Terms and Conditions

General Terms and Conditions

The following Terms and Conditions govern the contractual relationship between Performing Market Solutions LLC, 7901 4TH ST N STE 300, ST PETERSBURG, FL 33702 (hereinafter: PMS) and the users and customers of tele-media services (hereinafter: users). They define the conditions under which the services of the PMS can be used.

I. The subject of the contract; description and scope of performance

PMS allows users access to a central database system. Different domains of PMS can be accessed on the database system. This database system contains profiles, information and data from but not limited to: chat and webcam performers (hereinafter: performer) and other participants. After registering, the users will have the opportunity to search the database for profiles of the performers, to view profiles, to contact the performer and to access the database material of the performers. The content, type and duration of the database material provided and transmitted by the relevant performer is the responsibility solely of the performer. PMS provides both free and paid services. Before these services are provided, the user will be informed of the requirement to pay, the content and the scope of services, and of the fee and the terms of payment.
In addition to this portal, PMS operates portals under other names and other domains. To be able to offer the maximum number of profiles to the user, PMS allows the users of the respective portals to access the profiles of performers and other participants of the other portals across the service.
PMS's services are offered exclusively for private, non-commercial purposes. By registering on a portal of the PMS, the user undertakes to use the service for private purposes only.
Temporary errors or interruptions of the services provided by PMS may occur due to force majeure or to technical changes (maintenance, interruptions for offline backups, software updates). PMS will make all reasonable efforts to ensure the uninterrupted call-up of services. The availability of the services is limited to accessibility with minor impairments. Impairment of the availability of the services is deemed minor if the disturbance or interruption does not exceed 24 hours in a month.
PMS reserves the right to amend the performance and service description if the amendment is due to legal or regulatory requirements or if an adaptation to the technical state of the art is necessary, insofar as the change does not vary significantly from the original performance or service description and the user is not disadvantaged by this.
PMS shall announce any such change to the user within two weeks. The user can object to the changes within this same period. If the user does not object to the changes within these two weeks, the amended performance and service descriptions shall be in force from the day the period expires.
PMS may use externally mandated service providers to offer its tele-media services. This includes in particular payment providers, content providers, senders of newsletters and debt collection agencies. Externally mandated service providers that perform services on behalf of PMS are not considered third parties within the meaning of these Terms and Conditions.
In addition to free services, the user is offered to contact other users and/or models and write messages to them for a fee. Before these Services are provided, the user is informed of the costs, content and scope of the Services as well as the price and terms of payment.

II. Conclusion of the contract and access

Persons not of legal age as well as those acting on behalf of a third party are excluded from using the services of PMS. If PMS has any reasonable suspicion that a person is ineligible, PMS is entitled to examine the personal data of the person by requesting official identification documents. Ineligible users shall be excluded from using the services of PMS and the database.
The database and the services of PMS can be accessed and used following user registration. The user registers with a pseudonym and a password of his or her own choosing. Registration requires that an e-mail address for the user be given, the registration form be filled out in full, and confirmation of the link sent by PMS to the email address given by the user.
Only one registration may be carried out by one individual. The registration requires an independent, deliberate decision by the individual registering.
By registering, the user confirms the inclusion of these Terms and Conditions. This creates a free contractual relationship between PMS and the user.

III. Fee-based services

PMS offers various fee-based services and benefits in addition to the free services. By using any of these services, the user enters another contractual relationship that is separate from the free contractual relationship. These General Terms and Conditions also constitute the basis of this further contractual relationship. Prior to the conclusion of the fee-based contract, the user will be notified on the respective portal of the content, the price, the duration, and the payment terms. By selecting the fee-based service on the respective portal and accepting the obligation to pay by pressing the "buy" button (hereinafter: ordering process), the user concludes the contract.
By concluding the fee-based contract the user receives, in the form of a credit account, an amount selected in the ordering process. The credit balance is managed in so-called ‘coins’. The user can access this service by paying the coins displayed at the respective service. The coins are consumed simultaneously with the provision of the service. Once the account has no more coins, the fee-based services can no longer be used. The user can add more coins to his credit account through the ordering process.
PMS offers users the opportunity to replenish credits automatically. Through an opt-in to this system, a number of coins previously selected by the user is purchased when the credit is used up. The credit balance is replenished only when it is used up during the provision of a fee-based service.

IV. Run-time; Termination

The user is entitled to terminate the contractual relationship for the free services at any time. The cancellation shall be effected through a deregistration of the profile by email.
The profile of the user and any associated records will be deleted after termination of the contract, insofar as no legal requirements require storage. The contractual relationship for fee-based services must be terminated separately from this.
The account credit cannot be redeemed upon termination.

V. Purchases

In addition to the free Services, including but not limited to; PMS offers the User various fee-based Services and benefits. With each individual use of these Services, the User enters a new contractual relationship with PMS. Each use of a Service constitutes a new contractual relationship. These Services are completely detached from the free use of the PMS database system. The individual contracts do not constitute subscriptions. The contract is concluded by the User selecting the chargeable Service and accepting the payment obligation by pressing the "Buy" button (hereinafter: Order Process). The Services subject to charges are also subject to local terms and conditions.

PMS Purchases: If the User chooses to make a purchase through PMS, they agree to pay PMS all fees at the indicated price for the Services they have selected, as well as any costs or taxes that may be incurred on their payments. In addition, PMS is authorized to charge the selected payment provider (the User's "payment method"). PMS may correct any billing errors or mistakes even if payment has already been requested or received. If the User reverses a transaction or otherwise reverses a payment via its payment method, PMS, PMS, may, at its sole discretion, immediately delete the User account.

„Coins“: Through the conclusion of a payable contractual relationship, the User receives an amount selected in the Order Process, which is credited in the form of a credit account. The credit balance is denominated in so-called "Coins". For a consumption of 50 "Coins" the User can send messages to other Users. If the credit account no longer contains any "Coins", it is not possible to send another message to other Users. The User can add "Coins" to their credit account again through the Order Process, through which a new purchase contract is concluded.

Virtual Items: The "Coins" are virtual items that the User acquires. The User is only permitted to purchase virtual items via PMS, PMS and by no other means. Virtual items form a limited license subject to this Agreement. Unless otherwise prohibited by applicable law, virtual items purchased by the User will be licensed to the User and the User acknowledges that no title or ownership of the virtual items will be transferred or assigned to the User. This Agreement shall not be construed as a sale of rights of virtual items. No account balance in the User's account with respect to the virtual items represents a real-world account balance or reflects any stored values but represents a measure of the scope of the User's license. There are no fees for virtual items if they are not used, but the license granted to the User for virtual items ends, in accordance with the terms of this contract, if PMS ceases to provide the Service or if the User's account is otherwise closed or terminated. PMS reserves the right, in its sole discretion, to charge fees for the right to access or use virtual items and/or may distribute virtual items for a fee or free of charge. PMS can manage, regulate, control, modify or remove virtual items at any time. If PMS exercises any of these rights, PMS shall not be liable to the User or to third parties. The transfer of virtual items is prohibited, and the User may not sell, accept back or otherwise transfer virtual items to any natural or legal person. Virtual items can only be taken back via the Service. All purchases and returns of virtual items made through the Service are final and non-refundable. The provision of virtual items for use within the Service, is a Service provided by PMS that begins immediately upon the User's acceptance of the purchase of such virtual items.

Refund: User acknowledges that PMS are under no obligation to refund for any reason and will not be entitled to any money or other compensation for unused virtual items if an account is closed, whether intentional or unintentional. However, PMS will review each request on a case-by-case basis and has the right to make refunds only as a gesture of goodwill and without acknowledging any legal obligation.

In general, all fees for purchases are non-refundable and there are no refunds or credits for partially used periods.

Purchases of virtual items are final and non-refundable.

VI. Terms of payment

The fee for paid services is to be paid in advance to PMS and will be withdrawn in full via the payment method selected in the ordering process.
PMS can complete the payment for chargeable services via an external service provider contracted by PMS.

VII. User obligations

The user is solely responsible for the content of his or her registration, the other information about his or her person, and the information that he provides about himself or herself. The user assures that the data is truthful and that it describes him personally. Intentionally or fraudulently submitted false data can result in civil and criminal proceedings and entitle PMS to block the user profile, without this affecting PMS’s claim for payment.
The user declares that he shall not use the services of PMS for business or commercial purposes, in particular for advertising purposes. The user is not allowed to read the content and profiles of other users manually or through the use of computer programs in order to exploit the data gathered in this way outside of the portals of PMS.
The user shall keep his access data confidential. If the user passes the access data to third parties, the user is liable for all consequences of his action. If there arises any suspicion that the access data has been passed to third parties, the user must immediately inform PMS of this and take appropriate steps to prevent further abuse (for example, by changing the user password).
The user furthermore shall not abuse the services of PMS, in particular, shall not

use them to distribute defamatory, racist, inflammatory or otherwise unlawful material or information;
request illegal pornography via the database system or from the performers;
use them to threaten, harass or violate the legal rights (including personal rights) of other users or performers;
introduce into the system or the database any data that contains a virus or contains software or other material that is protected by copyright or by other proprietary rights, unless the user is the owner of the respective rights or has the necessary consent to use them;
use these services in a way that adversely affects the availability of services for other users;
intercept e-mails or other messages and shall also not attempt to do this;
send chain letters;
send e-mails or other messages that serve a commercial or trade purpose;
mention in the personal description any names, addresses, telephone or fax numbers, Messenger addresses, emails or URLs;
collect, store, or process any personal data about other users or performers.

Failure to observe the above rules of conduct or violation of other obligations in these Terms and Conditions shall entitle PMS immediately to block access by the user to the database of PMS and immediately terminate the contract without notice for significant cause.
If the user links commercial or business interests with the conclusion of the contract or uses the data made available to him for business or commercial purposes or for purposes not expressly approved by PMS, he or she shall pay PMS a contractual penalty of €1,000.00 for every proven violation. Any further claims for damages remain hereby unaffected.
You agree not to use the service for any illegal purpose, or for the transmission or posting of any digital information including, but not limited to; text, images, graphics, and audio/video/audio-video recordings (the Content) that is unlawful, harassing, libelous, abusive, threatening or obscene or that that constitutes an infringement/invasion of the rights of privacy or publicity of any individual or entity.

YOU ARE STRICTLY PROHIBITED FROM USING THE SERVICE TO OFFER, ADVERTISE, OR PROMOTE PROSTITUTION, SEX TRAFFICKING, OR UNLAWFUL SEX ACTS BY FORCE, FRAUD OR COERCION.

VIII. Operation

PMS will at its best effort check the user-entered content and data and to remove the corresponding data in the event that the content violates these General Terms and Conditions.
PMS will at its best effort check texts, graphics, uploaded photos and photographs for compliance with these General Terms and Conditions and against the legal requirements and, in the event of a breach, to remove it.
By entering into this Agreement, you hereby represent and warrant that you have reached the age of 18 or if greater the age of majority in the jurisdiction in which you are located at the time of giving a performance. You also represent and warrant that all information including documents that you provide to PMS will be accurate, up to date and valid in all respects. PMS has a robust process for verifying the age and identity (“ID”) of every Performer. This process includes, but not limited to; the review and validation of your photo identification and steps to ensure that your photo identification is in the possession of, and belongs to, you.
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 have been created by the performers and have been approved and pre-screened by PMS according to its policy. PMS blog posts are checked according to its terms and conditions and our best effort for content however will not be edited by PMS. PMS reserves the right to modify and/or delete such blog posts at its own discretion if deemed illegal or inappropriate.

PMS assumes no liability for the correctness of the posts or for the availability of this service. The respective performer is solely responsible for the content and form of the blog posts. PMS assumes no liability before becoming aware of possible legal violations arising out of the content of the blog posts.

5. Use of Your Comments, Photos, Videos and Digital Media: By submitting and/or uploading data and files such as but not limited to; your story, comments, photos, videos, digital content of any means ( “Your Content” ) on our wall, website and domains, you are authorizing PMS to use, publish, and otherwise reproduce, modify, distribute and grant unlimited downloads to other users and members of Your Content with or without your name in perpetuity, worldwide in any and all PMS related media for any lawful purpose. These uses may include, but are not limited to; information, education, promotion or advertising of PMS and/or affiliates its products via the internet, web sites, mobile apps and social media. Please do not upload or post any digital media such as but not limited to; photos, images and videos than your own unless you have the owner’s written permission. If any individuals of lawful legal age according to our terms and conditions other than you appear in any digital media such as but not limited to; photos, images and videos, you must have and obtained prior written permission to use digital media such as but not limited to; photos, images and videos from the individuals.

IX. Rights

The user receives a simple, non-transferable and limited right to use the fee-based database restricted to the duration of the contract term.

X. Liability

PMS assumes no responsibility or warranty for the correctness and security of the data and content published or transmitted by the performers. PMS likewise assumes no liability for the accuracy of the content of the performer profiles. Although it is not allowed, performers are able to enter false or illegal information and content or to use the services of PMS for unauthorized or unlawful purposes. However, PMS at its best effort pre-screens and reviews all content provider uploaded digital media prior to publication on its website according to its terms and conditions.
With access to the database, PMS makes available an IT service and is not responsible for any success.
Since PMS has no influence on the transport of data over the Internet outside of its own IT infrastructure and given the idiosyncrasies and uncertainties of the Internet, PMS can assume no liability for any external data loss and/or errors that may occur during data transmission. PMS is not responsible for any failures of the offer, the causes of which lie outside the sphere of influence of PMS (e.g. due to force majeure or technical disruptions of the Internet).
PMS assumes no liability for the misuse of information that the user himself has made available to third parties. PMS is similarly not responsible for the unauthorized acquiring of knowledge by third parties of users’ personal data (for example, through unauthorized access to the central database), unless PMS has allowed third parties to acquire that unauthorized knowledge intentionally or through gross negligence.
PMS is liable – excluding violation of essential contractual obligations and for death, injury or impaired health or claims under the Product Liability Act – only for intent and gross negligence. Essential contractual obligations are those the fulfilment of which is necessary to achieve the objective of the contract.
In the event of a minor negligent breach of a duty that is essential to the purpose of the contract (cardinal obligation), the liability of PMS is limited to an amount that is foreseeable and typical of the nature of the transaction in question.
The foregoing limitation of liability also applies to the personal liability of employees, representatives and bodies of PMS.
PMS has no further liability.

In the event of a minor negligent breach of an obligation which is essential for achieving the purpose of the contract (cardinal obligation), PMS's liability shall be limited in amount to the damage which is foreseeable and typical for the type of activity in question.

The above limitation of liability also applies to the personal liability of PMS's employees, representatives and agents.

XI. Indemnification

The user shall indemnify, defend, and hold harmless PMS, its partners, agents and employees, and their respective successors and assigns (collectively, “Indemnitor”) in the framework of legal regulations, from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines and expenses, including, but not limited to, reasonable attorneys’ fees and costs and from all further obligations, from any actions and damages due to but not limited to; insult, defamation, infringement of intellectual property, personal or other rights of third parties and due to loss of services to other users for which the user is responsible.

XII. Service offered through external service providers

Services that are offered by third parties on the portals of PMS with the approval of PMS may be subject to additional conditions and fees that the user must pay.
Before using any third-party service, the user is obliged to familiarize himself with its General Terms and Conditions and prices. PMS is neither party to nor representative of a contractual relationship between the user and the third-party service provider.
PMS is in particular not liable for the accuracy and reliability of the content, information, opinions and other communications of a third-party vendor, unless PMS has acted intentionally or with gross negligence.

XIII. Modification of the General Terms and Conditions

PMS reserves the right to change these terms and conditions at any time, provided that the core provisions of the contract remain unaffected hereby and that this change is necessary to adapt to developments that could not be foreseen by PMS upon conclusion of the contract and that if not taken into account would significantly disrupt the balance of the contract. Core provisions are in particular the nature and scope of the agreed services, as well as the duration, including the provisions for cancellation. PMS is entitled to make changes to close loopholes in the contract that occur in particular through regulatory changes and changes in the case law.
PMS will notify the user of the changes by sending an email that includes the General Terms and Conditions that are to be amended. The user may object to the amendments within two weeks. If the user does not object to the changes within this period, the amended General Terms and Conditions shall apply from the date the period expires.

XIV. Data privacy

PMS collects, processes and uses personal data of the user as described in these Terms and Conditions and in the privacy policy. The retention of personal data is guided by the statutory

requirements.

Cloudflare:

We may use the “Cloudflare” service provided by Cloudflare Inc., 101 Townsend St., San Francisco, CA 94107, USA. (hereinafter referred to as “Cloudflare”). Cloudflare offers a content delivery network with DNS that is available worldwide. As a result, the information transfer that occurs between your browser and our website is technically routed via Cloudflare’s network. This enables Cloudflare to analyze data transactions between your browser and our website and to work as a filter between our servers and potentially malicious data traffic from the Internet. In this context, Cloudflare may also use cookies or other technologies deployed to recognize Internet users, which shall, however, only be used for the herein described purpose. The use of Cloudflare is based on our legitimate interest in a provision of our website offerings that is as error free and secure as possible (Art. 6(1)(f) GDPR).

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.cloudflare.com/privacypolicy/.

For more information on Cloudflare’s security precautions and data privacy policies, please follow this link: https://www.cloudflare.com/privacypolicy/. The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US, which is intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF is obliged to comply with these data protection standards. For more information, please contact the provider under the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt0000000GnZKAA0&status=Active

SSL and/or TLS encryption:

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website may use either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line. If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

XV. General information

The legal relationships existing between PMS and the user shall be governed by the law of the United States, subject to compulsory regulation. The court of jurisdiction for all claims arising from this contract is St Petersburg, Florida, if the user is not a consumer. The applicability of mandatory provisions of the country in which the user has his habitual residence or place of residence at the conclusion of the contract shall remain unaffected.
Should individual provisions of these General Terms and Conditions be invalid or incomplete, the remaining Terms and Conditions shall remain unaffected in their validity.

XVI. REVOCATION INSTRUCTIONS

Right of withdrawal:
You have the right to cancel this contract within 14 days without stating reasons.
The revocation period is fourteen days from the date of the conclusion of the contract.
To exercise your right of cancellation, you must inform us in writing via email: support@girls2dream.com of your decision to revoke this agreement by submitting an unambiguous declaration (e.g. a letter sent by e-mail). You can use the attached sample cancellation form, but you are not required to do so.
To comply with the revocation period it is sufficient that you submit the declaration that you are exercising the right of withdrawal before the withdrawal deadline.
Consequences of revocation:
If you withdraw from this contract, we will refund all payments we received from you, including shipment costs (except for additional costs arising when you choose a way of delivery different from the most cost-efficient standard delivery offered by us) immediately and at least within fourteen days from the day we received the notification of withdrawal from this contract. For this refund we will use the same payment method that you selected in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged a fee for this refund. If you have requested that the service should begin during the withdrawal period, you must pay us an appropriate amount for services already providedcorresponding to the percentage of the total volume of services provided for in the contract up to the date on which you informed us that you are exercising the right of withdrawal from this contract.
Sample withdrawal form:

(If you would like to withdraw from the contract, please complete this form and send it back.)

To PMS, e-mail: support@girls2dream.com:

I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods(*) /provision of the following service(*):
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signatures of the consumer(s) (only for communication on paper)
Date

(*) Delete as appropriate.

Insofar as the user has given his express consent, the right of withdrawal expires prematurely if the service desired by the user was provided in full by PMS before the user exercised his right of withdrawal.