Terms and Conditions
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Donder & Bliksem B.V.
Waterpolder 2A
9992 Maldegem België
KBO nr: 0790.852.480
BTW nr: BE0790.852.480
(hereinafter referred to as “Creampie-Queens.com“)
Preamble
Creampie-Queens.com. offers users access to erotic images, videos (hereinafter referred to as “Content”) via the portal Creampie-Queens.com which can be accessed on the Internet.
1. Prerequisites for use and registration:
1.1 By using or making use of all content and services offered by Creampie-Queens.com (hereinafter referred to as “services”), the user accepts these GTC and the provisions on data protection. These provisions apply exclusively. There are no verbal collateral agreements.
1.2 Accessing and visiting the “Creampie-Queens.com start pages” is free of charge and possible without prior registration. The only costs incurred are those for the internet connection.
1.3 The other services, in particular the services subject to the age restriction from 18 (hereinafter referred to as “18er services”), are reserved for members of Creampie-Queens.com. To become a member, a paid registration with Creampie-Queens.com is required (see section 2 “Memberships”).
1.3.1 Registration with Creampie-Queens.com is only permitted to users who have reached the age of 18 and have a valid email address.
1.3.2 By registering online, the user makes an offer to conclude a contract for a paid membership.
1.3.3 Creampie-Queens.com accepts the User’s offer by notifying the User by email that it is now possible for the User to log in with his or her personal user name and password and to access the services of Creampie-Queens.com.
1.4 For reasons of protection of minors, the registered user will only be granted access to the 18s services (closed user group) after successful age verification. For this purpose, it is mandatory that the user undergoes age verification after logging in for the first time.
1.5 The user must provide complete and truthful information during registration and age verification. The user must notify Creampie-Queens.com without delay of any subsequent changes to his/her data (this also includes the email address).
1.6 The use in or under the name of a third party – without their consent – as well as the multiple registration of a user under different names is not permitted.
1.7 Creampie-Queens.com offers its services exclusively for private, non-commercial purposes. The use of the service for commercial purposes is not permitted.
2. Memberships and contract duration:
2.1 Creampie-Queens.com offers the User the following memberships with different terms and different services:
2.1.1 the trial membership with a maximum contract period of 7 days;
2.1.2 the 30-day membership with a maximum contract period of 30 days ;
2.1.3 the 6-month membership with a maximum contract period of 6 months ;
2.1.4 the 12-month Membership with a maxium contract period of 12 months ;
2.2 The descriptions of the areas and services accessible by purchasing the respective membership (hereinafter referred to as “service descriptions”) can be viewed at Creampie-Queens.com. Creampie-Queens.com reserves the right to change the service descriptions and accessible services, provided that the User is not unreasonably disadvantaged by the change.
3. Duties of the User:
3.1 The User undertakes to comply with the general legal provisions when using the services of Creampie-Queens.com, not to disseminate any contents relevant under criminal law and not to infringe other rights of third parties (in particular industrial property rights, competition law and general personal rights). In particular, the dissemination of content harmful to minors, child pornography, extremist and racist content is prohibited.
3.2 The user must keep his login only for personal use and in such a way that third parties cannot gain access to this login. The user must ensure confidentiality and proper use. The login can be used from different computers, however, the user declares that he/she will not log in from several computers at the same time.
3.3 The User must in particular ensure that minors are not allowed to view the 18 services of Creampie-Queens.com.
3.4 The User is responsible for ensuring that the content he/she posts is free of viruses, Trojans and worms. Furthermore, the user is not allowed to use mechanisms, software, programs or other routines that could interfere with the systems of the “Creampie-Queens.com website and services”. The user may not take any measures that could lead to an unreasonable overload of the systems.
3.5 Creampie-Queens.com is entitled to immediately block the user’s access without further notice even in the event of a first-time breach of the obligations under sections 3.1 to 3.4. Creampie-Queens.com expressly reserves the right to assert a claim for damages.
3.6 Insofar as the user misuses the services of Creampie-Queens.com for commercial purposes contrary to the provisions of these GTC and/or associates his registration with business interests, he undertakes to pay a contractual penalty of € 2,000.00 (in words: “two thousand”) to Creampie-Queens.com for each proven, culpable infringement.
4. Terms of payment and invoicing:
4.1 The User is obliged to pay the fee due. The invoice amounts due are determined in accordance with the service description and price list valid at the time of conclusion of the contract, which can be viewed at Creampie-Queens.com . The total amount for the term of the membership shall be collected at the beginning of the term.
4.2 All membership information is sent electronically to the email address provided by the User. If payment by invoice is selected, the User agrees to receive invoices electronically. Electronic invoices will be sent to the user in PDF format to the e-mail address provided by the user.
5. Contract extension and termination:
5.1 The contract in question does not automatically renew; therefore, it will automatically terminate at the end of the chosen subscription period.
7. Liability:
7.1 The user indemnifies Creampie-Queens.com from any claims of third parties due to unlawful use of the “Creampie-Queens.com website and / or services” by the user. The user shall immediately inform Creampie-Queens.com of any claims by third parties due to unlawful use of the “Creampie-Queens.com website and / or services”.
7.2 The user declares that if he intentionally or unintentionally, knowingly or unknowingly allows third parties to use his access or login name, he is fully responsible for all online actions of these persons. The user shall be liable for any misuse occurring in this respect and shall bear all costs incurred as a result of unauthorized use. This also applies in particular to sales, purchases, contract extensions and the ordering of additional fee-based offers.
7.3 Creampie-Queens.com is only responsible for third-party content
7.3.1 if Creampie-Queens.com has knowledge of the illegal actions or the information and, in the case of claims for damages, also knows the facts or circumstances from which the illegal action or the information becomes apparent and
7.3.2 if Creampie-Queens.com has not taken immediate action to remove the content or to block access to it as soon as Creampie-Queens.com has gained such knowledge. The responsibility of Creampie-Queens.com for external links is governed by sentence 1. The same applies to all contents of pages which are displayed within the offer of Creampie-Queens.com in so-called “frames” under a “Creampie-Queens.comnavigation bar”.
7.4 Creampie-Queens.com is furthermore liable for damage caused intentionally or by gross negligence, claims under the Product Liability Act and in the event of injury to life, limb or health in accordance with the statutory provisions. Creampie-Queens.com shall only be liable for damages caused by simple negligence on the part of Creampie-Queens.com or its vicarious agents if a material contractual obligation has been breached, the fulfillment of which is a prerequisite for the proper performance of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the user regularly relies. In the latter case, however, UCreampie-Queens.com shall not be liable for damage that is not foreseeable and not typical for the contract.
7.5 Creampie-Queens.com is not liable for impairments, limitations or impediments to performance, as well as delays and interruptions of the services, which are based on circumstances outside its area of responsibility. In particular, Creampie-Queens.com does not guarantee uninterrupted availability and the establishment of connections at all times or the constant maintenance of a specific data throughput or the transmission of data via a specific network.
8. Final provisions:
8.1 The offers and content provided by Creampie-Queens.com are protected by copyright. The user is not permitted to download or print out this content on his/her private or commercially used computer. The user is not entitled to further acts of use, such as copying, distribution or publication.
8.2 Creampie-Queens.com reserves the right to change these GTC, the service descriptions or the price lists in order to restore the balance of the contractual relationship, insofar as this is necessary due to unforeseeable, in particular technical, legal or regulatory changes after the conclusion of the contract or has become necessary due to the fact that third parties from whom Creampie-Queens.com obtains necessary preliminary services change their range of services or their prices. A price change is limited to the scope of this cost change.
8.3 A change in accordance with clause 8.2 is only permissible insofar as essential provisions of the contractual relationship (i.e. in particular those concerning the type and scope of the contractually agreed services and the term including the provision on termination) are not affected and the change is reasonable for the User, taking into account the mutual interests of the parties.
8.4 Intended changes according to clause 8.2 – which are not exclusively due to an increase in value added tax – shall be notified to the user in writing at least 6 weeks before they take effect. If the user does not object to the change within a period of 6 weeks from receipt of the notification, the change shall become part of the contract at the time it takes effect. Creampie-Queens.com undertakes to inform the User of the consequences of a failure to object in the notification of change.
8.5 The transfer of rights and obligations under this contract by one party to one or more third parties is only permitted with the prior consent of the other party. Notwithstanding the above prohibition on transfer, Creampie-Queens.com is permitted to transfer this contract to a company affiliated with Creampie-Queens.com.
8.6 Should one or more provisions of this agreement be or become invalid or unenforceable, this shall not affect the remainder of the agreement. The invalid or unenforceable clause shall be replaced, according to the will of the parties, by a permissible and lawful clause corresponding to the economic and liability purpose of the agreement.
8.7 The law of Belgium applies to all legal transactions and legal relationships between Creampie-Queens.com and the User, excluding the UN Convention on Contracts for the International Sale of Goods, but only to consumers to the extent that the consumer is not deprived of the protection granted by mandatory provisions of the state in which he has his habitual residence.
8.8 For the out-of-court settlement of disputes, consumers have the option of online dispute resolution of the European Commission (hereinafter referred to as “OS”) via the OS platform for online purchase and service contracts. This can be accessed via the following link: http://ec.europa.eu/consumers/odr/
8.9 Notice in accordance with § 36 of the Consumer Dispute Settlement Act:
Creampie-Queens.com is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
8.10 As far as legally permissible, Gent is agreed as the place of performance for all mutual services owed under the contract, including any claims for restitution.
8.11 The courts in Gent have exclusive jurisdiction for disputes arising from or in connection with the use of offers of Creampie-Queens.com or from these terms and conditions, provided that the user is a merchant or does not have a fixed place of residence in Gent, has moved his place of residence or usual place of abode abroad after these terms and conditions have come into effect or if his place of residence or usual place of abode is not known at the time the action is brought.
9 Refund Policy
Refunds for purchases or recurring charges may be requested by contacting customer support. Refunds or credits will not be issued for partially used Memberships. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by Creampie-Queens.com for any reason, it will be credited solely to the payment method used in the original transaction. Creampie-Queens.com will not issue refunds by cash, check, or to another payment mechanism.
10 Comment/suggestion
As part of our commitment to excellence, Creampie-Queens.com welcomes your comments and suggestions on any or all of the terms and rules stated in the current General Conditions. To contribute with your comment/suggestion, please send an email to: hello@donnykingmedia.be
