Terms & Conditions of www.shinystreets.com
The following terms and conditions apply to all activities of www.shinystreets.com, Pascal Hollenbrock, Hans-Guggemoos-Str. 5, 82362 Weilheim, Germany (following SHST) advertised on our homepage www.shinystreets.com. This terms and conditions are brought to the attention of all customers through uploading them onto the homepage www.shinystreets.com and form part of any agreement between customer and us.
1.1 SHST sees itself as a provider of photographs and videos of artistic value from the fetish sector. SHST does not offer any photos or videos that are explicitly pornographic. SHST does not offer any photos or videos that explicitly contain sexual content.
1.2 All models in the photographs and videos distributed by SHST are of age (at least 18 years old at the time the photo was taken / recording was made) and have volunteered to participate in the photographs or video recordings.
1.3 All products / service of SHST are exclusively offered to consumers in accordance with Article 13 German Civil Code (BGB).
2.1 Our homepage can be used with or without registration. Unregistered users are offered previews with a limited number of thumbnails as well as preview videos with greatly reduced playing time.
2.2 In order to be able to view complete content (in the case of picture galleries: all pictures per gallery in original resolution / in the case of videos: video in original duration and resolution) on the homepage a registration and then the purchase of a membership (see 3.2) is needed. The creation of an account is connected to the purchase of a membership, thus with costs.
2.3 To be able to create an account, the customer must be minimum eighteenth (18) year of age and / or the appropriate age of majority (if a person older than 18 years of age is required) in the district, state or country in which the customer is based.
2.4 SHST will block / terminate any account with immediate effect if there is reason to believe that the account is being used by a person who has not yet reached the eighteenth (18) year and / or has not yet reached the age of majority (If a person is older than the eighteenth (18) year of) in the district, state or country in which the person is based.
2.5 When creating an account, each customer must provide a personal user name, a password, a valid e-mail address, their real name and the residence address.
2.6 By registering with the homepage as part of a membership purchase, the customer acknowledges, by clicking an appropriate checkbox, the Terms & Conditions set out here as binding and as the sole terms applicable to the contractual relationship with SHST. Such affirmation completes the registration process.
2.7 Registration and membership are separate. A customer whose membership has expired or cancelled has access to the homepage and his personal account information through his account. However after final expiration of his membership the customer can no longer use content for pay via his account.
2.8 There is no legal right to registration for customers. By registering, the customer declares that he is a consumer in accordance with Article 13 of the German Civil Code (BGB).
3. Conclusion of Agreement
3.1 The basis for each contract are the Terms & Conditions as laid out here. They form an integral part of the aforementioned contract. The customer confirms this by activating a checkbox while purchasing a membership. We hereby expressively reject any Customer’s terms and conditions and their inclusion in the aforementioned contract.
3.2 The customer can purchase memberships to view and download picture galleries consisting of approximately 20 to 70 individual photos in a resolution of up to 4500×3000 pixels as well as videos in HD quality. Videos can’t be downloaded and can be viewed by streaming.
3.3 Within the framework of a membership the customer has access either access to all picture galleries, to all movies or to both (depending on his purchased membership).
3.4 During his membership the user can purchase another membership at any time (e.g. while having access to all pictures he can choose to buy the membership to get access to all movies as well). Upon purchasing additional memberships the user has to pay their full price – e.g. he can’t buy the “all pictures” and “all movies” memberships and then ask us to get both at the price of the combined “everything (galleries and movies)” membership.
3.5. Additionally the customer can purchase single or bundled picture galleries as downloads (i.e. without purchasing a membership). Once purchased and paid these galleries are available for download and can be downloaded once. In case of failure the customer can get in touch with us (send mail to [email protected]) and we’ll provide a new download link.
3.6 All purchases of memberships and download galleries are done through one of the payment providers used by SHST. After successful confirmation by the payment provider selected during the membership purchase, the customer can log in and use the content available for the purchased membership (see 6.) immediately or download the purchased gallery/galleries. After successful purchase, the customer receives a purchase confirmation and an access data information for the homepage.
3.7 Contract documents will be shown on the homepage after conclusion of contract. The contract information underlying the contract between SHST and the customer will be displayed on the homepage after a contract has been concluded in a membership information page. This page contains a list of all purchased memberships, their runtime as well as possibilities to upgrade or cancel the membership. The Terms & Conditions are provided to all homepage users at any time via a link at the end of the page. Customers are responsible for the archiving of the above-mentioned information accessible via the homepage for the purpose of proof, accounting or other purposes to a storage medium independent of our homepage.
4. Cancellation of Agreement for consumers per Para. 13 of the German Civil Code (BGB).
4.1 Customers have the right to cancel the contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which the customer or a third party nominated by you, other than the carrier, take possession of the goods.
4.2 In all other cases to exercise the customers right of cancellation, please inform us
Phone: +49 (0)30 610 900 77 248
E-Mail: [email protected]
of his decision to cancel this contract. The customer can optionally use the attached sample cancellation form (click here). You can also fill out and submit the sample cancellation form or any other unique declaration, electronically, on our website. Once you have made use of this possibility, we will send you confirmation of the receipt of such cancellation immediately (e.g. by email). To guarantee the cancellation period it is sufficient to submit the notice of implementation of the right of cancellation before the cancellation deadline has expired.
4.3 Consequences of cancellation: If the customer cancels this contract, we are obliged to repay all payments that we have received from you including delivery charges without delay and at the latest within fourteen days from the date on which the notice of cancellation of this agreement is received. We use the same means of payment for this repayment that you used in the original transaction, unless something else has been expressly agreed with you; in no instances will fees be charged for this repayment.
4.4 The right of revocation expires in accordance with Para. 356 Sub. 5 German Civil Cide (BGB) in all cases where a contract for the delivery of digital content not on a physical medium has been concluded even if the company has begun executing the contract after the consumer expressly consented that the company may begin executing the contract before the expiry of the period of revocation and once the customer explicitly confirms his notice that he loses his right of withdrawal from the contract by his consent to begin the execution of the contract.
END OF INSTRUCTION ABOUT YOUR RIGHT OF CANCELLATION
5.1 All purchase of products and services via the homepage takes place against the use of a payment method specified in more detail on the homepage.
5.2 All prices on the homepage are non-binding and can be adapted at any time by SHST. This includes both the actual price of the articles as well as the VAT valid at the time of the conclusion of the contract. Currently, the homepage is a small business according to Article 19 German Value Added Tax Law (UStG). Invoices to German customers therefore do not include VAT.
5.3 All customers authorize SHST to use the payment method selected by the customer for each purchase of products or services on the homepage. In addition, the customer agrees that his / her address and bank details (name, address, telephone number, account number, bank code) as well as his / her other payment data (in particular credit card data) may be forwarded to third parties for the purpose of processing the transaction and to ensure the handling of the transactions.
5.4 If the collection of due payments is not possible and this is based on reasons which are solely the responsibility of the customer, the customer shall be in default of payment without a warning being required. This may result in any re-charging charges and other charges and expenses which will be borne by the customer.
5.5 If orders are paid via the SEPA direct debiting system, the customer will receive a pre-information form for the load receipt. The pre-notification period is reduced to 5 days before the respective due date (or 2 days for recurring payments). In the case of so-called COR1 direct debits, the pre-notification period for customers from the countries where this form of direct debit is offered is shortened to 1 or 2 days.
5.6 All customer guarantee to ensure that their bank account covers the price of the product / services purchased with SHST. Costs incurred as a result of non-payment or rebooking of the direct debit shall be borne by the customer as long as the non-payment or the repayment was not caused by SHST.
5.7 Depending on the country of issuance of the credit card used for the payment, conversion fees may be charged.
6. Moods of sale
6.1 Protected contents (galleries / movies) can only be accessed by purchasing a membership (see further below). Galleries can be purchase as single downloads or as bundles (i.e. numerous galleries bundled as one product). It’s not possible to purchase single movies.
6.2. Each membership has a recurring nature, meaning members will be re-billed on a regular basis (either every month, every three months or every six months – depending on the chosen membership) if they don’t cancel their membership.
6.3 Memberships can be cancelled without the need of justification via the personal membership area at any time and will have immediate effect. The member will continue to have access to protected contents corresponding his membership level (see further below) until his membership’s expiration date is reached. From then on the member won’t have access to protected contents anymore. Upon cancellation we don’t offer any reimbursements of already paid membership fees.
6.4 After successful payment of the purchases membership every new member gets direct access corresponding to his acquired membership (either all picture galleries, all movies or both) whereas galleries can be downloaded and movies are available for streaming.
6.5 Free Membership
6.5.1 In addition to the options of membership already mentioned in the preceeding paragraphs of 6., SHST is free to create and assign free membership right to individual customers.
6.5.2 In this context, SHST is free to define the modalities of such a free membership, in particular SHST is free to determine under which conditions (e.g. membership class / level) and for which period free membership right might be granted.
6.5.3 No customer can claim an entitlement to a free membership by law.
6.6 Gallery and/or movie updates will be provided at least twice a month.
7. Customers`s Code of Conduct
7.1 Customers will not publish content on the homepage which is:
(a) threatening, defamatory, subversive, xenophobe, discriminating, offensive, obnoxious, blasphemous, in violation data protection law or in any way covered by criminal law in the jurisdiction of the customer.
(b) for which the customer does not possess all necessary licences.
(c) is in violation of third parties’ copyrights.
(d) regarded as advertisement for another homepage.
(e) engaging or encouraging others in conduct with is regarded as criminal or in breach of any law or statute or third parties’ rights around the globe.
7.2 Customers will not engage in unsolicited advertisement on the homepage or engage in activities which are meant to circumvent SHST as an intermediary.
7.3 SHST might be legally obliged to cooperated with law enforcement agencies in order to identify customers in break of their obligations as stated in Para. 7.1.
7.4 SHST will warn (via e-mail to the e-mail address provided upon registration) any costumers violating our code of conduct (see 7.1 and 7.2) if this occurs for the first time.If the warned user continues to violate or code of conduct (see 7.1 and 7.2) after having been warned by SHST we’ll lock him – meaning that from the time of locking (that can be chosen freely by SHST without prior notice) the customer won’t have access to his membership contents anymore. The customer’s membership will automatically be terminated at the next possible date. In this case SHST won’t reimburse any payments that have already been made.
8.1 We undertake to ensure the use of the Internet platform twenty-four hours a day, seven days a week. For reason beyond the control of SHST access to the Internet platform may be temporarily suspended without notice due to system errors, maintenance or repair work.
8.2 SHST guarantees neither the fault-freeness nor the completeness of the contents provided on the homepage. SHST is free to change the content on the homepage at any time without prior notice.
8.3 The content on the Internet platform is provided “as it is”, without warranties or other conditions.
9. Data Protection
9.1 In terms of data protection we would like to draw your attention to the data protection statement available on our homepage (click here). SHST collects, processes and stores the data required for the provision and billing of services.
9.2 The collection, storage, alteration or use of personal data for the purpose of transmission, in particular with regard to advertising, the activity of credit bureaus or the address trading serves according to Article 29 (1) (1) of the Federal Data Protection Act (BDSG) shall always be admissible if there is no reason to assume that the customer has a legitimate interest in the exclusion of the collection, storage or modification.
9.3 SHST is entitled to obtain information about the customer from relevant protection association for general credit insurance (Schufa) as well as from other economic agencies and credit guarantee companies. Customers agree that SHST is free to notify the above mentioned companies and agencies of any non-contractual behavior by the customer (for example, credit card withdrawal due to improper use by the Cardholder, incurring back-up charges for uncontested claims, enforcement measures, etc.). Such notices may only be made in accordance with valid data protection laws insofar as this is necessary for a legitimate interests of SHST to be exercised and no legitimate interests of the customer to be affected.
9.4 In accordance with the statutory permission of Article 7 (3) UWG, SHST is entitled to use the e-mail address given by the customer when registering for a service of SHST for direct advertising for its own services similar to those already enjoyed by the customer. A disclosure of the e-mail address to third parties does not take place.
9.5 In the event that the customer does not wish to receive any direct advertising or use of his data by SHST, he may at any time object to the use of his data in writing or by e-mail to the e-mail address stated in our homepages’ imprint.
9.6 If the customer objects to the processing or use of his data for the purposes of advertising or market or opinion research, processing or use of his personal data is inadmissible in accordance with Article 28 (4) of the Federal Data Protection Act (BDSG).
9.7 Our homepage links corresponding accounts of SHST to Facebook, Instagram and YouTube. Customers are required to read the privacy policies of these platforms before using the linked profiles.
10. Intellectual property rights
10.1 All texts, pictures, graphics, sound, video or other pictorial representations and their arrangement on the internet platform are protected by law (Copyright © 2020 SHST, all rights reserved).
10.2 The contents of the homepage as well as results of indivudal productions possibly not published on the homepage may not be copied, distributed, modified or made available to third parties without the express written consent of SHST for commercial or non-commercial purposes. A commercial or non-commercial distribution is prohibited. The customer will use all photographs and pictures as well as videos exclusively for himself. In the case of commercial use without the written permission of SHST, the customer will be liable to pay a penalty payment to SHST. The amount of the penalty is determined by the severity, extent and seriousness of the offense committed. Any infringement will be referred to the by civil and criminal law authorities.
10.3 In some cases, some images reproduced on the internet platform are subject to the copyright of third parties. The customer agrees to observe these also and not to violate them.
11.1 SHST and its affiliates shall not be liable to customers for any special, incidental, direct, indirect, consequential or consequential damages of any kind whatsoever arising out of the loss of use, data or profits opportunities which could arise due to or in connection with the use of the homepage.
11.2 We and our affiliates shall be liable to the customer in all cases of contractual and extra-contractual liabilities for intent or gross negligence.
11.3 SHST is also liable for the slight negligent violation of essential contractual obligations. These are obligations whose infringement jeopardizes the attainment of the purpose of the contract or whose fulfillment makes the proper implementation of the contract possible and which are regularly expected to be met. In such a case, however, SHST shall only be liable for the foreseeable, contract-type damage. SHST shall not be liable for the slight negligent violation of obligations other than those specified in the preceding sentences.
12. Subject to Change
12.1 We may change this terms and conditions anytime at our own discretion by publishing an updated version of this Terms & Conditions onto our homepage.
12.2 All customers will be notified within thirty (30) days of changes to this terms and conditions. They will further be notified that continuing to use this homepage constitutes approval of said changes.
12.3 If any above-mentioned changes proof inacceptable to a customer we kindly ask the customer to delete his account or to refrain from using our services. Continuing to use this homepage indicates approval of said changes and will be deemed sufficient.
13.1 Only a customer shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions.
13.2 These terms and conditions are the sole contract in force between a customer and SHST in connection with the homepage and the services provided by that said homepage. These terms and conditions replace all other agreements in force up to date.
13.3 Changes to this contract require the written form. This also applies to a change in the written form requirement itself.
13.4 Should any provision of this contract be or become invalid, this shall not affect the validity of the remaining contractual agreements. Instead of the ineffective contractual agreement, the content stipulated by law and the will of the parties will take effect.
14.1 All agreement and their terms shall be construed according to German law. The laws of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) As far as legally permissible, the sole place of jurisdiction for all disputes in connection with any contract or agreement shall be Munich / Germany.
14.2 Consumers who are habitually resident abroad may, irrespective of the specific choice of law, always rely on the compulsory consumer protection law of the country in which they are habitually resident.
14.3 The European Commission offers consumers a means to resolve disputes between consumers and companies arising from the use of the internet for shopping purposes. Please visit http://ec.euopa.eu/consumers/odr/ to find out more and to take advantage of this offer.
14.4 SHST hereby declares in accordance with the German Law on Alternative Dispute Resolution in Consumer Cases (VSBG) that SHST in principle is not taking part in any Alternative Dispute Resolution in Consumer Cases, nor is SHST currently to take part in any actual Alternative Dispute Resolution in Consumer Cases.
Last updated: January 2020