Touched-escorts.com Terms and Conditions of Use
This website is operated and published by Touched Escorts (“Touched”), located at 4th Floor, Bismarckstrasse 100, Moenchenglad, Dusseldorf, 41061, North West Rhineland, Germany, Europe and Company Registered in Hagen, Heinitzstr, 42, 58097, Hagen, Germany.
"Content" means the data, text, information, adverts, messages, details, screen names, photographs, graphics, software, files, sounds, static and mobile images and all other material on the Website or published in the print publication.
“Touched” means Touched Escorts.
"Items" means all goods or services offered for sale or rent that have been posted on the website.
"Minor" means a person under 18 years of age.
"Post" means display, exhibit, publish, distribute, upload, transmit and/or disclose and the words "Posted" and "Posting “shall be interpreted accordingly.
"User" means anyone who has a user account or is an Advertiser who posts online or print adverts.
"Services" means all or any services provided by us through www.touched-escorts.com including without limitation our online marketplace and print publication.
"Website" means all web pages available under the domains www.touched-escorts.com and its related websites, services and applications.
About the Website
The website is a marketplace. Sellers may list Items and buyers may find Items through the website.
We are not responsible for contracts for the supply of goods, services or information formed through the Website, between you and users. We are simply a venue for buyers and sellers to make contact.
Any contract is between the buyer and the seller and is subject to the terms and conditions which are implied by law or which the buyer and seller agree between themselves or both. The Website is not a party to the contract between the seller and buyer nor is the website liable under the contract.
Complaints or disputes should be dealt with directly with the other party in the transaction. If this needs to be escalated the raise the dispute through the payment provider.
We do not provide any warranties or assurances in relation to the Items you purchase (or attempt to purchase) from third party sellers through the Website, or from companies who have advertised through the Website or whose website we have provided a link, and any such warranties and assurances are disclaimed by us. This disclaimer does not affect your statutory rights against the third-party seller.
Using the Website
You agree when using the Website that you will not:
post, list or upload content or items in inappropriate categories or areas on our sites; breach or circumvent any laws, third party rights or our systems or policies; sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties; post content in contravention to relevant laws, regulations or advertising standards guidelines; use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services; post false, inaccurate, misleading, defamatory, or libellous content; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; to place links on the Website where those links take users to unlawful material or material that contravenes these Terms; use any robot, spider, scraper or other automated means to access our Services for any purpose. Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content (except for your information) from our Services without the prior express written permission of the Website and the appropriate third party, as applicable; harvest or otherwise collect information about users, such as email addresses, without their consent; or circumvent any technical measures we use to provide the Services.to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; to disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;
You are solely responsible for all information that you submit to the Website and any consequences that may result from content you post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching our Terms. We also reserve the right at our discretion to restrict a user's usage of the Website either temporarily or permanently.
Mis-use of the Website
We work hard to ensure the Website is working properly technically and for all our Users. Please report problems, offensive content and policy breaches to us.
Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Website if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Website’s employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off the Website or not, we do not have any obligation to monitor the information transmitted or stored on our site, services and applications and we do not accept any liability for unauthorised or unlawful content on the Website or by the Users of the Website.
We may change our fees or introduce new fees from time to time of the changes on in the prices section of the Website.
Some Services require payment in full before their use. In such cases the amount payable will be clearly indicated.
We may change our prices from time to time. In which case you will be notified of this in advance and have the opportunity to decline payment. If you decline payment you will not receive the Services to which such payment relates.
We will not start to provide the paid-for Services (and shall be under no obligation to do so) until we have been paid in advance in accordance with these Terms.
Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the paid-for Services until you have paid the outstanding amounts.
For those Users on recurring billing for their ongoing or month to month Services. By providing or designating a Payment Method, you authorise us to charge you the appropriate monthly at the then current rate, and any other charges you may incur in connection with your use of our Services to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to commissions due or additional services you have incurred, and/or changing or adding a plan, and you authorise us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
You are required to have a valid payment method on file when using our Services. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file, retaining debt collection agencies or instigate legal proceedings to recover outstanding amounts.
Payments are non-refundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
VIRGIN AUCTION (CLIENT) CONDITIONS
The client (Virgin) enters an agreement with Touched Escorts once a listing has been placed on our auction website. The client (Virgin) has a 14-day cooling off period where by the listing can be removed from the auction free of charge. The client (Virgin) has the right to remove her/himself from the auction at any time. The cost of €500 is payable to Touched Escorts in the event the client (Virgin) wishes to remove her/himself from the auction after the 14 day cooling off period.
Touched Escorts holds exclusive rights to royalties, which may be received to our clients from any media and publicity. In the event of our client (Virgin), (Escort) working under Touched Escorts, decides to sell his/her story to the media. Touched Escorts holds the rights to receive 50% royalty payments from any publicity and fame received. Touched Escorts are reasonable for the discretion of our clients and escorts working with us. In no circumstances should any client working with Touched Escorts (Virgin), (Escort) disclose any information regarding our clientele to the media due to data protection. In the event of a fake auction, where virgin decides to work with Touched Escorts for the attention of recognition. Touched Escorts hold the rights to receive 50% royalty payments from any publicity and fame received.
There are three packages Touched Escorts provide, the basic, exclusive and executive VIP package.
The basic package allows members to access our elite models, extravagant VIP packages and access to our never been touched virgins. There is no cost for the basic package and available to all members.
The exclusive package allows members to access our elite models, extravagant VIP packages, access to our never been touched virgins and access to our celebrity models. The cost for the exclusive package is €65.99 per month and available to our members.
The executive VIP package allows members to access our elite models, extravagant VIP packages, access to our never been touched virgins, access to our celebrity models, first refusal on our model of the month, a free date with one of our models, a free date with two of our models, 5% off our extravagant VIP package and a private invitation to private parties and events held once a year. The cost for the executive VIP package is €199.99 per month and available to our members.
To qualify for the above offers you must be a touched member for 6 months and be fully using our services. Touched executive members will have access to private parties held once a year subject to the membership holding at 200 members.
Intellectual Property and Copyright
The names, images and logos identifying Touched Escorts, the Website or third parties and their products and services are subject to copyright, design rights and trademarks of Touched Escorts and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Touched Escorts, the Website, or any other third party.
The copyright and all other rights in the material on the Website are owned by Touched Escorts or are included with the permission of the owner of the rights. As a visitor to the Website, you may download a single copy of the material on the Website on a single computer for your own private viewing/listening purposes only. Single copies of pages from the Website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying or distribution of material on the Website for any commercial or business use is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the pages of the Website is permitted without our prior written consent except as may be reasonably necessary to use the Website in good faith. Subject to this paragraph, all rights in material on the Website are reserved to Touched Escorts.
User Generated Content and Advertisement Content
Users are solely responsible for Content they have posted on to the Website. Touched Escorts are not responsible, or liable whatsoever, for the content or accuracy of any Content Posted by Users or any other user of the Website.
Users undertake that any Content Posted by them will comply with all relevant and appropriate laws, advertising standards and copyright legislation and you indemnify us for any breach of this undertaking. You may not submit any defamatory or illegal material of any nature to Touched Escorts via the Website or otherwise. This includes text, graphics, video, programs or audio. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.
Users agree to only submit materials which are your own original work. You must not violate, plagiarise, or infringe the rights of third parties including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.
Any Content Users Post to the Website will be considered non-confidential and non-proprietary. By Posting Content you grant to us an irrevocable, worldwide, royalty free and sub-licensable licence and right to use, copy, distribute and disclose to third parties any such Post and Content for any purpose.
Touched Escorts reserves the right (but not the obligation) at its sole discretion to refuse, review edit, move or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so. However, Touched Escorts will not review the materials that you or anyone else makes to the Website and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that Touched Escorts are aware of it. If you object to the publication of any material placed on the Website, please contact us.
Linking to the Website
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
The Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Terms.
You are not permitted;
to use any logos or trademarks displayed on the Website without the express written permission of Touched Escorts link from a website that is not owned by you to link to your website if it contains content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
If you wish to make any use of material on the Website other than that set out above, please contact us.
Whilst Touched Escorts endeavours to ensure that the Website is normally available 24 hours a day, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind and we do not accept any liability arising from any interruption in availability. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
You acknowledge that whilst Touched Escorts endeavours to ensure that information on the Website and any related material provided to you by Touched Ltd whether by email or otherwise (“Touched Escorts”) is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by Touched Escorts. You acknowledge that the information on the Website does not necessarily reflect the views and opinions of Touched Ltd or any of its brands and that Touched Escorts should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision.
You acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by Touched Escorts. No liability shall be accepted by Touched Escorts for any inaccuracy or omission in the information provided on the Website or the Touched Escorts. All implied warranties are excluded from these Terms to the extent that they may be excluded as a matter of law.
Touched Escorts will use reasonable endeavours to ensure that the do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code. Touched Escorts excludes to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website.
Touched Escorts will not be liable for any damages (including, without limitation, damages for loss of the profits) arising in contract, tort or otherwise from your use or inability to use the Website or any content or from any action taken (or refrained from being taken) as a result of using the Website or any content of it, including in respect of infringement of third party rights arising from the your use of the content.
Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. Touched Escorts has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Touched Escorts therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. Please note that Touched Escorts gives no warranty that links to third party sites on the Website shall be marked as such.
The Website may contain links to third party websites where you may purchase items or purchase items from third parties through the Website. Users acknowledge that when making a purchase from a third party on the Website or a third-party website you enter into a contract with that third party at your own risk and Touched Escorts will bear no liability for that contract. Please note that third parties may operate such shopping sites with reference to the name of the Website, but that does not mean that Touched Escorts are responsible for their conduct or any contracts that you enter into with them.
The Website may from time to time contain advertising and sponsorship. Touched Escorts are not responsible for either the content of the material provided by such Users and sponsors or their compliance with voluntary or statutory codes or provisions. In particular, Touched Escorts can provide no warranty that it will not take advertisements or sponsorship from your competitors.
While every endeavour will be made to meet the wishes of Users, Touched Escorts does not guarantee the insertion, the position, or the colour of any particular advertisement or post.
Touched Escorts reserves the right to omit, suspend, or change the position of any advertisement, even if it has already been accepted for publication.
Touched Escorts does not accept responsibility for any loss or damage caused by (a) an error, inaccuracy or omission in the printing of the advertisement: (b) for any failure to publish an advertisement on the date or dates specified by the User: (c) for the publication of an advertisement on the date or dates specified by the User whether the actual date be earlier or later than the date or dates specified.
Touched Escorts reserves the right to make any alteration it considers necessary or desirable in an advertisement and to require artwork or copy to be amended to meet its approval.
The User/Advertising Agency agrees to indemnify Touched Escorts in respect of all costs, damages, or other charges falling upon the newspaper as the result of legal actions or threatened legal actions arising from the publication of the advertisement, or any one or more of the series of advertisements, published in accordance with the copy instructions supplied to the newspaper in pursuance of the User's/Advertising Agency's order. In any case where a claim is made against the newspaper or the newspaper is used in litigation the User/Advertising Agency may ultimately be liable under the terms hereof, notice in writing shall be given to the User/Advertising Agency, and consultation shall take place before any expense is incurred or the claim is settled or the case is defended or otherwise disposed of.
Copy must be supplied without application from Touched Escorts. In the event of copy instructions not being received by the copy date Touched Escorts reserves the right to repeat copy last used. The Touched Escorts cannot accept changes in dates of insertion unless these are confirmed in writing in time for the change to be made. Touched Escorts reserves the right to charge for any additional expense involved in such changes.
Suspension of access to the Website and User Indemnities
If, for any reason, Touched Escorts believes that you have not complied with any of these Terms it may, at its sole discretion, suspend or cancel your access to all or some of the Website immediately and without giving you any advance notice.
Without prejudice to the provisions of this Clause, you agree to compensate Touched Escorts in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from your use of the Website and/or Touched Escorts Materials (or by a third party using your username and password) including in particular (but not limited to) any statements, contributions or other content posted on the Website or any breach of the Using the Website Clause.
Limitation of Touched Escorts. Liability
Touched Escorts will not be liable for any loss or damage caused by Touched Escorts or its employees or sub-contractors in circumstances where:
there is no breach of a legal duty of care owed to you by Touched Escorts (or its employees or sub-contractors); or such loss or damage is not a reasonably foreseeable result of any such breach; In respect of any increase in the loss or damage resulting from your actions. Nothing in these Terms & Conditions shall exclude or limit Touched Ltd liability for: death or personal injury caused by the negligence of Touched Ltd and/or its employees negligence; or fraudulent misrepresentation by Touched Escorts and/or its employees.
These Terms shall be governed by, and construed in accordance with, English law and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms unless the Touched Escorts shall elect to bring proceedings in the courts of the country of the user's residence or of principal place of business.
These Terms, as varied by Touched Escorts from time to time form the entire understanding between us. Headings in these Terms are for convenience only and will have no legal meaning or effect.
No delay or indulgence by Touched Escorts in enforcing the provisions of these Terms shall affect Touched Escorts rights under them nor shall any waiver of Touched Escorts rights operate as a waiver of any subsequent breach.
No right, power or remedy conferred upon or reserved for Touched Escorts is exclusive of any other right, power or remedy available to Touched Escorts provided either under these Terms or as a matter of law and each such right, power or remedy shall be cumulative.
You may not assign sub-license or otherwise transfer any of your rights or obligations under these Terms.
If any provision of these Terms are found to be invalid the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms, which shall remain valid and enforceable.
Nothing in these Terms shall operate to exclude liability that cannot as a matter of law be excluded and in particular, and notwithstanding the limitations of liability set out above, our liability for death or personal injury caused by our negligence shall not be excluded or limited in any way.
If there is any conflict between these terms and specific terms appearing elsewhere on any Touched Escorts information, then the latter shall prevail.
For and Behalf of
North Rhine -Westphalia