General Terms and Conditions

Introduction

With its product "Veegaz", Level5 Media GmbH ("Veegaz", "we") offers its customers access via HbbTV and/or HTML to a service that enables them to receive and use films, film sequences, videos and other audiovisual content ("Veegaz content") as well as voice services via the internet and internet- or HbbTV-enabled televisions, smartphones, computers and other devices ("Veegaz-enabled devices"). These General Terms and Conditions ("GTC") govern the use of these services including all related offers as well as all features, functions, recommendations, visual and technical designs, user interfaces and menu navigation, and all content and software connected with the services.

Veegaz is intended exclusively for persons of legal age. By registering, you confirm that you are at least 18 years old and accept the following terms.

Registration and Membership

1. A prerequisite for using Veegaz is registration, which includes age verification. For the use of pure audio content ("Veegaz Voice"), registration is sufficient; for all other Veegaz offers, in addition either a paid membership subscription or the purchase of coins (see below) is required. Upon registration, a contract is concluded between you and us, Level5 Media GmbH, Nymphenburgstr. 57, 40625 Düsseldorf. The contract is generally concluded by our confirmation of your registration or membership. Should we provide access to the Veegaz content beforehand, the contract is concluded upon provision of the Veegaz content.
2. The minimum term of a membership is one month and begins with the operational provision of the Veegaz content to you. The membership runs until it is cancelled. After expiry of the minimum contract term, the contractual relationship can be cancelled by either party at any time with a notice period of six working days to the end of the month.
3. In order to use Veegaz, you need internet access and a Veegaz-enabled device. In addition, you must choose one or more payment methods – i.e. a current, valid and accepted means of payment. The payment method must be updated from time to time and may include payment via your account with a third party (e.g. a bank, a credit card service provider or another financial institution). Unless you cancel your membership before the respective invoice date, you agree that the membership fee for the following billing period will be debited from your payment method (see the section "Billing, Coins and Cancellation").
4. Veegaz offers different membership subscriptions which differ, for example, in their terms, content and prices. Compared to other subscriptions, some subscriptions may contain conditions and restrictions which are disclosed to you during registration or in other notifications. You can view the details of your Veegaz membership by logging into your "Account" information on our website.

Veegaz Voice

1. Through our "Veegaz Voice" service, we offer you thematic audio/voice files (i.e. files used for playing and listening to sounds, speech, music, voices and noises) as well as telephone conversations between you and our service providers for the exchange of ideas, small talk, the verbal exchange of erotic fantasies, verbal role-play or other conversations as agreed between the participants.
2. The Veegaz Voice service is generally available to you immediately after registration; a membership is not required. You can use specific Veegaz Voice services if you have credit purchased in advance, comparable to a so-called "prepaid" model. Veegaz Voice enables you to establish and maintain call connections as long as you have positive credit at least in the amount that permits a conversation of at least the length of the smallest billing unit applicable to the respective service. You can find the billing units, accounting units and further payment details for topping up credit in the section "Billing, Coins and Cancellation". In addition – and separately from our paid Veegaz Voice service offering, both organizationally and commercially – telephone connection charges to the local network of the local telecommunications operator may apply, which are billed directly between the telecommunications operator and you at the respective local rate.

Billing, Coins and Cancellation

1. The membership fee for the Veegaz service is debited via the payment method you have specified. The payment reference will generally appear as "veegaz.com / Düsseldorf" together with the name of your subscription. The payment day – and thus the day on which your payment method is actually charged – corresponds to the respective invoice date stated under your "Account" information. This may mean, for example, that a credit card is charged immediately after the card details are entered. The duration of the billing period depends on the specific membership subscription you chose during registration. In some cases your payment date may change, e.g. if the amount could not be debited from your payment method or if your paid membership began on a day that does not exist in the respective month. You can also find further details in your "Account" information.
2. By providing one or more payment methods, you authorize us to charge your account accordingly, even if your primary payment method is declined or is no longer available to us for payment. You remain obliged to pay outstanding amounts if each of the payment methods you have provided fails (e.g. because the credit card has expired, there is no balance, or the payment fails due to incorrect details). We may block access to our service until we have received the payments due. We point out that third parties may charge fees for certain payment methods (e.g. transaction fees for foreign use, currency conversion fees) and that local taxes may vary depending on the payment method. You are responsible for such fees and taxes; in case of doubt, please contact your payment method provider. You are also responsible for keeping your payment methods up to date. Veegaz is entitled (but not obliged) to update your payment methods with data we receive from payment service providers. Following each update, you continue to authorize us to charge the applicable payment methods.
3. You can cancel your Veegaz membership at any time and will continue to be able to use the Veegaz service until the end of your billing period. Subject to mandatory statutory rights – in particular any right of withdrawal (see the section "Right of Withdrawal for Consumers") – payments already made are non-refundable; we do not grant refunds or credits for partially used subscription periods or for Veegaz content not accessed. To cancel your membership, please go to the "Account" information and follow the cancellation instructions. If you cancel your membership, your account will automatically be closed at the end of the current billing period. You can view the time at which your account will be closed in the "Account" information. If you used a third-party provider as a payment method when registering and wish to cancel your Veegaz membership, you may have to do this via the respective third-party provider. To do so, you may need to access your account with the relevant third-party provider and switch off automatic renewals there, or unsubscribe from the Veegaz service via this third-party provider.
4. Our subscription service and its prices may change from time to time. However, changes to prices and to your subscription service will not take effect before 30 days after a notification has been sent to you.
5. In addition to the subscription, you can rent or buy individual Veegaz content using credit, as well as use Veegaz Voice. The accounting unit for the credit is called "Coins". One coin costs 1 cent; 100 coins correspond to 1 EUR. Coins can only be purchased in whole units; there are no fractions of a coin. You can purchase coins at any time via the payment method you have specified – and in addition by instant bank transfer or Paysafecard – in your customer account. For Veegaz Voice, every 120 coins entitle you to participate for one minute; for one minute of conversation you therefore pay the equivalent of 120 coins = 1 EUR. The coin prices for renting or buying individual films are shown to you before each purchase. Once the credit is used up, you can either top it up again or no longer use the paid services. Coins are valid without time limit but cannot be exchanged back into EUR. The prices stated include value added tax at the statutory rate.
6. The billing increment for Veegaz Voice consists of time units. Every minute started counts as a full time unit. For connections lasting less than one minute, one minute is used as the connection duration. A prerequisite for using the Veegaz Voice service is that you have sufficient credit, i.e. at least 120 coins, before the connection is established. The chargeable service duration generally begins when the call is accepted by the relevant Veegaz Voice service provider. The connection time ends as soon as the connection is terminated.

Veegaz Service

1. In order to acquire a membership with Veegaz and use the services, you must demonstrably be at least 18 years old or have reached a corresponding legal status of majority in your region or country. Minors are excluded from using Veegaz content.
2. The membership and the Veegaz content you can view via the service are intended exclusively for your personal, non-commercial use and may not be shared with other persons. During your Veegaz membership, we grant you a limited, non-exclusive and non-transferable right to access the Veegaz service and view Veegaz content. Apart from this, no rights, title or claims are transferred to you. You agree not to use the service for public performances.
3. You can generally view the Veegaz content in the country in which you created your account, and only in geographical regions in which we offer our service and have licensed the Veegaz content. The geographically available Veegaz content may change from time to time and differ depending on the region.
4. The Veegaz service (including the website, user interfaces, advertising functions and the availability of content) and the Veegaz content are regularly updated and tested. Veegaz reserves the right to change the booked services and products if the change is required due to legal or regulatory requirements, ensures the interoperability of networks or serves to adapt to technical progress – provided this does not result in restrictions for our customers or an alternative service with comparable performance is available. Veegaz is also entitled to temporarily interrupt, restrict or discontinue the service at short notice insofar as this is necessary for reasons of public safety, due to official or legal requirements, for the security of network operation, to maintain network integrity, for reasons of data protection or to carry out operational or technical work. This applies accordingly to services of third parties which Veegaz uses to fulfil its obligations. If a disruption or interruption for which Veegaz is responsible lasts longer than 24 hours, the customer is entitled to a proportionate reduction of the monthly subscription price.
5. Veegaz content is protected by copyright. You agree not to record, archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or offer for sale the content and information provided by Veegaz, not to pose as a provider of Veegaz content or appear as Veegaz by means of the services provided by Veegaz, and not to use content and information outside these GTC. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart copy protection; not to use any robots, spiders, web scraping or other automated processes to access the Veegaz service; not to decompile, reverse-engineer or disassemble any software or other products or processes accessible via the Veegaz service; not to insert any code or other products or otherwise manipulate the Veegaz service; and not to use any data mining, data harvesting or other extraction methods. You also agree not to carry out any manipulation that results in the disruption, cancellation or restriction of the function of computer software/hardware or telecommunications equipment in connection with the Veegaz service. This also applies to any software viruses or other code, files and programs. If you violate these GTC or otherwise use the service in an illegal, abusive or fraudulent manner, we are entitled – without prejudice to our possible rights to damages – to terminate or restrict your use of our service.
6. The display quality of the Veegaz content may vary depending on the device and internet speed and also depends on further factors, e.g. your location and structural conditions. Not all Veegaz content is available in all formats (e.g. HD, Ultra HD and HDR), and not all subscriptions permit the reception of Veegaz content in all formats. The minimum speed for viewing videos in standard definition is 2 Mbit/s. For better image quality, a faster connection is recommended. For receiving Ultra HD and HDR content (with a resolution of at least 1080p), a download speed of at least 80 Mbit/s is recommended. You are responsible for all charges in connection with internet access. Please contact your internet provider for further information on any charges for data usage.
7. Our software is developed by or for Veegaz and is designed to play Veegaz content on Veegaz-compatible devices. This software may vary depending on the device and medium and may have different functions and features. You acknowledge that the use of the Veegaz service may require third-party software for which third-party licenses are required. You agree to receive automatically updated versions of Veegaz and associated third-party software.
8. The user who created the Veegaz account and whose payment method is charged with the membership fees ("account holder") has access to and control over the Veegaz account and the Veegaz-compatible devices used to access the Veegaz service. They are therefore responsible for all activities associated with the Veegaz account. To maintain control over the account and prevent access by unauthorized persons, the account holder should always have control over the devices used for access and not pass on passwords or account details for the chosen payment method to third parties. To protect you, Veegaz or our partners from identity theft or other fraudulent activities, Veegaz is entitled to terminate your membership or temporarily suspend your account.
9. Veegaz regularly offers new content. This means that we add new films, videos and other offers at regular but also irregular intervals. So that users can stay up to date, we automatically send emails to the address you have provided – but only if you have completed age verification and have not objected to this service. These emails regularly contain instructions on how to unsubscribe from this service; usually a link with the text "Unsubscribe" is included. Alternatively, you can contact our support by email. We will then carry out the removal from this service manually in a timely manner.

Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal for contracts concluded online. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession.

1. Withdrawal Instructions

2. Early Expiry of the Right of Withdrawal

The right of withdrawal expires prematurely if the contract is fully performed at your express request before the withdrawal period has expired. Since our content and services are typically intended to be provided immediately, before each paid conclusion we obtain your express consent to this and confirm it to you on a durable medium:

• Subscription (digital service): The right of withdrawal expires if we have begun performance of the contract after you have expressly agreed that we may begin performance before the end of the withdrawal period, and you have confirmed your knowledge that, by giving your consent, you lose your right of withdrawal upon commencement of performance.
• Individual films – rent/buy (digital content): The right of withdrawal expires if we have begun performance – i.e. the provision of the selected film – after you have expressly agreed that we may begin before the end of the withdrawal period, and you have confirmed your knowledge of the loss of the right of withdrawal.
• Purchase of coins: The mere purchase of coins (topping up credit) initially remains revocable. The right of withdrawal for the respective coin top-up only expires to the extent and as soon as you redeem the coins by renting/buying a specific film or by using Veegaz Voice and have consented to the early performance described above. Unredeemed coins remain revocable within the statutory period.

3. Electronic Withdrawal Button

On every page of our website we provide you, permanently and without login, with a "Withdraw contract" button (usually in the footer). Via this button you reach an online withdrawal form in which you can identify your contract or order and provide your details. You complete the withdrawal via the "Confirm withdrawal" button. You will then automatically receive a confirmation of receipt by email documenting the content, date and time of your withdrawal. This withdrawal function is available to you regardless of whether a right of withdrawal still exists in the individual case or has already expired pursuant to section 2.

4. Model Withdrawal Form

5. Consent to Early Commencement (Waiver) – before each purchase

Before each paid conclusion (subscription as well as renting/buying individual films) you must actively confirm the following declaration. The checkbox is not pre-ticked; without confirmation the conclusion cannot take place:

This confirmation is repeated to you in the order confirmation on a durable medium (email): "Upon conclusion you expressly requested that we begin provision immediately and confirmed that you thereby lose your right of withdrawal. Upon commencement of performance, your right of withdrawal for this contract has expired."

Miscellaneous

1. These GTC are governed by German law. They do not restrict any consumer protection rights to which you are entitled under the mandatory laws of your country of residence.
2. For further information about our service and its functions, or if you need support with your account, please visit the Veegaz Help Center on our website.
3. Should individual provisions of these GTC prove to be invalid, unlawful or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain unaffected.
4. These General Terms and Conditions apply to business relationships of any kind between Veegaz and the respective customer. The version valid at the time of conclusion of the contract is decisive. Changes and adjustments to the GTC are reserved. The current version is available on our website. Veegaz may change these GTC from time to time. We will inform you of such changes at least 30 days before they take effect for you.
5. Electronic communications. Account-related information (e.g. payment authorizations, invoices, changes to the password or payment method, confirmations and other notifications including the confirmation of receipt of a withdrawal) will be provided to you in electronic form, for example as an email to the address you provided during registration.
6. You may not like everything you see on Veegaz. For content that you consider inappropriate or that you believe may violate our terms of use, we invite our Veegaz community to use our reporting function.
7. Online dispute resolution. The European Commission provides a platform for online dispute resolution (ODR). Veegaz is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.