Last updated: December 9, 2020
What the User should know at a glance
- Usage of my Website and the Service is age restricted: to access and use my Website and its Service the User must be an adult under applicable law.
Welcome to my website!
My name is Rihard (referred in this document as “me” or “my”) and on this website, I promote exclusively my escort and online services, particularly services like paid adult companionship, modeling, massage, and video. This website is not a website of an agency and provided by me. Therefore, all services as described on this website, belongs exclusively to me and I am free and independent to deliver them to the clients the way I deem to be appropriate. Additional Terms apply when you book me for real life encounter. To read these Terms, click here.
Besides of this website, I provide and maintain also Rihard Fan Shop, which is located at https://yourtwinklover.shop, on which you may purchase products, like digital and physical goods.
When I say “This website,” I refer exclusively to my advertisement, which is located at https://yourtwinklover.de. When I say “Website,” or “My website,” I refer to generally to all websites that I maintain and provide. These websites are yourtwinklover.de and yourtwinklover.shop.
These Terms govern
- the use of the Website, and,
- any other related Agreement or legal relationship with me
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using my Website, Users confirm to meet the following requirements:
- Users must qualify as clients;
- Users must be recognized as adult by applicable law;
Access to my private content
My private content (or in other words “client area”) is the members-only area particularly and exclusively on this Website, where users with valid access (or otherwise with “account) can find the information about their reservation, client status, and see my x-rated content such as photos and videos.
To gain access to my private content or client area, users must request access, providing all required data or information in a complete and truthful manner. When users navigating to the area where x-rated content is located, they agree to see nudity.
Users may also visit my website without requesting access, however, this may cause limited availability of certain features or functions or media content.
Each request is handled with the approval. In the event of successful approval, the account with login credentials (user email and password) will be created, which is needed to access to my private content or client area. Users are responsible for keeping their login credentials confidential and safe.
By gaining access, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform me via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Conditions for access request
Requesting access on this Website is subject to the conditions outlined below. By requesting access, Users agree to meet such conditions.
- Requesting access by bots or any other automated methods are not permitted.
- Unless otherwise specified, each User can request access only for one account.
- Unless explicitly permitted, a User account may not be shared with other persons.
- Requesting access by the User who considering using my physical services and intending to become a client.
Users can terminate their access and stop using the Service at any time by doing the following:
- By directly contacting with me at the contact details provided in this document.
Access suspension and deletion
I reserve the right to suspend or terminate the User’s access at any time and without notice, at my sole discretion, in these cases:
- User has violated these Terms; and/or
- User’s access or use of this Website may cause injury to me, other Users or third parties; and/or
- the use of this Website by the User may cause violation of law or regulations; and/or
- in case of an investigation by legal action or governmental involvement; and/or
- the account or its use is deemed to be, at my sole discretion inappropriate or offensive or in violation of these Terms; and/or
- User has requested access without intending to book and becoming a client or misused access otherwise.
The suspension or deletion of access shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of access due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on my Website
Unless where otherwise specified or clearly recognizable, all content available on my Website is owned or provided by me or my licensors.
I undertake my utmost effort to ensure that the content provided on my Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on my Website – All rights reserved
I hold and reserve all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on my Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on my Website, the User may download, copy and/or share some content available through my Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by me are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through my Website Users may have access to external resources provided by third parties. Users acknowledge and accept that I have no control over such resources and therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
My Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of my Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, I reserve the right to take any appropriate measure to protect my legitimate interests including denying Users access to my Website or the Service, terminating contracts, reporting any misconduct performed through my Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:
- pretending to fulfil any possible condition or requirements for accessing my Website and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;
- concealing their identity or stealing someone else’s identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
- manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
- defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
- promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on my Website;
- probing, scanning or testing the vulnerability of my Website, including the services or any network connected to the website, nor breaching the security or authentication measures on my Website, including the services or any network connected to my Website;
- installing, embedding, uploading or otherwise incorporating any malware into or via my Website;
- using my Website or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
- attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on my Website or the Service.
Liability and indemnification
Disclaimer of Warranties
My Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, I expressly disclaim all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from me or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, me, my subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
I do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and I shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. I cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall by me, and my subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User access or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
- any unauthorized access to or use of the my secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall me, and my subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to me hereunder in the preceding 12 months, or the period of duration of this agreement between me and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold me and my subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
- User’s use of and access to the Service, including any data or content transmitted or received by User;
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User’s violation of any statutory law, rule, or regulation;
- any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s willful misconduct; or
- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
My failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, I reserve the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, I may also decide to suspend or terminate the Service altogether. If the Service is terminated, I will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside my reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of my Website and of its Service without my express prior written permission, granted either directly or through a legitimate reselling program.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to my Website are the exclusive property of me or my licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with my Website are, and remain, the exclusive property of me or my licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
I reserve the right to amend or otherwise modify these Terms at any time. In such cases, I will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from me.
If required by applicable law, I will specify the date by which the modified Terms will enter into force.
Assignment of contract
I reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of me.
All communications relating to the use of my Website must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where I am based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where I am based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Amicable dispute resolution
Users may bring any disputes to me and I will try to resolve them amicably.
While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of my Website or the Service, Users are kindly asked to contact me at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to my email address specified in this document.
I will process the complaint without undue delay and within 21 days of receiving it.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.
Responsible for the pursuant to § 5 TMG: Lucie Schopp (c/o BesD e.V.)
Köpenicker Straße 187/188 10997 Berlin
Definitions and legal references
My Website (or Website)
The property that enables the provision of the Service.
Any legally binding or contractual relationship between me and the User, governed by these Terms.
European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Example withdrawal form
Rihard An authorized representative of the website provider (operator): Lucie Schopp c/o BesD e.V. Hertzbergstr 3a 12055 Berlin Germany email@example.com
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
- Ordered on: _____________________________________________ (insert the date)
- Received on: _____________________________________________ (insert the date)
- Name of consumer(s):_____________________________________________
- Address of consumer(s):_____________________________________________
- Date: _____________________________________________
(sign if this form is notified on paper)
Me (or my)
Indicates the natural person(s) or legal entity that provides my Website and/or the Service to Users.
A good or service available for purchase through this Website, such as e.g. physical goods, digital files, software, booking services etc.
The sale of Products may be part of the Service.
The service provided by my Website as described in these Terms and on my Website.
All provisions applicable to the use of my Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using my Website.
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.