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The governing law of the following Terms & Conditions are the laws of the country of Switzerland.
2257 NOTICE / LEGAL:
All models, actors, actresses and other persons that appear in any visual portrayal of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time the visual image was created.
All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said they do not portray conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to March 1 2009.
With respect to all visual depictions displayed on this web site, whether of actual sexually explicit conduct, simulated sexual conduct or otherwise, all persons were at least 18 years of age when said visual depictions were created.
All records, including all model's proof of age,required to be kept by federal law are held by the Custodian of Records.
Custodian of Records:
1. Legal definitions
"Member" or "Membership," as referred to in this document, means: The subscriber or User of a valid username and password (User ID) for the site during the term of membership.
"Site" or "The Website," as referred to in this document, means: http://www.ersties.com , and any other site within the "ersties.com" group of sites. The sites are owned and operated by EFC GmbH, Seedammstrasse 3, 8808 Pfäffikon Schweiz.
"The Service," as referred to in this document, means: the duration of the Subscription, including access to materials on the Website.
"Subscriber," as referred to in this document, means: The end user or consumer, of the services of the site and holder of a valid username and password (User ID) for the site.
"User ID," as referred to in this document, means: The combination of unique username and password that is sold by Ersties.com and used to access the site. A user-id is a license to use the site for a period of time that is specified.
"Bookmarking," as referred to in is document, means: The act of placing a URL into a temporary file on the subscriber's browser so that the subscriber may return to that page at a future date directly, without passing through other pages.
"Billing Provider," as referred to in is document, means: the Company or Service by which a person transfers funds to ersties.com for access to ersties.com
2. Description of services
The Website will provide one User ID and password to access the Website when you purchase a membership.
3. Payment / Fee
The Website has periodic subscription fees that are defined by the Website at the time of the initial subscription purchase. The member is responsible for all fees incurred. Once a member has accessed the site using the assigned User ID, subscription fees become non-refundable.
Payment will be via one of the Website's chosen billing providers.
4. Automatic Recurring Billing
Some accounts may Rebill on a schedule as indicated on the initial join page.
Rebilling must be cancelled by Member seven (2) days prior to renewal.
The maximum Term of this agreement is 100 months.
Unless and until this agreement is cancelled in accordance with the terms hereof, subscriber hereby authorises Ersties.com's billing agent to charge subscriber's credit card to pay for the ongoing cost of membership.
5. Electronic Receipt
Member will receive a receipt by email, sent within one hour of subscription being approved. It is the duty of the subscriber to maintain this receipt for the duration of the subscription. It will be required should any queries need to be addressed by the Website or its billing provider.
6. Cancellation
At any time, and without cause, subscription to the Service may be terminated by the Website, or the subscriber upon notification of the other by electronic or conventional mail. When the Subscriber requests the termination, subscription fees are NOT refunded.
It is the duty of the subscriber to ensure that the Subscriber receives an email from the Website's billing provider confirming the cancellation of the Subscription. The cancellation process is not complete until the Subscriber has received this email, and acted upon the instructions within it if applicable.
7. Refunds
Our refund policy is simple, and applies under the following conditions:
- If you find we have misled you in any way (for example, we promise something in our free area that does not exist in our members area), we'll give you a refund.
- If your computer setup is of our minimum specs, and a significant portion does not work (you need to prove it!), we'll give you a refund.
- If our site is down for a significant portion of your subscription, we'll either extend your sub for double the time the site was down for, or give you a refund.
- If we supply something that is damaged or does not work and if you allow us reasonable time to fix the problem with your help, we'll give you a refund.
8. Bookmarking
Subscriber agrees that at any time they will not bookmark any page to the site that will allow the subscriber to bypass the terms and conditions of the site upon entering. If such a bookmark exists, said bookmark will constitute full agreement to said terms and conditions as well as to admission that subscriber is of legal age of majority in their state, country or region.
9. Authorization of Use
Subscribers to the site are hereby authorized a single license to download material found on the site. This license shall be granted for their private use only. All memberships are provided for personal use and shall not be used for any commercial purposes or by any commercial entities without the express authorization of ersties.com.
Commercial use of either the site or any material found within is strictly prohibited. No material within the site may be transferred to any other person or entity, whether commercial or non-commercial. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display.
Authorization shall extend to copyright, trademarks, or other proprietary notice. Ersties.com reserves the right to terminate this license at any time if the terms of this agreement are breached. In the case that the terms are breached, you will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the site.
10. Unacceptable Abuse of Site
We prohibit the use of "spiders", site scrapers, quad suckers, and any programs similar in operation to gather bulk material from our site. Upon detection, subscribers who unreasonably and excessively download will have their accounts cancelled without refund.
11. Transfer of User-id
Access to the site is through a combination of a username and a password (User ID). Subscribers may not under any circumstances release their User ID to any other person, and are required to keep his or her User ID strictly confidential. ersties.com will not release passwords for any reason, to anyone other than the subscriber at the email address used when initially subscribing, except as may be specifically required by law or court order.
Unauthorised access to the site is a breach of this Agreement and a violation of law. Subscribers acknowledge that the site will track, through the use of special software, each subscriber's entry to the site by logging of IP address assigned by the Subscribers' Internet Service Provider.
If any breach of security, theft or loss of a User ID, or unauthorized disclosure of a User ID occurs, subscriber must immediately notify ersties.com of said security breach. The Subscriber will remain liable for unauthorized use of service until the site is notified of the security breach by email, and confirmation of notification is received by the Subscriber. This notification is deemed complete ONLY when the Subscriber has received confirmation of notification.
12. Sanction and Approval of Adult Material
ersties.com is designed to be used and viewed solely by Subscribers who are of legal age in their province, state or locality, and who wish to access visual images, audio sounds, descriptions of a sexually oriented and frankly erotic nature.
Materials available within this site may include depictions that are visually graphic in nature and portrayals of nudity or sexual acts and should not be accessed be anyone who is not of legal age in their province, state or locality, by anyone who finds such material offensive in nature, or by anyone who simply does not wish to be exposed to such materials.
By purchasing a Subscription, you are implicitly making the following statements:
"I swear or affirm, under penalty of Perjury, that I am of legal age in my province, state or locality. I will not permit any persons under the legal age in my province, state or locality to view or access in any way any materials found on this website.
"I understand that by accessing this website, I will be exposed to materials that may include but are not limited to, visual images, audio sounds, and descriptions of a sexually oriented and frankly erotic nature, portrayals of nudity, and sexual acts.
"I affirm that I am not offended by such materials, and that such materials are legal in my community.
"I certify that I wish to view, hear, and access such materials voluntarily, and I choose to do so because I want to view/read/hear or otherwise access such aterials for my own enjoyment, information or entertainment. My choice is a manifestation of my interest in such matters.
"I am completely familiar with the standards held in my community, and the material I expect to access in this site fall within these standards. In my experience, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this, which offer reasonable insulation from the materials for minors, and unwilling adults. Adults in my community will accept the standards displayed within this site, and will not find any of the material patently offensive."
13. Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. Notice
Notices by the site to subscribers will be given by means of electronic messages through the site, or by a general posting on the site. It is the responsibility of the Subscriber to regularly check the email address specified upon joining of the website, to keep the website appraised of email address changes, and to ensure the email address supplied is kept operational and free from any event that might cause "bouncing".
If the Subscribers email address becomes invalid, the Subscriber agrees to hold ersties.com harmless for any expenses incurred on a Subscriber's account (for example, rebilling when a cancellation notice goes un-received by the Subscriber).
Notices by Subscriber may only be given by email. All questions, complaints, or notices regarding the site or the Billing Provider may be directed to the Billing Provider or ersties.com. Cancellations of service to the site may be directed to the Billing Provider or ersties.com.
This policy is subject to change, and such changes are effective without notice. Ersties.co may publicize notice of change to this Notice at its discretion.
Privacy Policy of ERSTIES
Hereinafter we inform you about the nature, scope and purpose of the processing of your personal data when using our website and online content. Personal data is any information that relates to an identified or identifiable natural person. The person responsible (“controller”) within the meaning of the EU General Data Protection Regulation (GDPR) is the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data. The controller within the meaning of the GDPR for the personal data processed by the provider of this website and online service is:
info (@) ersties.com
Using our onlineservice or website
When you visit our website, our server collects the following information from you: browser type and version, operating system used, the previously visited web page, IP address and time of the page view. From your IP address, we can not identify you in person. We also do not match your IP address with other data in such a way that such inference would be possible.
We collect and process this data in order to ensure the trouble-free operation of our website and to detect, fend off and prosecute a misuse of our services. Furthermore, we use the collected data for statistical purposes to evaluate, for example, with which terminals and browsers our platform is accessed in order to adapt our offer on the basis of the needs of users on an ongoing basis and to improve.
This data processing is based on Article 6 par. 1 f GDPR. We will delete the aforementioned data no later than six months after it has been collected.
Customer Account
You also have the option to create a customer account on our website. The mandatory information required for this will be communicated to you in the entry mask and the entered data will be used for the purpose of using our service. We provide you with information relevant to the service or registration, such as changes in our offer or technical circumstances by e-mail. If you delete your customer account, your data will be deleted from the customer account, unless their storage is necessary for commercial or tax reasons (Art. 6 par. 1 c GDPR). It is your responsibility to back up your data before deleting your customer account. We are entitled to irretrievably delete all of your data stored during the term of the contract.
When registering and using the customer account, the IP address and the time of your respective use will be saved. The storage is based on our legitimate interests, as well as your interest in protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with Art. 6 par. 1 c GDPR. The IP addresses will be anonymized or deleted after 7 days at the latest.
If you make use of the services offered on our site, we store the data you entered during the ordering process. This includes, in particular, your name, address, e-mail address, and other information voluntarily provided by you (such as a different delivery address or telephone number). We process this data electronically for the proper performance of the contract, in particular for the fulfillment of our contractual services, invoicing, accounting, and processing of complaints. This data processing is based on Article 6 par. 1 b GDPR. We store this data until all mutual claims arising from the respective contractual relationship with you have been completely settled and the commercial and fiscal retention periods to which we are subject have expired.
To conclude a contract between you and us, it is necessary that we receive your name, e-mail address and address. The necessity of providing this data arises, among other things, from various legal regulations. Without providing this data, you cannot conclude a contract with us.
We do not use any automated decision-making or profiling.
Payment
If you use a payment method provided by CommDoo (CommDoo GmbH, Bebericher Str. 23, D-41063 Mönchengladbach, Germany), CommDoo collects and processes your name, card or bank account number, and/or, if applicable, further data required for processing the chosen payment method. For this purpose, CommDoo`s Privacy Policy applies additionally (http://www.commdoo.de/datenschutz.html).
If you use a payment method provided by Epoch (Epoch.com, LLC, 2644 30th St FL 2, Santa Monica, California 90405, USA), Epoch collects and processes your name, card or bank account number, and/or, if applicable, further data required for processing the chosen payment method. For this purpose, Epoch`s Privacy Policy applies additionally (https://www.epoch.com/privacy.html).
Contact
If you send us a message via the contact function on your website, we will process your personal data entered (your name and e-mail address) along with your message (legal basis: Article 6 par. 1 a GDPR). If you send us a message by e-mail, we will save your message along with the sender details (your name and e-mail address) in order to be able to answer it and also to respond to possible subsequent questions (legal basis: Article 6 par. 1 f GDPR). For the reception, storage and sending of e-mails, we use an e-mail provider who acts for us as a processor in accordance with Article 28 GDPR. We will erase the information collected from your message no later than six months after the last communication with you.
If you send us a message with information legally relevant for the contractual relationship (e.g. a withdrawal or a complaint), the legal basis for the processing is Article 6 par. 1 b GDPR, regardless of how you transmitted your message to us. In such a case, we will erase the data related to your message as soon as all mutual claims arising from the contractual relationship have been completely settled and the commercial and fiscal retention periods have expired.
Newsletter
Hereinafter we inform you about the contents of our newsletter as well as the registration procedure and its dispatch, as well as your right of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.
We send you newsletters by e-mail only with your consent (legal basis: Art. 6 (1) lit. a, Art. 7 GDPR). Before subscribing to the newsletter, you will be informed about its contents and your consent only applies to these contents. Our newsletters contain information about our services and us.
After signing up for our newsletter, you will receive an e-mail asking you to confirm your registration and given data. This confirmation e-mail is used by us to prove whether the owner of the e-mail address as the data subject has authorized to receive the newsletter. Registration for the newsletter will be logged in order to prove your consent and a lawful registration process. For this purpose, your IP address will be stored at the time of the registration and its confirmation (legal basis: Art. 6 par. 1 lit. a GDPR). To subscribe to the newsletter we need your e-mail address. If you wish to be addressed personally in the newsletter, you can also optionally provide your name.
The cancellation of the newsletter – i.e. the revocation of your consent - is possible at any time. At the end of each newsletter email you will find a link to unsubscribe. In order to prove your original consent, we may store your signing-up data for up to three years based on our legitimate interests.
Social Media
You may find Social Media Buttons on your website; they can be recognized by the logos of the social media platforms (hereinafter “platforms”) (Facebook: blue “f”, Google Plus: red “g+”, Pinterest: red “p”, Twitter: blue bird silhouette). These are links to the respective platforms based in the United States (USA). Clicking on such a link calls the respective Platform’s website; at the same time, the IP address of your device and the address of the page where the link is placed (“Referrer”) will be transmitted to the Platform in the USA. However, we neither collect nor otherwise process any data related to the use of these social media buttons.
Cookies
We use cookies on our site. These are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our site.
In the cookie information is stored, each resulting in connection with the specific device used. However, this does not mean that we are immediately aware of your identity.
On the one hand, the use of cookies serves to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages on our website. These are automatically deleted after leaving our page.
In addition, to improve usability, we also use temporary cookies that are stored on your device for a specific period of time. If you visit our site again to take advantage of our services, you will automatically be notified that you have already been with us and what inputs and settings you have made so that you do not have to enter them again.
On the other hand, we use cookies in order to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer. These cookies enable us to automatically recognize when you visit our site again that you have already visited us. These cookies are automatically deleted after a defined time.
The data processed by means of cookies are for the stated purposes in order to safeguard our legitimate interests as well as the third party according to Art. 6 para. 1 1 lit. f GDPR required.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or that a warning always appears before a new cookie is created. However, disabling cookies completely may mean that you can not use all features of our website.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this only takes place if it occurs for the fulfilment of our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. We will only process your data in a third country if this is legally or contractually permitted under the special conditions of Arts. 44 et seq. GDPR. Thus, the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA through the "Privacy Shield") or compliance with legally recognised standard contractual clauses.
Mixpanel
As part of the range analysis of Mixpanel based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para 1 lit. f GDPR) processed the following data: the browser type you use and the browser version, the operating system you are using, your country of origin, the date and time of the server request, the number of visits, how long you have spent on the site, and the external links you have activated. The IP address of the users is anonymized before being saved. Mixpanel uses cookies.
Mixpanel is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000TOacAAG&status=Active).
The information generated by the cookie about your use of this online offer is stored on a server in the USA. Here, user profiles of the users can be created from the processed data, these being used only for analysis and not for advertising purposes. For more information, see the Mixpanel Privacy Policy: https://mixpanel.com/legal/privacy-policy/
Integration of third-party services
Within our online offer, we make no representations or warranties of any kind based on our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 par. 1 lit. f. GDPR) content or service offerings from third parties to include content and services such as videos or fonts. The respective third party provider must receive the IP address of the user, as he cannot send the contents to the user's browser without the IP address. The IP address is therefore required for the display of this content. We make every effort to use only those contents whose respective providers use the IP address only for the delivery of the contents.
Data security
We use the SSL procedure (Secure Socket Layer) within our website in conjunction with the highest enctryption level, which is used by your browser. Usually this is a 256 bit encryption. Whether an individual pages of our web content offer a encrypted transfer can be recognized by the depiction of a closed key or key lock symbol in the status bar of your browser.
We use appropriate technical and organisational security measures to protect your data against accidental or wilfull manipulation, partial or total loss, distruction or against unauthorised access by third parties. In doing so, we try to continuously improve our security measures and adapt them to technical developments.
Your Rights
With regard to your personal data we process, you have the following rights:
a) You have the right to obtain a confirmation from us as to whether we process personal data concerning you. If this is the case, we will inform you about the personal data stored about you and the further information in accordance with Article 15 par. 1 and 2 GDPR.
b) You have the right to have your inaccurate personal data rectified without undue delay. Taking into account the purposes of processing, you also have the right to request the completion of incomplete personal data, including by means of providing a supplementary statement.
c) You can demand the erasure of your personal data concerning you under the conditions of Article 17 par. 1 GDPR without undue delay, as far as their processing is not necessary according to Article 17 par. 3 GDPR.
d) You may demand that we restrict the processing of your data if one of the requirements of Article 18 par. 1 GDPR applies. In particular, you can request the restriction instead of an erasure.
e) We will communicate any rectification or erasure of your personal data and a restriction of processing to all recipients to whom we have disclosed your personal data, unless this proves impossible or involves a disproportionate effort. We will also inform you about these recipients if you request it.
f) You have the right to receive the personal data which you provide to us in a structured, commonly used and machine-readable format. You may also request that we transmit the data to another controller without hindrance, where technically feasible.
g) As far as a data processing is based on your given consent, you have the right to, withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of the data processing based on consent before its withdrawal.
RIGHT TO OBJECT: ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA; this right applies to a processing, according to Article 6 par. 1 f DPRG, necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
If you exercise your right to object, we will no longer process the personal data in question unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of you, or for the establishment, exercise or defense of legal claims.
IN CASE WE PROCESS PERSONAL DATA FOR DIRECT MARKETING PURPOSES (E.G. NEWSLETTER), YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING, WITH THE RESULT THAT WE WILL NO LONGER PROCESS YOUR DATA FOR THESE PURPOSES.
If you believe that the processing of your personal data is in breach of the GDPR, you may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. This does not exclude other administrative or judicial remedies.
Up-to-dateness and change of this Privacy Policy
This privacy policy is currently valid as of May 2018.
Due to the further development of our website and our offers thereof or due to changed legal or regulatory requirements, it may be necessary to change this privacy policy. The current privacy policy can be viewed and printed by you at any time on the website at https://ersties.com/agb.php#privacy_policy.
Datenschutzhinweis
Deine Daten (Name, Username, Kennwort, Membershipkey/Kundennummer, Adresse, E-Mail, Handynummer, Zahldaten, Vertragsinhalt) werden für die Vertragsabwicklung verarbeitet. Um die Kontinuität Deiner laufenden Sitzung zu gewährleisten, setzen wir Cookies ein. Diese werden nach Schließen des Browsers automatisch gelöscht. Zum Schutz vor Datenmissbrauch verwenden wir zudem Flash Cookies.
Du stimmst zu, dass wir Dir Deine Zugangsdaten und die nachfolgend angeführten Informationen nach Vertragsabschluss an die von Dir angegebene E-Mail-Adresse (per E-Mail) bzw. Handynummer (per SMS) übermitteln.
Zu Deiner und unserer Sicherheit speichern wir bei Anmeldung und Login/Zugriff zudem jeweils Datum, Uhrzeit und verwendete IP-Daten. Eine Weitergabe an einen Rechtsanwalt und/oder ein Inkassobüro erfolgt nur, soweit dies für die Geltendmachung unserer Ansprüche aus einem zwischen uns bestehenden Vertragsverhältnis erforderlich sein sollte (Inkasso, Klage).
Du stimmst zu, dass wir Deinen Namen, Deine Adresse und Dein Geburtsdatum zwecks Bonitätsprüfung an SCHUFA Holding AG, creditPass ® telego! Risiko Management, Deltavista GmbH, Schimmelpfeng Creditmanagement GmbH und Wirtschaftsauskunftei Wisur GmbH weitergeben.
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