community. The right to take steps under civil and criminal law is reserved for the parties concerned and the operator.
5.4. The user undertakes when using the community to comply with applicable law (e.g. criminal law) and not to violate any rights of third parties (e.g. name and trademark rights, copyrights, personal and data protection rights). This means in particular that the user may not send any messages containing advertising without the consent of the recipients (especially: spam messages). Users are also prohibited in particular from collecting contact information for advertising purposes. Violations will be prosecuted under civil and criminal law. Be banned or blocked by provider can be made at any moment under this or any other term of provider consideration at any moment.
5.5. When using the community, the user has the opportunity to create their own content (texts, pictures, etc.). The user undertakes when producing and using content of this kind to comply with applicable law (e.g. criminal law) and not to violate any rights of third parties (e.g. name and trademark rights, copyrights, and data protection rights). In the event that the content includes hyperlinks to sites of third parties, the user warrants that they are authorized to use the hyperlink and that the website that is linked to (“landing page”) is compatible with applicable law and third party rights within the meaning of sentence 2.
5.6. The user grants the operator a right that is unlimited in time and space, irrevocable and transferable to third parties “but not exclusive” to present the posted content within the framework of the community. This granting of rights encompasses in particular the right to make the content publicly accessible. This is necessary so that the operator can be entitled at all times to present the user’s content in the community and thus to design the character of the community as a communication platform. Approval can be revoked should the user embed content through a hyperlink to the community (e.g. from blogs). When the content is no longer online on the linked website, the granting of rights then also lapses.
5.7. The operator is entitled at any time to block access to specific content, e.g. when the suspicion arises that this content violates applicable law or the rights of third parties.
5.8. The rights in the portal (especially copyrights) lie with the operator. The user is obligated to take this into account and undertakes themselves not to use “privately or commercially” any content of whatever kind beyond the possibilities granted to them as part of the use of the community.
5.9. The user must refrain from any activity that is capable of adversely impacting and/or overloading the operation of the portal or the underlying technical infrastructure.
- All users are obligated to maintain confidentiality under the terms of section 6.
5.11. The operator makes the different data input by the users themselves available to other users in anonymous form. The user can decide when processing their profile which data are to be made available for the information of other users.
5.12. At the request of the user, the operator can log in to the user’s profile and, for example, book events on their behalf.
Section 6 Confidentiality
6.1. The fact that conversations concerning membership take place between the operator and the user (hereinafter jointly the “parties”) as well as with selected other people, and the contents of these conversations as well as all information that the parties disclose in connection with registration or membership or that is otherwise discerned within the framework of registration or membership or at an event (hereinafter summarized as the “data”) are considered confidential and may not be disclosed to third parties under any circumstances. This shall apply in particular for:
a. the data marked or identifiable as confidential that relate to the parties, such as private, business, financial, sexual or technical data in analog or digital form as well as data concerning processes, operating methods or other know-how.
b. all data on the place and location of the events as well as all data about natural and legal persons, such as in particular data of other members and their (life) partners, suppliers, representatives or contracting parties of the operator, irrespective of how the data came to be known by the user.
c. all images or video material that the user discovers on the website or is sent by the provider or other users.
6.2. Confidentiality shall apply irrespective of whether the data are recorded in documents, drawings, plans, photos or films or other data storage media of whatever kind (with digital or analog recordings) or have been perceived visually or acoustically, as well as in particular irrespective of whether these data are legally protected or not.
6.3. The confidentiality agreement does not apply to data
a. that are generally accessible,
b. that were already publicly known at the time they were communicated to the other party,
c. become publicly known after being communicated to the other party through no fault of the other party.
6.4. The parties undertake:
a. To treat all data as confidential;
b. Not to inform a third party of or make available to them any data or parts thereof without the prior written consent of the other party or of another member. Exceptions are the proxies, namely employees and agents of the operator as well as any third parties engaged by the operator, who are directly involved in the purpose of this agreement or in the implementation of events, as well as existing and potential new partners with which discussions or negotiations on cooperation or the implementation of events are held after this agreement has been accepted, and who (subject to discussions/negotiations already held earlier) have signed a similar confidentiality agreement.
c. To ensure that all proxies and agents of the operator or (life) partner of the user as well they themselves are obligated to comply with the provisions of this agreement and to monitor compliance with this obligation.
d. To take all other precautions in order to guarantee confidentiality, in particular to protect the data from access, use as well as unlawful acquisition by unauthorized third parties.
6.5. The parties are additionally aware that they and their (life) partner, proxies/agents, etc., are subject among other things to the relevant provisions of the Data Protection Law, and declare that they know these provisions, will comply with them and will instruct their employees and (life) partner, proxies, agents, etc., accordingly.
6.6. Members of the press who want to write a report about the operator or an event have also to fulfill this confidentiality agreement. To guarantee discretion and anonymity, the report is to be approved by the operator before publication.
Section 7 Violations of the code of conduct and confidentiality
7.1. Liquidated damages of CHF 10,000 and immediate exclusion from all events and the community are to be imposed for violations by the user of the rules specified in section 5 and section 6.
7.2. The payment of the liquidated damages does not release the user from further compliance with the contractual obligations. Claims for compensation of damages that exceed the amount of the liquidated damages are reserved.
Section 8 Data protection
The separate privacy agreement of the operator applies with regard to data protection.
Section 9 Availability of the website
9.1. Access to the community is in principle provided to the user 24 hours a day. The user is aware, however, that errors can creep in even when software development, website programming and maintenance are conducted carefully, such that the operator cannot vouch for the 100% availability of the service or accessibility of the website.
9.2. The operator assumes no liability for the uninterrupted availability of the system or for system related failures, interruptions and faults of the technical equipment and the service of the operator. The operator shall in particular not be liable for faults in the quality of access to the service of the operator on account of force majeure or on account of events for which the operator is not responsible, in particular the malfunction of communication networks and gateways. The operator assumes no liability for minor interruptions of the service.
9.3. The operator reserves the right to temporarily suspend or to restrict the services for maintenance, security or capacity reasons.
9.4. The operator shall not be liable for defects and faults for which it is not responsible, in particular not for security defects and operating failures of third-party companies (e.g. providers) with which it collaborates or on which it depends.
9.5. The operator furthermore shall not be liable for force majeure, inappropriate action and disregard of the risks on the part of the user or third parties, overloading, unsuitable equipment on the part of the user or third parties, extreme environmental influences, interventions of the user or disruptions by third parties (viruses, worms, etc.) that arise despite the necessary current safety precautions.
9.6. The operator shall inform the user of the website of data protection and other risks as well as of any safety precautions that the user has to observe.
9.7. The operator assumes no liability for damage that the user incurs as a result of the content of the information published by the website or the transmission of information on the Internet or by email.
9.8. The operator shall not be liable for breaches of duty by the user with regard to another user on account of contracts concluded between them.
9.9. Under no circumstances does the operator assume any liability toward users for direct or indirect damages or prejudice that result from the use of the website.
9.10. The user has to note that it is difficult to authenticate Internet users. The operator has no control over the correctness and reliability of information that is exchanged between users or is recorded or input by the user as a profile in the database. The operator offers no guarantee that all users actually possess the identity that they provide. The operator can therefore not assume any responsibility for this information. Liability for this is excluded in any event.
9.11. Users can input incorrect information or use the system of the operator for other illegitimate or illegal purposes even when this is prohibited. Any liability of the operator for the illegitimate or illegal use of the website is excluded.
9.12. Rights
All rights in programs, services, processes, software, technologies, trademarks, trade names, inventions, photos, films or film sequences and all materials that belong to the operator, in particular that are or have been published on the website, belong exclusively to the operator. The operator is the owner of all copyrights in the above mentioned rights if a third party is not entitled to the copyright. The reproduction, circulation, processing, alteration, storage or transfer to other data storage media or equipment of the programs, services, processes, software, etc., is not permitted. The operator reserves the right to amend or supplement the homepage or its contents without notice.
Section 10 Termination of membership and exclusion from the community
10.1. Each user is entitled at any time and without indicating their reasons to terminate their membership and to rescind the contractual relationship by giving the operator a written notice (by email to sensualbooth@gmail.com) with 2 months’ notice to the end of the membership.
10.2. Upon termination, the data set stored for the user’s profile will be deleted. Certain content that is not stored in the users profile, such as the content of messages to other users, can, however, be retained even after termination.
10.3. When the user terminates their membership, they waive the use of the services subject to a fee that they have not yet used, i.e. the user receives no, also no pro rata, reimbursement of payments already made.
10.4. If the membership is not terminated 60 days before the expiry of the one-year period that began on the day that membership was confirmed, the contract is automatically renewed for a further year.
10.5. The operator is entitled to exclude a user and to terminate their membership in the event of a breach or contravention by the user of the T&Cs or the statutory regulations and especially in the case of misconduct on the website or at an event. The operator furthermore reserves the right to exclude members of the community from an event or the community for esthetic or other reasons.
10.6. The operator is entitled at any time to suspend the services offered in full or in part. Any reimbursement of membership fees is precluded.
Section 11 Final provisions
11.1. Amendments and supplements to the T&Cs The operator reserves the right to amend or supplement the T&Cs at any time. In this event, the revised version will be published on the website and the user will be informed of this by email. If the user continues to use the community, this shall be synonymous with the acceptance of the provisions and conditions of the revised T&Cs. If the user does not object to the amended or supplemented T&Cs within four weeks of their publication or communication by email, then the amended or supplemented conditions will become effective. If the user raises an objection within four weeks of their publication, then the operator is entitled to terminate the contract at the time at which the amended or supplemented T&Cs are scheduled to come into force.
11.2. Severability clause
Should individual provisions of these T&Cs be invalid or incomplete or should it become impossible to fulfill them, then this shall not adversely impact the validity of the other provisions. The contracting parties undertake to replace the invalid provision with a permissible valid regulation, the content of which most closely approximates the original intent and the commercial purpose pursued by it.
11.3. No waiver
The non-enforcement of any provisions by the operator at any time has no influence at all on the right to enforce these at a later time, unless the operator has issued an express written waiver.
11.4. Language
The original English version of this contract can be translated into other languages. In the event of any inconsistency or discrepancy between the English version and other language versions of this contract, the English version shall prevail.
11.5. Venue and applicable law
a. Nigerian law shall apply for these T&Cs and all legal relations between the user and the operator, provided there is no conflict with mandatory provisions of foreign law.
b. The courts at the registered office of the operator shall “if permitted by law” have exclusive jurisdiction over the judgment of all disputes arising from and in connection with this contract for whatever legal reason. The operator can also bring suit against users at other venues provided for by the applicable law. Mandatory venues in departure from this remain reserved.
Section 12 Newsletter/ Notification Emails
To provide the best service we send you weekly and/ or monthly newsletters with the latest information about your account, our community & events. Herefore are choosen interesting profiles per week which we promote (including showing their public published profile avatar foto) due to their visibility within the community. The newsletter is exclusively send to our members and should not be resend to any other person.
While agreeing the terms & conditions during the process of registration you agree the receiving of our newsletters and the notification emails including all activities about your profile (site visits/ messages/new contacts etc) and furthermore the use of your data for this internal purpose as for the promotion on our main homepage or the newsletter promotion. This data is used to gain more visibility for our selected members.