General Terms and Conditions
for the webmaster program SexGoesMobile.com

§ 1 Starting Points

(1.1)
Sexgoesmobile.com represents a partner program comprising one webmaster as entrepreneur (merchant) offering on his web page (URL) a product or service from the webmaster tool, and the operator of the webmaster tool Sexgoesmobile.com who provides as entrepreneur third-party products, third-party contents and third-party services within his webmaster tool for webmasters and promotes them there.

(1.2)
It is pointed out that the graphic links and banner ads in the webmaster tool Sexgoesmobile.com are third-party products, third-party contents and, as the case may be, third-party services. The operator of Sexgoesmobile.com does not carry out an examination and control in this regard. By way of precaution, the operator of Sexgoesmobile.com distances himself expressly from all contents of the linked and advertised pages on this homepage and does not adopt these contents. This statement shall also apply to all links to external homepages placed and advertised on this homepage.

(1.3)
The responsible providers of services and contents for whose products, contents and services Sexgoesmobile.com solely is a technical advertising platform in order to enable webmasters to promote this content are neither supervised by the operator of Sexgoesmobile.com nor are they under the control of Sexgoesmobile.com. The operator of Sexgoesmobile.com shall not be responsible for the offers, placements and texts of those providers.

(1.4)
The providers of contents and services (content providers) are themselves responsible for contents, products and services for which they place advertising material for further use by the webmaster in the webmaster tool Sexgoesmobile.com and they bear all liability risks in this connection.

(1.5)
Sexgoesmobile.com solely acts as advertising medium and only offers the possibility of creating contact with interested webmasters.

(1.6)
Sexgoesmobile.com is exclusively operated on the basis of these Terms and Conditions. Possible conditions to the contrary, extensions or limitations on part of the webmaster are herewith contradicted expressly, they are not an integral part of the contract.

§ 2 Legal Relations

(2.1)
The operator of Sexgoesmobile.com offers with his webmaster program the possibility for webmasters to promote web pages, products and services on a commission basis. Upon sending the application form, the webmaster agrees to these General Terms and Conditions.

(2.2)
The operator of Sexgoesmobile.com reserves the right to exclude the webmaster from participating in the partner program. This shall apply especially in cases of breaches of contracts and/or breaches of law, for example if, on a page of the webmaster, there are child pornography, bestiality, sodomy, violence, discriminating statements or representations regarding race, sex, religion, nationality or handicap and/or if hyperlinks to other pages with corresponding contents exist.

§ 3 Liability

(3.1) Liability of the Webmaster

(3.1.1)
The webmaster is solely responsible for the operation and the contents on his own web page. The webmaster shall particularly be obliged to keep his own web pages free from all illicit or illegal contents or other contents which violate the law or are offensive.

(3.1.2)
The webmaster shall completely indemnify and hold harmless the operator of Sexgoesmobile.com from and against all claims asserted against Sexgoesmobile.com due to the way of operation or the content of the own web page. This shall apply especially to the commercialisation of the pages of the webmaster.

(3.1.3)
The webmaster bears the exclusive responsibility for the statements made in the promotion. The webmaster assures to be identical with the personal details and the statement of the address given and that he is of legal age and of full legal capacity.

(3.1.4)
The access data to the partner program Sexgoesmobile.com are to be treated strictly confidentially. The forwarding to third parties or the publication is prohibited. The forwarding to third parties or the publication may, as the case may be, constitute the statutory offence of § 148 StGB [German Criminal Code]. The contractual parties have to keep mutually secret all information they receive in connection with the execution of the agreement and they have to take all necessary measures to prevent third parties from taking notice or using the information. Unless already regulated based on their employment contract, the employees in charge of the service are obliged to keep this information secret.

(3.1.5)
The advertising graphics and link codes of the providers of content and services are protected by copyright and may only be used in unaltered form and for the promotion of the web pages, products and services connected to the webmaster tool. Any improper use results in consequences under criminal law.

(3.1.6)
The operator of Sexgoesmobile.com points out that any promotional activity of the webmaster is exclusively considered as his own action. Thus, Sexgoesmobile.com will under no circumstances support, approve of, promote or otherwise adopt any unwanted promotional actions or other activities of the webmaster towards third parties. Such actions are exclusively his own matters falling in the area of activity of the webmaster. This shall apply especially with regards to unwanted promotional actions or other activities of the webmaster towards third parties carried out by him with the help of technical and electronic support and without Sexgoesmobile.com knowing thereof (spamming, flaming, mail bombing). Thus, the webmaster exempts the operator of Sexgoesmobile.com from all disadvantages which may arise due to claims asserted against him by third parties because of actions causing damage carried out by the webmaster, irrespective of whether they are intentional or negligent.

(3.1.7) Unfair Advertising Practices / Unacceptable Molestation / Spam

(3.1.7.1)
It is strictly prohibited to send SPAM or other unacceptable annoyances to be considered as unfair advertising practices via newsgroups, e-mails, SMS, fax or mail and via other means of telecommunication. Messages are to be considered as unfair advertising practices when the identity of the sender or the actual sender address is wilfully falsified or hidden or when messages are sent to recipients who have not given their express consent for receiving the message prior to receiving the message and when the recipient has no possibility or only a possibility under aggravated conditions to unsubscribe. Especially, but not exclusively, to be adhered to are the provisions of the Law Against Unfair Competition, the Telecommunications Act, the Teleservice Act, the State Treaty on Media Services, the Directive on the Electronic Business, the Ordinance of the BGB [German Civil Code] on the Duty to Inform as well as legal provisions under criminal law and further relevant legal provisions, as the case may be.

(3.1.7.2)
If the operator of Sexgoesmobile.com gains notice of the sending of unfair advertising material or if he is informed by third parties about the sending of unfair advertising material, the webmaster authorizes the operator of Sexgoesmobile.com to disclose all personal data to the criminal prosecution authorities and the person claiming to be the recipient of the unfair advertising.

(3.1.7.3)
In such cases, all claims against Sexgoesmobile.com shall be forfeited immediately. Sexgoesmobile.com reserves in such a case the right to claim a contractual penalty amounting to 10,000.- Euros for any case of sending of unfair advertising material and himself to take legal action against the webmaster in question as well as to block the webmaster of the offer for which the unfair advertising practices have been used for unlimited time. This shall not affect the right of Sexgoesmobile.com to refuse the webmaster?s access to the webmaster tool.

(3.1.7.4)
The webmaster can only remove the suspicion of sending unfair advertising material by either producing the express declaration of consent of the recipient of the advertisement for receiving the advertisement complained about or by making a declaration in lieu of an oath towards the operator of Sexgoesmobile.com. This declaration in lieu of an oath must have been submitted to the operator of Sexgoesmobile.com five working days after request in the original. In the declaration, the webmaster has to assure in lieu of an oath not to be the sender of the unfair advertising material himself and also not to have instructed a third person or company with the sending of unfair advertising material.

(3.1.7.5)
The webmaster exempts the operator of Sexgoesmobile.com upon the first request from all claims asserted against the operator of Sexgoesmobile.com in connection with the actions caused by the webmaster.

(3.2) Liability of Sexgoesmobile.com

(3.2.1)
Sexgoesmobile.com operates its web page within the framework of the technical possibilities.

(3.2.2)
Sexgoesmobile.com does not warrant that the URL Sexgoesmobile.com or the advertising tools provided for the webmaster and the service offering of the provider of contents and services lying behind, accounting methods or promotional material function constantly without disturbance and interruption.

(3.2.3)
It is pointed out that the operator of Sexgoesmobile.com is, in fulfilment of his legal duties, entitled to remove banner ads and promotional material of providers of contents and services from the webmaster tool if there is reasonable suspicion that the offer behind it violates legal provisions. Becoming active in fulfilment of legal duties generally excludes a liability of the operator of Sexgoesmobile.com for damage arising for the webmaster.

(3.2.4)
Apart from cases of intention and gross negligence, every liability of Sexgoesmobile.com including liability for damages is excluded. What is particularly excluded is also the liability for subsequent damage or consequential damage and losses for the webmaster or third parties including the loss of profit.

(3.2.5)
In cases of intention and gross negligence, the liability of the operator of Sexgoesmobile.com is limited to an amount of 1,000.-Euros. Further claims for whatever cause in law shall be excluded.

(3.2.6)
The operator of Sexgoesmobile.com further distances himself from liability claims caused by the promoted provider of service and content or the promotional material made available by this provider.

(3.2.7)
The operator of Sexgoesmobile.com does not assume any liability for information and data of third parties. This applies particularly to the actuality, completeness, correctness, quality of the provided information, availability of the listed URLs, freedom of the rights of third parties or the conformity with legal provisions or other binding rules.

(3.2.8)
Sexgoesmobile.com does in other respects not assume any liability for the correctness, applicability or usability of his own contents.

(3.2.9)
The operator of Sexgoesmobile.com does not assume any liability for the functionality of the systems provided by him. He will particularly not assume any liability for the transmission, the complete transmission and/or the timely transmission of information, data, e-mails and other messages. A liability of possibly let software is also not assumed.

(3.2.10)
The operator of Sexgoesmobile.com shall not be obliged to maintain existing information, data and services, not to interrupt or to change them. However, the operator will at best attempt to inform the webmasters in case of the dismissal or the interruption of an electronic service thereof in time.

§ 4 Availability

(4.1)
We reserve the right to stop the service of Sexgoesmobile.com without giving reasons at any time and to change the appearance of Sexgoesmobile.com without giving reasons at any time.

(4.2)
The third-party web pages, products and services of independent providers of content and services promoted in the webmaster tool are fed into the webmaster tool Sexgoesmobile.com without any check and assurance regarding the availability, correctness, legality and completeness.

§ 5 Term / Termination

(5.1)
This agreement is concluded for an infinite period of time and can be terminated at any time without period of notice. The termination must be made in writing.

(5.2)
Upon termination of this agreement all of the webmaster?s rights of use of the messages and representations provided by Sexgoesmobile.com granted under this agreement shall expire.

(5.3)
The webmaster will take all technical precautions so that there remain no links between the web pages of the webmaster and the web page of Sexgoesmobile.com upon termination of this agreement. Furthermore, no promotional material of Sexgoesmobile.com or from its webmaster tool such as web pages, banner ads and suchlike may be used.

(5.4)
Disadvantages for the webmaster arising as consequence of the dissolution of the contractual relation shall not entitle him to claim damages from the operator of Sexgoesmobile.com. The webmaster shall not be entitled either after ordinary termination or after premature dissolution of the agreement for important reason to assert claims for damages or compensatory adjustments of whatever kind against Sexgoesmobile.com or its operator.

§ 6 Data Protection

(6.1)
Sexgoesmobile.com stores all data of the webmaster during the term of the contractual relation to the extent that this is necessary for the fulfilment of the purpose of the agreement, particularly for accounting purposes. Sexgoesmobile.com processes and uses the collected stock data also for consulting of its customers, for promotion and for the market research for own purposes and for cooperation projects with other partners and for the need-based structuring of its telecommunication services. Sexgoesmobile.com will at all times inform the webmaster upon request about the stored data stock completely and free of costs as far as the webmaster is concerned.

(6.2)
Sexgoesmobile.com points expressly out to the webmaster that the data protection for the transmission of data in open nets such as the internet cannot be warranted comprehensively at the actual state of technology.

(6.3)
The webmaster is aware of the fact that the provider can, from a technical point of view, access the range of pages stored on the web server and possibly also other data of the webmaster filed there. Also other users of the internet may be technically able, despite our very good security solutions, to interfere in the net security without authorization and to control the communication traffic. The webmaster has to completely independently take care for the security of the data transmitted by the webmaster to the internet and stored on the web servers / data bases.

§ 7 Final Provisions

(7.1)
These terms and conditions are final.

(7.2)
No oral subsidiary agreements have been entered into. All changes deviating from these terms and conditions must be made in writing and must be signed by the contractual parties or their authorized representatives. The same shall apply to the waiver of this written form clause.

(7.3)
If any party waives its right to assert claims for breach of contract, this waiver shall not effect the right of that party to bring an action due to subsequent breach of contract.

(7.4)
The operator of Sexgoesmobile.com shall be entitled to transfer the fulfilment of his obligations completely or partially to third parties.

(7.5)
Every party confirms that it was advised and had the possibility to obtain independent advice regarding legal issues and the effects of concluding an agreement. Furthermore, the parties confirm that they had the opportunity to make their own independent judgements and they shall only rely on their own examination and the examination of their consultants regarding the rights, duties, liability and consequences which may result from the conclusion of an agreement.

(7.6)
Place of jurisdiction and place of performance is Bremen, Germany.

(7.7)
Should one or several of the aforementioned provisions be or become ineffective, the effectiveness of the remaining provisions shall not be affected thereof. The ineffective provision is to be replaced by an effective provision which widely fulfils the pursued economic effect or comes as close as possible to it.

(7.8)
German law applies to all disputes from and in connection with this contractual relationship. A remission to foreign law pursuant to the principles of the private international law shall be excluded. The United Nations convention on Contracts for the International Sale of Goods ? UN Sales Convention ? shall not apply.

(7.9)
These General Terms and Conditions are not bound to other statements, representations, promises or incentives ? irrespective of whether they were made by Sexgoesmobile.com, a representative or employee ? unless they are listed in writing independently from this agreement. The webmaster assures expressly that he has not relied on representations not contained in these General Terms and Conditions.