Terms of Use

1. Object of the Terms and Conditions

1.1 Choisie OOD (hereinafter referred to as "Choisie" or "we") provides a platform at www.chosie.com (hereinafter referred to as "the portal"), via which the duly registered customers or models (hereinafter referred to jointly as the "participants") can communicate and interact with one another. The participants can create individual personal profiles, request access to the available content on the portal, and also use the other currently available free and paid services within the scope of the respective availability.

1.2 These terms and conditions for participation and use govern the provision of services by Choisie and the use of these services by you as a duly registered participant.

2. Amendments to the Terms and Conditions

Choisie reserves the right to change these terms and conditions for participation and use at any time also with effect within the existing contractual relationships. Choisie shall notify you of any such changes at least 30 calendar days before the planned coming into effect of said changes. Provided that you do not object within 30 days of receipt of the notification and continue the use of the services after the expiry of the objection period, the changes shall be deemed to be effective as of the lapse of time. In the event of your opposition, the contract will be continued under the existing conditions. In the notification of amendments, Choisie will indicate your right of objection and the consequences.

3. Registration Authorisation

3.1 The use of the services that are available on the portal requires your registration as a participant. There is no entitlement to participate. Choisie is entitled to reject registrations for participation without giving reasons.

3.2 Registration is only permitted if you are of full age and unlimited in your legal capacity. Minors are not allowed to register. In the event of a legal person, registration must be made by a natural person with unlimited capacity and who is authorised to act as a representative.

4. Your Registration on the Portal

4.1 Contact details and other information requested by us during the registration process must be stated completely and correctly. When registering a legal person, the authorised natural person must also be indicated. Choisie reserves the right to review the information by submitting appropriate documents, such as an extract from the commercial register or a personal identity card.

4.2 After all the details requested by you have been provided they shall be checked by Choisie for completeness and plausibility. If, from our point of view, the information is correct and there are no other concerns, we will activate your requested access and notify you by e-mail. The e-mail that is sent is considered an acceptance of your request for participation. From the receipt of the e-mail, you are entitled to use the portal under these terms and conditions. You must confirm your activation by clicking on the link in the e-mail that is sent.

5. Responsibility for Access Details

5.1 In the course of the registration process, you will be asked to provide a username and password. It is your responsibility to ensure that the username does not violate the rights of third parties, in particular no name or trademark rights, and that it does not violate common decency.

5.2 The access details including the password must be kept secret by you and shall not be made accessible to unauthorised third parties.

5.3 Furthermore, it is your responsibility to ensure that your access to the portal and the use of the services available on the portal is exclusively carried out by you or by the persons authorised by you. If you are concerned that any unauthorised third parties are aware of your access data or are likely to obtain it, please inform Choisie immediately.

5.4 You are liable for any use and/or other activity that is carried out with your access details, in accordance with the legal regulations.

6. Updating Participants' Details

You are obliged to keep your details (including your contact details) current and up-to-date. If any change occurs within the duration of your participation, you must correct the information immediately on the portal in the section of your personal settings. If this does not work, please inform us immediately of any changes to your details either by e-mail or fax.

7. Termination of Participation

7.1 Access can be terminated at any time by signing out of the portal.

7.2 If termination takes effect, the contractual relationship ends and you are no longer allowed to use your access. Choisie reserves the right to block the username and password with the coming into force of the termination.

7.3 Choisie is entitled to irrevocably terminate all data that has arisen within the scope of your participation after the expiry of 30 calendar days after the termination has taken effect and after the expiry of any statutory period.

8. Service Portfolio and Availability

8.1 Choisie allows you to market or advertise your person as a model on the portal or to communicate and interact with the models presented here, in order to compile a suitable service package for you. Choisie provides various information and other services for temporary use, including the making available of data, contributions, image and audio documents, information and other content, the possibility of creating individual profiles and establishing contact with other participants.

8.2 Provided that a customer decides to book a specific model, the customer clicks on the appropriate button. The booking process is then handled through the platform in accordance with the applicable payment and booking terms. A contract is concluded exclusively when the booking is confirmed. Choisie is merely acting as an intermediary.

8.3 Third party services can also belong to the available services, which Choisie only provides access to. For the use of such services, additional regulations may be applicable which deviate from these terms and conditions.

8.4 There is a claim for the use of the services available on the portal only within the scope of the technical and operational possibilities with Choisie. Technical interferences (such as power interruptions, hardware and software failures, technical problems in the data lines) may result in temporary limitations or interruptions.

9. Protection of Content, Responsibility for Third Party Content

9.1 The content available on the portal is protected by copyright or other proprietary rights and is owned by Choisie, the other participants or other third parties who have provided the respective content. You may only use this content in accordance with these terms of participation and use.

9.2 Choisie does not carry out any checks with regard to completeness, correctness or legality in the case of third party content, and therefore does not accept any responsibility or make any guarantees for the completeness, correctness, legality and topicality of the third party content.

10. Scope of Permitted Use

10.1 Your right to use is restricted to access to the portal and to the use of the services available on the portal within the framework of these terms and conditions.

10.2 You are responsible for creating the necessary technical conditions in your scope of responsibility for the contractual use of the services. Choisie does not owe you any guidance in this regard.

10.3 Choisie points out that your usage activities can be monitored to the extent permitted by law. This may include the logging of IP connection data and call sequences as well as their evaluation, in the event of a specific suspicion of a breach of these terms and conditions and/or in the event of a specific suspicion of the existence of any other unlawful act or offense.

11. Creation of User Profiles

11.1 If available as a feature on the portal, you can customise your user profile according to your requirements within the framework of the present terms and conditions. Please pay attention to the limitations indicated in section 14.

11.2 As a general rule, Choisie does not carry out any verification of the identity of the profile owner and the information found in the profiles. Therefore, Choisie does not guarantee that each profile owner is the person the respective profile owner claims to be.

12. Configuring Your Own Content

12.1 If available as a feature on the portal, you may, subject to the following regulations, configure content on the portal and make it available to third parties.

12.2 By configuring content, you hereby grant to Choisie a free-of-charge, non-transferable and transferable right of use, unlimited in terms of content and location, in particular for the storage of the content on our server and its publication, for the processing and reproduction necessary for presentation or publication, and for the granting of third party rights to your content.

12.3 You are fully responsible for the content that you provide. You hereby declare and guarantee that you are the sole owner of all rights to the content you have posted, or are otherwise authorised to adjust the content and the rights of use and exploitation.

12.4 Choisie reserves the right to refuse the configuring of content and/or any editing, blocking or removal of already configured content without prior notice, provided that the content results in a breach of clause 14 or there are specific indications that a serious breach will occur.

13. Right to Use Content Available on the Portal

13.1 You may access the portal and view the content available online exclusively for personal purposes. This right of use is limited to the duration of your contractual participation. You are prohibited from editing, changing, translating, publishing, displaying, reproducing or disseminating the content available on the portal in whole or in part.

13.2 You are only authorised to download or print content where a download or print option is explicitly available as a feature on the portal. In such cases, you will be granted unlimited and non-exclusive rights of use for your own non-commercial purposes only.

13.3 Your compulsory legal rights (including copying for private and other personal use according to section 53 of the German Copyright Act (UrhG)) remain unaffected.

14. Forbidden Activities

14.1 You are forbidden from conducting any activities on or relating to the portal that violate applicable law, violate the rights of third parties or violate the principles on the protection of minors. In particular, the following actions are forbidden:

• The dissemination, diffusion, offer and promotion of pornographic content or services contrary to the protection of minors, data protection and/or other rights
• The use of content that offends or slanders other participants or third parties
• The use, provision and diffusion of content, services and/or products that are protected by law or subject to the rights of third parties without being expressly authorised to do so

14.2 Furthermore, the following activities are also prohibited:

• Spreading viruses, Trojans and other damaging files
• Sending junk, spam or chain mail
• Distribution of offensive, sexually characterised, obscene or defamatory content
• Harassment of other participants
• Requesting other participants to share passwords
• Diffusion and/or public reproduction of content available on the portal without express permission

14.3 You are likewise prohibited from any action that is likely to affect the proper running of the portal, in particular if it threatens to overload our systems.

14.4 Should you become aware of any illegal, abusive, unlawful or other unauthorised use of the portal, please get in contact with us. Choisie will then review the process and, if necessary, take suitable measures.

14.5 In the event of a suspicion of unlawful or criminal acts, Choisie is entitled and, if necessary, obliged to review your activities and take appropriate legal action, including submission of a case to the public prosecutor's office.

15. Blocking Access

15.1 Choisie may suspend your access to the portal temporarily or permanently if there are specific indications that you have violated these terms and conditions and/or applicable law, or if we have other legitimate interests in blocking you.

15.2 In the event of temporary or permanent blocking, Choisie will block your access authorisation and notify you via e-mail.

15.3 In the event of a temporary suspension, Choisie reactivates the access authorisation after the expiry of the blocking period and notifies you by e-mail. Permanently barred access authorisation cannot be restored. Permanently barred persons are permanently excluded from participating in the portal and are not allowed to register again.

16. Data Protection

16.1 One of the quality requirements of Choisie is to deal responsibly with the personal details provided by participants. The personal details resulting from your registration on the portal, as well as from the use of the available services, will therefore only be collected, stored and processed to the extent that this is necessary for the contractual provision of services and is permitted by statutory provisions. Choisie will treat your personal details in a confidential manner and in accordance with applicable data protection law and will not disclose this information to third parties.

16.2 In addition, we only use your personal details if you have expressly granted your consent. You can revoke your consent at any time.

17. Liability

17.1 Should your use of services be made available on the portal free-of-charge, Choisie shall be liable only to the extent that any damages have arisen due to the contractual use of the free content and/or services and only in the event of intent (including fraudulent intent) and gross negligence on behalf of Choisie.

17.2 Within the scope of the use of paid services, Choisie is liable as follows: Choisie shall be liable without limitation for damages caused by intent or gross negligence. Choisie is not liable for cases of negligent breach of insignificant contractual obligations. Furthermore, liability for damages caused as a result of slight negligence is limited to damages that are typically expected to arise within the scope of the respective contractual relationship. The aforementioned limitation of liability does not apply in the event of fraudulent use, personal injury, the violation of guarantees or claims arising from product liability.

18. Written Form Requirement

Unless expressly stated otherwise in these terms and conditions, all statements made during the course of the participation in the portal shall be made in writing or by email.

19. Severability Clause

In the event that any provision of these terms and conditions is or becomes invalid, the legal validity of the remaining provisions shall remain unaffected. Instead of the invalid provision, an effective provision is agreed on that is closest to the economic intention of the parties.

20. Applicable Law

These terms and conditions are subject to the laws of the Federal Republic of Germany with exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

21. Place of Jurisdiction

The exclusive place of jurisdiction for all disputes arising from these terms and conditions is Hildesheim, provided that such an agreement on the place of jurisdiction is permitted.