Terms & Conditions
Terms and Conditions of "Lana.chat"
The following terms and conditions govern the contractual relationship between: Operator (Please click here) (hereinafter referred to as: LANA) and the users and customers of its telemedia services (hereinafter referred to as: users). They define the conditions under which the use of the services of LANA takes place.
I. Subject of the contract; description of services and scope of services
1. LANA provides users with access to a central database system. The database system can be accessed via various domains belonging to LANA. This database system contains profiles, information and data material of webcam performers (hereinafter: performers) and other participants. After registration, the users have the possibility to search the database for the profiles of the performers, to view the profiles, to contact the performers and to access the data material of the performers. The content, type and duration of the data material provided and transmitted by the respective performer is the sole responsibility of the performer. LANA provides both free and paid services. Prior to the provision of these services, the user is informed about the chargeability, the content and the scope of the services as well as the price and the terms of payment.
2. In addition to this portal, LANA also operates portals under other names and other domains. In order to be able to provide the user with the largest possible number of profiles, LANA enables the users of the respective portals to access the profiles of the performers as well as other participants of the respective other portals across services.
3. The services of LANA are offered exclusively for private, non-commercial purposes. By registering on a portal of LANA, the user undertakes to use the service for private purposes only.
4. Temporary disturbances or interruptions of the services of LANA can result from reasons of force majeure as well as technical changes (maintenance work, interruptions for offline backups, software updates). LANA will make all reasonable efforts to ensure the uninterrupted retrieval of the services. The availability of the services is limited to a retrievability with insignificant impairments. An insignificant impairment of the availability of the services exists if the period of the disturbance or interruption does not exceed 24 hours in one month.
5. LANA reserves the right to change the performance and service description if the change is made due to legal or official requirements or if an adjustment to technical progress is necessary, as long as the change does not clearly deviate from the original performance or service description and the user is not placed in a worse position as a result. LANA will announce such a change to the user with a notice period of two weeks. The user can object to the changes within this period. If the user does not object to the changes within this period, the changed performance and service descriptions are valid from the day of the deadline expiration.
6. LANA can use externally commissioned service providers to offer its telemedia services. These include in particular payment providers, content providers, senders of newsletters and collection companies. Commissioned external service providers who provide services on behalf of LANA are not considered third parties in the sense of these terms and conditions.
II. Conclusion of contract and access
1. Persons not of legal age as well as those acting on behalf of a third party are excluded from using the services of LANA. If LANA has a reasonable suspicion that a person is not eligible to participate, LANA is entitled to verify the identity of the person by requesting official documents. Ineligible users will be excluded from using the services of LANA and the database.
2. Access to the use of the database and services of LANA is granted after registration of the user. During registration, a password and pseudonym assigned by the user is used. The registration requires entering an e-mail address of the user, as well as a complete filling in of the registration mask and confirmation of the link sent by LANA to the e-mail address provided by the user.
3. In principle, each person may only carry out one registration. The registration requires an independent willful decision by the respective registering person.
4. With the registration the user confirms the inclusion of these terms and conditions. This creates a free contractual relationship between LANA and the user.
III. Paid services
1. In addition to the free services, LANA offers the user various chargeable services and benefits. By using these services, the user enters into a further contractual relationship separate from the free contractual relationship. The basis of this further contractual relationship are also these terms and conditions. The user will be informed about the content, the price, the term and the terms of payment on the respective portal prior to the conclusion of the contractual relationship subject to a charge. The contract is concluded when the user selects the chargeable service on the respective portal and accepts the payment obligation by clicking the "Buy" button (hereinafter: order process).
2. By concluding the fee-based contractual relationship, the user is credited with an amount selected in the ordering process in the form of a credit account. The credit is managed in so-called tokens. Against a consumption of tokens displayed at the respective service, the user can access this service. The tokens are consumed at the same time as the service is provided. If the credit account no longer has any tokens, further use of the chargeable services is not possible. Through the ordering process, the user can add tokens to his/her credit account again.
3. LANA offers users the option to top up their credit. If a user requires additional credit, they have the option to recharge it through further individual payments.
IV. Term; Cancellation
1. The user is entitled to terminate the contractual relationship for the free services at any time. The termination takes place via a deregistration of the profile by letter or email. After termination of the contract, the user's profile and the corresponding data records will be deleted, provided that legal requirements do not require storage. The contractual relationship for paid services must be terminated separately from this.
2. A payout of the credit account upon termination is not possible.
V. Terms of payment
1. The fee for chargeable services must be paid to LANA in advance and will be collected in full via the payment method selected in the ordering process.
2. LANA may have the payment for chargeable services processed by an external service provider commissioned by LANA.
VI. User obligations
1. The user is solely responsible for the data of his registration, the further details about his person and thus for the information he provides about himself. The user assures that the data provided is true and describes him personally. Deliberate or fraudulent false statements may result in civil and criminal prosecution and entitle LANA to block the user's profile without affecting LANA's claim to remuneration.
2. The user assures that he/she does not use the services of LANA for business or commercial purposes, especially advertising purposes. The user is not allowed to read out contents and profiles of other users manually or by using computer programs in order to use the data thus obtained outside the portals of LANA.
3. The user undertakes to treat his access data confidentially. In the event that the access data is passed on to third parties, the user is responsible for all consequences of the action. If there is a suspicion that the access data has been passed on to third parties, the user must inform LANA immediately and take suitable measures to prevent further misuse (for example, by changing the password).
4. Furthermore, the user undertakes not to misuse the services of LANA, in particular,
- not to use them to disseminate defamatory, racist, inciting or otherwise unlawful material or information;
- illegal pornography through the database system or to inquire from the performers;
- not to use them to threaten, harass or violate the rights (including privacy rights) of other users or performers;
- not to introduce data into the system or database that contain a virus or that contain software or other material protected by copyright or other proprietary rights, unless the user is the owner of the respective rights or has the necessary consent to use them;
- not to use them in a way that negatively affects the availability of the services for other users;
- not to intercept or attempt to intercept any e-mails or other messages;
- not to send chain letters;
- not to send e-mails or other messages that serve a commercial or business purpose;
- not to mention names, addresses, telephone or fax numbers, messenger addresses, emails or URLs in the description of persons;
- not to collect, store or process personal data about other users or performers.
5. Non-compliance with the above duties of conduct or a violation of other duties regulated in these terms and conditions entitles LANA to immediately block the user's access to the database of LANA as well as to terminate the contract without notice for good cause.
6. As far as the user connects commercial or business interests with the conclusion of the contractual relationship or uses the data made accessible to him for business or commercial purposes, or for purposes not expressly approved by LANA, he is obligated to pay LANA a contractual penalty in the amount of € 1.000,00 for each proven violation. Further claims for damages remain unaffected by this.
VII. Operation
1. LANA is obligated to check the content and data entered by the users and to remove the corresponding data if the content violates these terms and conditions.
2. LANA is obligated to check texts, graphics as well as uploaded photos and photographs for compatibility with these terms and conditions and the legal requirements and to remove them in the event of violation.
3. The performers can keep a diary in the form of a blog on their profile page. Contributions of the performers are posted in the blog system immediately after they are created by the performers. It is not possible for LANA to exercise direct control over posted contributions. The blog contributions are not subject to editorial or content control by LANA.
4. LANA does not guarantee the correctness of the contributions, nor the availability of this service. The respective presenter is responsible for the content and form of the blog contributions. LANA assumes no liability for any infringements of rights by the content of the blog posts before becoming aware of them.
VIII. Rights
The user receives a simple, non-transferable right of use to the data material ordered for a fee, limited in time to the term of the contract.
IX. Liability
1. LANA assumes no responsibility or guarantee for the accuracy and security of the data and content published or transmitted by the performers. Likewise, LANA assumes no liability for the accuracy of the content of the performer profiles. Although it is not permitted, performers may enter incorrect or illegal information and content or use the services of LANA for improper or illegal purposes.
2. With the access to the database LANA provides an IT service and does not owe any success.
3. Since LANA has no influence on the transport of data via the Internet outside of its own IT infrastructure, as well as due to the peculiarities and uncertainties of the Internet, LANA cannot assume any liability for such external data losses and/or errors in the area of data transmission. LANA is not liable for failures of the offer, which are beyond the control of LANA (e.g. due to force majeure or technical failures of the Internet).
4. LANA assumes no liability for the misuse of information that the user himself has made available to third parties. Likewise, LANA is not liable for the unauthorized acquisition of knowledge by third parties of personal data of the users (for example, through unauthorized access to the central database), unless LANA has made the unauthorized acquisition of knowledge by third parties possible intentionally or through gross negligence.
5. LANA is liable - except in cases of breach of material contractual obligations, harm to life, body or health, or claims under product liability laws - only for willful intent and gross negligence. Material contractual obligations are those obligations whose fulfillment is necessary to achieve the purpose of the contract.
6. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the liability of LANA is limited in amount to the damage that is foreseeable and typical according to the nature of the transaction in question.
7. The above limitation of liability also applies to the personal liability of employees and representatives of LANA.
8. There is no further liability on the part of LANA.
X. Exemption
The user indemnifies LANA, to the extent permitted by law, from any liability and from any further obligations, claims and expenses arising from actions and damages for which the user is responsible due to insult, defamation, infringement of intellectual property rights, personal rights or other rights of third parties and due to the failure to provide services to other users.
XI. Service provision by external service providers
1. Services offered by third parties on the LANA portals with the permission of LANA may be subject to additional conditions and may be chargeable to the user.
2. The user is obliged to inform himself about the terms and conditions and prices of a third party service provider before using the service. LANA is neither party nor representative of a contractual relationship between the user and the third party service provider.
3. In particular, LANA assumes no liability for the accuracy and reliability of the content, information, opinions and other communications of a third party provider, unless LANA is at fault due to gross negligence or intent.
XII. Amendment of the Terms and Conditions
1. LANA reserves the right to change these terms and conditions at any time, as long as this does not affect essential regulations of the contractual relationship and this is necessary to adapt to developments that were not foreseeable for LANA at the time of the conclusion of the contract and whose non-consideration would noticeably disturb the balance of the contractual relationship. Essential regulations are in particular those concerning the type and scope of the agreed services as well as the duration including the regulations concerning termination. LANA is entitled to make changes in order to close gaps in the contract that arise in particular due to legal changes and changes in case law.
2. LANA will inform the user of the changes by sending the Terms and Conditions to be changed by e-mail. The user has the possibility to object to the changes within a period of two weeks. If the user does not object to the changes within this period, the amended terms and conditions shall apply from the day of the expiry of the deadline.
XIII. Privacy & data protection
1. LANA collects, processes and uses personal data of the user as described in these terms and conditions and in the privacy policy. The storage of personal data is governed by the legal requirements.
2. If you are depicted in any of our content and wish for that content to be removed, please contact us via email at abuse@lana.chat.
XIV. Complaints
For all complaints, please contact us at abuse@lana.chat. Complaints will be reviewed and processed within seven (7) business days. Please report illegal or content that violates our standards. The results will then be communicated to you. In case of disagreements regarding a decision, appeals or inquiries can be addressed again to abuse@lana.chat. In the event of any disputes regarding a complaint, we will allow the disagreement to be resolved by a neutral party.privacy policy. The storage of personal data is governed by the legal requirements.
XV. General information
1. The legal relationships existing between LANA and the user are subject to the law of the United Kingdom, subject to mandatory regulations. The place of jurisdiction for all claims arising from this contract is London, insofar as the user is not a consumer. The applicability of mandatory regulations of the state in which the user has his habitual residence or domicile at the time of conclusion of the contract remains unaffected.
2. Should individual provisions of these terms and conditions be invalid or incomplete, the validity of the remaining terms and conditions shall remain unaffected.
XVI. CANCELLATION POLICY
1. Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (LANA) by means of a clear statement (for example, a letter sent by mail, or e-mail) of your decision to withdraw from this contract. You can use the attached withdrawal form for this purpose, but it is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
2. Consequences of withdrawal
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
3. Sample withdrawal form
(If you want to cancel the contract, please fill out this form and return it by email).
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of notification on paper)
- Date
(*) Please delete where inapplicable.
4. If the user has given his explicit consent, the right of withdrawal expires prematurely if the service requested by the user has been completely provided by LANA before the user has exercised his right of withdrawal.