General Terms of Use (GTC)
SCOPE
These general terms of use (hereinafter referred to as the "terms of use") shall govern the conditions of use of the services offered by the operator Ms Adrineh Simonian, (hereinafter referred to as the "author") on the website [www.arthousevienna.at] (hereinafter referred to as the "website").
The author provides the user with the opportunity to view erotic films of various quality and length (hereinafter referred to as the "clips") for a charge and in form of "internet streaming".
OBLIGATION OF THE USER
The user represents and warrants to be of age, i.e. at least 18 years old. Use of the website by persons under the age of 18 is expressly prohibited.
The user undertakes to use the services exclusively for private use. It is, therefore, prohibited for the user to use, imitate, sell, rent the services of the website or the access to these services for commercial purposes or to use or offer these for the user's own or third party promotional purposes. This also includes the prohibition to copy, store, distribute or otherwise commercially use the content made available to the author by third parties without the author's consent.
The user undertakes not to take any measures aimed at modifying or manipulating the website or its content or which are likely to impair the functionality of the website and not to gain unauthorised access to third party data and not to modify, overwrite other users' content or areas and not to take similar actions.
The user undertakes not to take any actions to obtain personal data of other users stored on the website or to collect and/or disclose personal data of other users without the consent of the persons concerned.
PURCHASE OR CANCELLATION OF A SUBSCRIPTION / REGISTRATION PROCESS
Users can purchase various types of subscriptions (hereinafter referred to as the "subscriptions"). For this purpose, the user has to enter the requested (personal) data (in particular, name, address, e-mail address, date of birth and credit card details) and agree to these terms of use and the privacy policy.
The retrieval of such data is also necessary, in particular, for the age verification in the sense of the legal provisions for the protection of minors (see separate Data Privacy Statement).
The user can choose between four different subscriptions:
1 month (Friends with Benefits) for € 30 per month
If the subscription is not cancelled in due time, it will be renewed for one further month. The subscription can be canceled on the website under "my account", whereby the cancellation has to be made at least 2 weeks before the expiry of the current subscription. The user will be informed of the expiry of this period in due time. Otherwise, the subscription will be extended for one further month and the cancellation not made in due time will only become effective after the expiry of this further month of subscription.
6 months (Honeymoon Phase) for € 15 per month
If the subscription is not cancelled in due time, it will be renewed for further 6 months. The subscription can be cancelled on the website under "my account", whereby the cancellation has to be made at least 4 weeks before the expiry of the current subscription. The user will be informed of the expiry of this period in due time. Otherwise, the subscription will be extended for 6 further months and the cancellation not made in due time will only become effective after the expiry of these 6 further months.
1 year (Poly Lovestory) for € 12 per month
The subscription can be cancelled at the earliest after one year on the website under "my account". If the subscription is not cancelled in due time, it will be extended for one further month. The cancellation has to be made at least 2 weeks before the expiry of the current subscription. The user will be informed of the expiry of this period in due time. Otherwise, the subscription will be extended by a further month and the cancellation not made in due time will only take effect after the expiry of this further month.
1 year (Mono Lovestory) for € 144
If the subscription is not cancelled in due time, it will be renewed for one further year. The subscription can be cancelled on the website under "my account", whereby the cancellation has to be made at least 8 weeks before the expiry of the subscription. The user will be informed of the expiry of this period in due time. Otherwise, the subscription will be extended for one further year and the cancellation not made in due time will only take effect after the expiry of this further year.
If, after entering and checking the data, there is no doubt as to the age of majority of the user, the subscription is deemed to have been acquired upon receipt of the purchase price. For the duration of the purchased subscription, all clips will be available to the user on the website in form of "internet streaming". Downloading of the clips is not permitted.
The user expressly agrees that the performance of the contract shall commence before the expiry of the withdrawal period. Therefore, once a clip has been purchased, withdrawal from the contract is no longer an option. The exception stipulated in Section 18 Subsection 1 item 11 of the Austrian Distance and Foreign Transactions Act (FAGG) shall apply.
PAYMENT
Subscriptions are paid for via the payment service provider "SegPay". The user can choose from the following payment options: with a credit card and/or PayPal.
DISCLAIMER AND EXCLUSION OF WARRANTIES
The author does not guarantee that the services of the website will be available to the user at all times without interruption, without errors and in full.
The author also does not guarantee that the hardware and software required to use the services of the website will always function without errors.
Furthermore, the author does not provide any guarantee for contents that are accessible through links to other websites and services. This includes all announcements, offers and advertising messages. Legal transactions concluded by a user with the operators of a linked website come into force exclusively between the user and the operator of the linked website.
The author reserves the right to take clips offline again. This is particularly the case if main characters announce that they are withdrawing their consent to publication. In this case, the user has no right to insist on the further "streaming" of the purchased clip. Alternatively, the user will be offered another clip - depending on length and quality - free of charge or at a discount.
LIABILITY
The author shall not be liable for any damage that may be caused to the user by interruptions in transmission, delays, errors, malfunctions of technical equipment, loss or deletion of data, viruses or in any other way, unless such damage was caused by the author intentionally or through gross negligence.
The author shall not be liable for any actions of users or third parties that violate these terms of use or for any other illegal actions of users or third parties who use the website in order to distribute its content.
The author shall not be liable for the content of third party websites linked to this website.
INTELLECTUAL PROPERTY RIGHTS
The author is the owner of all rights to the services offered by this website (in particular, but not exclusively copyright, trademark, patent, ancillary copyright and licensing rights). In particular, the author is the sole author of the clips offered, which are (first) published by the author.
The website and the content offered on this page are not allowed to be modified, copied, downloaded, republished, transmitted, distributed or stored. In particular, the designation [●] is not allowed to be used without prior consent.
The software used on the website may not be copied, modified, disassembled, edited, sold, assigned or used in any other way.
FINAL PROVISIONS
Should individual provisions of these terms of use be or become invalid, the remaining terms of use shall remain unaffected.
No verbal side agreements exist. Amendments to these terms of use have to be made in writing. This also applies to the cancellation or amendment of this written form requirement.
Arthouse Vienna neither promotes nor condones human trafficking, sex trafficking, physical violence, prostitution or other institutions without granted consent.
APPLICABLE LAW / PLACE OF JURISDICTION
The legal relations between the author and the user established on the basis of this website or the use of the services of this website shall be governed exclusively by Austrian law, with exception of the referral standards of the Austrian Act on International Private Law and the UN Convention on contracts for the international sale of goods.
The place of jurisdiction for all disputes arising from these terms of use or the use of the services of this website shall be the competent court for the first district of Vienna 'Innere Stadt'.