Terms of Service

[[PLACEHOLDER — REPLACE WITH LAWYER-REVIEWED TEXT]] This document is a draft prepared for internal review and does not constitute legal advice. It must be reviewed and approved by qualified counsel admitted in Germany/the EU before being published or relied upon.

These Terms of Service (the "Terms") govern your access to and use of the website my-own-dolls.com and all related subscription services, galleries, applications and features (together, the "Service"). The Service is operated by [[PLACEHOLDER: LEGAL ENTITY NAME]], [[PLACEHOLDER: LEGAL FORM, e.g. GmbH]], with its registered office at [[PLACEHOLDER: REGISTERED ADDRESS, GERMANY]], registered in the commercial register at [[PLACEHOLDER: REGISTERGERICHT / HRB NUMBER]], VAT identification number [[PLACEHOLDER: USt-IdNr]] (the "Operator", "we", "us" or "our").

By creating an account, purchasing a membership, or otherwise accessing or using the Service, you accept these Terms and confirm that you have read and understood our Privacy Policy, Cookie Policy and any other policies referenced herein. If you do not agree, you must not access or use the Service. We may amend these Terms from time to time in accordance with Section 13; the version in force at the time of your use applies.

The Service contains sexually explicit, adult-only content intended exclusively for consenting adults. All content is published in accordance with German youth-protection law (Jugendmedienschutz-Staatsvertrag, JMStV) and is made available only within a closed user group following age and identity verification. By accessing the Service you confirm that viewing such material is lawful in your jurisdiction and is not offensive to you.

You may use the Service only if you are at least eighteen (18) years of age and have reached the age of majority in your country of residence. You must complete our age- and identity-verification process before any adult content is made accessible to you. We use [[PLACEHOLDER: AGE-VERIFICATION PROVIDER / METHOD]] to operate this closed user group as required under the JMStV. We reserve the right to refuse, suspend or revoke access where verification cannot be completed or where we have reasonable grounds to doubt a user's age or identity.

All performers depicted on the Service are verified adults aged eighteen (18) or older at the time of production. We operate a strict zero-tolerance policy toward child sexual abuse material (CSAM) and any content involving minors. Records relating to performer age and identity are maintained by our designated custodian of records in line with applicable card-network and recordkeeping standards referenced in Section 6 and our separate compliance statement [[PLACEHOLDER: LINK / 2257-STYLE COMPLIANCE STATEMENT]].

To access membership features you must register an account and provide accurate, current and complete information. You are responsible for keeping your login credentials confidential and for all activity occurring under your account. You must notify us without undue delay at [[PLACEHOLDER: SECURITY/SUPPORT EMAIL]] if you suspect any unauthorised use of your account.

Accounts are personal to you and non-transferable. You may not share, sell, rent, lend or otherwise allow any third party to use your account or credentials. Each account is intended for use by a single verified adult; concurrent or shared use may result in suspension or termination. We may, at our discretion, limit the number of devices or simultaneous sessions associated with an account to prevent abuse.

You must not create an account using false information, another person's identity, or automated means, and you must not maintain more than one account except with our prior written consent. We may verify the information you provide and refuse registration or close an account that does not comply with these Terms.

Access to premium content requires a paid membership. The available plans, prices (including applicable VAT), billing intervals and renewal terms are displayed before you complete a purchase. Unless stated otherwise, subscriptions renew automatically at the end of each billing period at the then-current price until cancelled, and your chosen payment method will be charged accordingly.

Payments are processed by third-party payment service providers [[PLACEHOLDER: PAYMENT PROCESSOR(S)]]. We do not store full payment-card details. Charges from us or our processors may appear on your statement under the descriptor [[PLACEHOLDER: BILLING DESCRIPTOR]]. By subscribing you authorise recurring charges until you cancel. You are responsible for any taxes, currency-conversion or bank fees not collected by us.

You may cancel renewal at any time via [[PLACEHOLDER: ACCOUNT CANCELLATION PATH / EMAIL]]; cancellation takes effect at the end of the current paid period and you retain access until then. Statutory rights of withdrawal: where you are a consumer, EU/German law provides a right of withdrawal for distance contracts; however, for digital content supplied immediately, this right may lapse once supply begins with your express prior consent and acknowledgement that you thereby lose the right of withdrawal. Details and the model withdrawal form are set out in our separate Withdrawal Policy [[PLACEHOLDER: LINK]]. [[PLACEHOLDER — REPLACE WITH LAWYER-REVIEWED TEXT: confirm withdrawal/refund handling under §§312g, 356 BGB.]]

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and view the content available under your membership, by streaming, solely for your own private, non-commercial enjoyment during the term of your active subscription. This is a licence to view only; no ownership or other rights are transferred to you.

Except where a download feature is expressly offered, you must not download, copy, save, record, screen-capture, scrape, rip, mirror, store, reproduce, publicly display, distribute, broadcast, retransmit, sell, sublicense or otherwise exploit any content, in whole or in part. You must not circumvent, disable or interfere with any digital rights management, watermarking, geoblocking, access-control or security measure, nor remove or alter any copyright, trademark or attribution notice.

Any unauthorised copying or distribution of content is a serious breach of these Terms and may infringe copyright and personality/privacy rights of performers, exposing you to civil and criminal liability. We and our content partners reserve all rights and remedies. Unauthorised redistribution of intimate images may also constitute non-consensual intimate-imagery (NCII) abuse and will be pursued accordingly (see Section 7). The licence terminates automatically upon expiry or termination of your membership or upon any breach of these Terms.

All content on the Service — including photographs, text, graphics, logos, designs, the my-own-dolls.com name and branding, software and the compilation and arrangement of all of the foregoing — is owned by the Operator or its licensors and is protected by copyright, trademark, database and other intellectual-property laws of Germany, the EU and other jurisdictions. Nothing in these Terms grants you any right, title or interest in such content beyond the limited viewing licence in Section 5.

The Operator maintains age- and identity-verification records for all depicted performers. While 18 U.S.C. §2257 is a United States recordkeeping regime, the Operator observes equivalent recordkeeping and verification standards to the extent required by the major card networks (see Section 14) and applicable law. Inquiries regarding records may be directed to our custodian of records: [[PLACEHOLDER: CUSTODIAN OF RECORDS NAME AND CONTACT ADDRESS]].

Copyright complaints: if you believe content on the Service infringes your rights, you may submit a notice to [[PLACEHOLDER: COPYRIGHT/ABUSE EMAIL]] following the procedure in our Copyright / DMCA Notice-and-Takedown Policy [[PLACEHOLDER: LINK]]. We respond to valid notices, including under the DMCA framework where applicable, and may remove content and terminate repeat infringers.

You agree to use the Service lawfully and in accordance with these Terms. You must not: (a) use the Service if you are under 18 or otherwise ineligible; (b) upload, request, share or attempt to access any content depicting minors or any other illegal content; (c) download, copy, redistribute, resell or publicly share content except as expressly permitted; (d) harass, threaten, defame, dox or infringe the rights of performers, staff or other users; (e) use bots, scrapers, crawlers or other automated means to access or harvest content or data.

You further must not: (f) attempt to gain unauthorised access to the Service, other accounts or our systems; (g) introduce malware or interfere with the integrity, security or performance of the Service; (h) circumvent age verification, geographic restrictions, paywalls or technical protection measures; (i) use the Service for fraud, money laundering, chargeback abuse or any unlawful purpose; or (j) use the Service in any way that violates the JMStV, the EU Digital Services Act (DSA), or other applicable law.

Illegal-content reporting and zero tolerance: we cooperate with law enforcement and report suspected child sexual abuse material and other serious illegal content to the competent authorities, including the German Federal Criminal Police Office (BKA) and INHOPE hotlines, as applicable. We operate notice-and-action mechanisms consistent with the DSA. We further support non-consensual intimate imagery (NCII) and TAKE IT DOWN-type removal processes; reports may be sent to [[PLACEHOLDER: ABUSE/NCII EMAIL]] and will be handled on a priority basis, including expedited removal and, where appropriate, hash-based prevention of re-upload.

The Service may rely on or link to third-party services, including payment processors, age-verification providers, content-delivery networks and analytics tools. Your use of such third-party services may be subject to their own terms and privacy policies, over which we have no control and for which we accept no responsibility.

Where the Service displays links to external websites, these are provided for convenience only and do not constitute an endorsement. We are not responsible for the content, availability, security or practices of any third-party site, and you access them at your own risk.

You may terminate your relationship with us at any time by cancelling your membership and, if you wish, closing your account as described in Section 4 and in our Privacy Policy.

We may suspend or terminate your access to the Service, in whole or in part, with or without notice, where: (a) you breach these Terms or any applicable law; (b) we are required to do so by law, a court, a regulator or a card network; (c) verification of your age or identity fails or is withdrawn; (d) we reasonably suspect fraud, chargeback abuse, account sharing or unauthorised content distribution; or (e) we discontinue the Service. Where required by law, we will act proportionately and provide a statement of reasons and any redress consistent with the DSA.

Upon termination, your licence to access content under Section 5 ends immediately. Sections that by their nature should survive termination — including Sections 5 (no redistribution), 6, 7, 10, 11, 12, 13 and 14 — survive. Termination does not entitle you to a refund except as required by mandatory consumer law.

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we make no warranties or representations, express or implied, regarding the Service, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, availability or non-infringement, except for warranties that cannot be excluded under mandatory law.

We do not warrant that the Service will be uninterrupted, error-free, secure or free of harmful components, or that content will always be available, complete or current. We may modify, suspend or discontinue all or part of the Service, including specific content or features, at any time. Scheduled or emergency maintenance may temporarily limit access.

Nothing in this Section limits any statutory rights you may have as a consumer under German or EU law, which remain unaffected.

[[PLACEHOLDER — REPLACE WITH LAWYER-REVIEWED TEXT: the following liability regime must be confirmed against §§ 276, 278, 309 BGB and German case law on limitation-of-liability clauses (Haftungsbeschränkung) before use.]]

We are liable without limitation for damages arising from injury to life, body or health caused by our negligent or intentional breach of duty, for damages caused intentionally or by gross negligence, and to the extent we have assumed a guarantee or are liable under the German Product Liability Act (Produkthaftungsgesetz) or other mandatory law.

In cases of slight negligence, we are liable only for the breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance you may regularly rely), and in such cases our liability is limited to the foreseeable, typical damage. Any further liability is excluded. To the extent our liability is excluded or limited, this also applies to the personal liability of our legal representatives, employees and agents. These provisions do not alter the burden of proof to your detriment.

To the extent permitted by applicable law, you agree to hold us harmless from and against third-party claims, liabilities, damages, losses and reasonable expenses (including reasonable legal fees) arising out of or connected with your unlawful use of the Service, your breach of these Terms, or your infringement of the intellectual-property, personality or privacy rights of any performer or other person, including any unauthorised copying or redistribution of content. We will notify you of any such claim and you will cooperate in its defence; we reserve the right to assume control of the defence at your cost where the claim arises from your conduct.

We may amend these Terms to reflect changes in law, regulatory or card-network requirements, the features of the Service, or our business operations. We will notify registered users of material changes by a reasonable means, such as email or notice within the Service, before the changes take effect.

Unless a shorter period is required by law, changes take effect [[PLACEHOLDER: NOTICE PERIOD, e.g. 30 days]] after notice. If you do not agree to the amended Terms, you may cancel your membership before they take effect; your continued use of the Service after the effective date constitutes acceptance. Changes that are necessary to comply with mandatory law or that are purely to your benefit may take effect immediately.

Because the Service accepts card payments, we are bound by the rules of the major card networks (including Visa and Mastercard) applicable to adult-content merchants, in addition to applicable law. These rules require, among other things, robust age and consent verification of all depicted performers, content provenance and recordkeeping, prohibitions on illegal and non-consensual content, clear billing descriptors, accessible cancellation, and effective complaint and content-removal procedures. Where these Terms must be read consistently with such rules or with mandatory law, the stricter applicable requirement prevails.

We maintain the verification, recordkeeping, reporting and removal mechanisms referenced in Sections 2, 6 and 7 in order to meet these requirements and to combat illegal content. [[PLACEHOLDER — REPLACE WITH LAWYER-REVIEWED TEXT: align this section with the operator's current acquirer and card-network adult-merchant program requirements.]]

These Terms and any dispute arising out of or in connection with them or the Service are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Where you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence.

Where permitted by law, the courts of [[PLACEHOLDER: COURT VENUE / SEAT OF OPERATOR]] shall have jurisdiction. For consumers, statutory jurisdiction rules apply and are not restricted by this clause. The European Commission provides an online dispute resolution (ODR) platform for consumers at [[PLACEHOLDER: ODR PLATFORM URL, https://ec.europa.eu/consumers/odr]]. We are [[PLACEHOLDER: not willing / not obliged]] to participate in dispute-resolution proceedings before a consumer arbitration board, except where required by law. [[PLACEHOLDER — REPLACE WITH LAWYER-REVIEWED TEXT: confirm ODR/VSBG consumer-dispute statements and venue clause.]]

If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain in full force; the invalid provision shall be replaced by a valid provision that most closely reflects its commercial purpose. Our failure to enforce any provision is not a waiver of that or any other provision. You may not assign your rights or obligations under these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, subject to your statutory rights.

These Terms, together with the Privacy Policy, Cookie Policy, Withdrawal Policy, Copyright/Takedown Policy and any plan-specific terms, constitute the entire agreement between you and us regarding the Service. The German-language version of these Terms shall prevail in the event of any discrepancy with a translation, unless otherwise required by mandatory law.

Contact: [[PLACEHOLDER: LEGAL ENTITY NAME]], [[PLACEHOLDER: REGISTERED ADDRESS]], email [[PLACEHOLDER: GENERAL CONTACT EMAIL]]. For privacy matters, contact our Data Protection Officer at [[PLACEHOLDER: DPO CONTACT]]. Full provider identification is set out in our Imprint / Impressum [[PLACEHOLDER: LINK]] as required by German law.