General Terms and Conditions
All services on „www.boobfrog.com“ are provided by
TransLease International Ltd
71 Amiens Street
For all further information, please see our General Terms & Conditions listed below (as of February 25, 2010).
- Our General Terms & Conditions solely apply: we do not accept any other conditions that oppose or differ from our General Terms & Conditions unless we expressly accepted them in written form. Our T&Cs are still valid if we allow the usage of our services in having knowledge of conditions of the user opposed or differed to our T&Cs.
- All agreements between us and the user for the purpose of giving effect to this contract are written down in these T&Cs.
- Our services are only available for users at the age of 18 or older. The services are only for private thus not commercial purposes.
- The host operates a contact portal in the internet and offers the user the opportunity to access to its database and use it for the contractual purpose.
- Every registered user has the opportunity to view other members′ profile via our database, to create an own profile, to search profiles via a general search function, to send a limited number of messages and fuck me′s to other users as well as to create a showroom on the website and a personalised homepage with a limited number of pictures and videos („cost free membership“).
- Any user of services with costs has the opportunity – beyond the scope described in paragraph 2 – to use extended search functions, to send unlimited messages and fuck me′s and to upload unlimited content into his showroom.
- The host reserves the right to modify the design of the homepage „www.boobfrog.com“ provided that the scope of services is not modified to the disadvantage of the user.
- The user may register in the designated input window and check or modify the entry again after having sent the registration. By clicking on the button „Register now!“ for cost-free registration and the button „Complete Order“ for paid memberships the registration is sent to the host. The contract for a cost-free as well as a paid membership is concluded as soon as the registration has arrived at the host. Upon receipt of the registration the user receives a separate confirmation. At the same time, the host activates the account of the user. With the activation of the account, the contract is extended automatically. The contract is automatically prolonged after expiration of the cancellation period per month, according Point 6.3. for the relevant subscription.
- It is prohibited to choose a user name containing an emil address and / or phone number and / or a domain or is similar to such entries (for ex. „fivethirteensixhundredandeight“)
- The registration as well as the according T&Cs are saved by the host after conclusion of the contract and may be requested by the user at any time.
- All contracts („Memberships“) are concluded for an undefined period of time!
- Also test subscriptions have to be cancelled! A test subscription is not – as shown on the online screen while buying it – a limited contract and does not expire automatically after the test phase, but gives the (“Upgrade“) premium member the opportunity to test its “Upgrade“-premium membership, concluded for an unlimited period of time and with costs, including the relevant premium services, for a determined test phase and cancel it if not satisfied with it.
- Right of withdrawal
You may withdraw in written form your contractual agreement within 48 hours after conclusion without indicating any reason. The respite starts upon receipt of this instruction in written form but not before conclusion of the contract and not before performance of our duty to inform according to § 312 c clause. 2 Civil Code in conjunction with § 1 clause 1, 2 and 4 Civil Code-InfoV as well as our duties according to § 312 e clause 1 S. 1 Civil Code in conjunction with § 3 BGB-InfoV. To meet the withdrawal deadline it is enough to dispatch the withdrawal in time. The withdrawal may be done directly on the website of the company Webbilling (www.webbilling.com – for payments made by direct debit) or on the website of the company CommerceGate Ireland, Ltd. (www.cgbilling.com for credit cards) or in the User-Account of ClickandBuy (www.clickandbuy.com for payments via ClickandBuy accounts). Withdrawals sent to us via email are not processed, even if sent to the address: firstname.lastname@example.org.
- Consequences of withdrawal
In the case of an effective withdrawal both contractual parties have to grant back any received services or replace already received advantages (e.g. interest). If you are unable to grant back the services received or only be able to partly grant them back or in a declined condition, you have to pay compensation for the services. Any obligations to payment have to be fulfilled within a period of 30 days. This respite starts for you upon dispatch of the withdrawal for us upon receipt of the withdrawal.
- Cease of the right of withdrawal
Your right of withdrawal ceases automatically if your contractual partner has carried out the services with your explicit acceptance before the end of the revocation period or if you yourself initiated the service.
- The cost free and the charged membership (premium membership) is concluded indefinitely.
- The applicable costs (including the direct debit time interval) for a premium membership (an upgrade form a cost-free to a premium membership) may be found on boobfrog under „Edit HotProfile“ respectively „User area“. The user may choose between the given methods of payment (for ex. credit card or electronic direct debit), further blanks will guide the user through the payment. The data is transferred via a secure server. All prices (especially the prices noted in the user area) are quoted in EUR including VAT.
- The direct debit time intervals regulate the maturity of costs (= at which date the premium member has to pay the agreed costs for a defined period of time) and for the premium memberships silver, gold, platinum one respectively 3 months packages are decisive for the terms of notice and cancellation dates. The time interval always starts with the successful conclusion of a premium membership. The settlement (direct debit etc.) of the arising costs for the applicable time interval always takes place upfront as total sum without deduction. As you may read in the online offer there exist five different debit time intervals, such as silver (every 3 months), gold (every 6 months), platinum (every 12 moths), one-month-subscription and three-months-subscription. This means that the charges starting with the conclusion of the contract are payable according to the applicable kind of premium membership (1 or 3-months subscription, Silver, Gold, Platinum) (every 1, 3, 6 or 12 months) and will be deducted accordingly. Further the one- and three-month subscription have a term of contract of one respectively 3 months which automatically prolongs for the same period of time if no cancellation according to our General Terms and Conditions has arrived upfront. The settlement (direct debit etc.) of the arising costs for the applicable time interval always takes place upfront as total sum without deduction. Reimbursement of the upfront payment or a change between the different premium memberships and time intervals is not possible.
- The membership with charges for users with direct debit may only be cancelled within 24 hours before expiration of the premium membership at the latest, on the website of the company Webbilling B.V. (www.webbilling.com). Users paying with credit card may only give notice 24 hours before expiration of the premium membership at the latest, on the website of the company CommerceGate Ireland, Ltd. (www.cgbilling.com). In case of payment via a ClickandBuy account, charged memberships have to be cancelled within 24 hours before expiration of the premium membership at the latest, in the user account of ClickandBuy (www.clickandbuy.com). Cancellations sent to us via email are not processed, even if they were sent to this email address email@example.com.
- The right of abrogation without prior notice is unaffected.
- The use of a cost-free membership is free of charge. This does not affect users′ costs for for ex. internet access, or upload or integration of data on the page of the user.
- The indicated prices apply to memberships with costs. These prices are quoted including VAT (19% at the moment).
- The costs for the applicable membership in the frame of a membership with costs, are payable upfront the relative billing period soonest upon activation of the account.
- The host can be held liable for any acts of culpable breach of duty from this contract as well as default in conjunction with contract reminder in all cases of intention and negligence for claims arising from violation of life, body or health unlimited for other breaches in case of intention or grossly negligence unlimited and not in case of simple negligence unless the breach results from negligent breach of a contractual duty. In this case, the liability is limited to a foreseeable breach for this type of contract. This applies accordingly for the liability of our staff, representatives and servants.
- The host cannot be held liable for the correctness of third-party contents or the realisation of contacts.
- The host hosts this website by maintaining, supporting and providing the database. The host has no influence on the content provided by users (especially pictures, videos, articles, etc. ) or the content on linked website. It is always a matter of third-party content that may not be and are not verified in total by the host unless the host has received a concrete hint to do so.
- The user is solely responsible that the information provided (especially pictures, videos, comments) are free of third-party rights (especially copyrights) and to not violate third-party rights (especially personal rights).
- If a user thinks that uploaded information violate third-party rights or legal regulations, we ask the user to immediately inform the host.
- By uploading any content the user grants the host the worldwide, non-exclusive and cost-free right of use in the broadest sense for the duration of the contract and in the following thus especially the right to reproduction, right to distribution, right to exhibit, right to replay even for commercial purposes of the host. The right to use pictures and videos expires by deleting them from the database.
- All texts, pictures, graphics, multimedia data as well as layouts of the website as far as they are not from the users are subject to the act to protect intellectual property especially the copyright. Any distribution is subject to prior permission of TransLease International Ltd., 71 Amiens Street, Dublin 1, Ireland. Excluded are the storage of information for private usage and the installation of links to this website. By installing links through a commercial provider the linked page of this website must be the sole component of the window that opens. The information of this website shall not be changed or displayed falsified.
- The host receives and saves user data. The details are found in the data privacy regulations.
- Any amendments to this General Terms & Conditions are disclosed to the user in written form (for ex. Letter, Fax, Email). The amendments are valid if the user does not withdraw in written form (for ex. Letter, Fax, Email) within a period of 4 weeks upon receipt of the amendments. This legal consequence will be stated explicitly in the amendment notification. To preserve the withdrawal respite it is enough to dispatch the withdrawal in time.
- These General Terms & Conditions are subject to the law of the Federal Republic of Ireland.