Terms of Service
These updated terms of service will apply to all newly registered users as of 13/03/2023. Users who registered before 13/03/2023 may agree to these updated terms of service after reading them or object to them by 13/04/2023 by sending a written message with your objection to email@example.com. The updated terms of service will apply if no written objection is received by 13/04/2023. You can read the previous terms of service here.
For all verified Creators, the Extended Terms of service for Creators apply in addition to these terms of service.
The following translation is for your information only. In the event of any conflict or inconsistency between this translated version and the German version (including as a result of delays in translation), the German version shall prevail.
1. Scope and amendments
1.1 The following terms of service apply between the provider, Contenized, legally represented by the business owner Danny Ruzic, Großweidenmühlstraße 16, 90419 Nuremberg, Germany, phone: 0911/2448907, e-mail: firstname.lastname@example.org, and all users (creator and user) of the platform, which is accessible at contenized.com
1.2 Contenized can change the terms of service if unforeseeable or non influenceable changes have occurred after the conclusion of the contract. The user will be made aware of the changes to the terms of service after the account login on contenized.com by means of modal (infobox) or by e-mail to the e-mail address stored in the user account
1.3 The amendments to the terms of service shall become effective if no objection by the User is received by Contenized in text form, e.g. by e-mail, within four weeks after receipt of the notification. In the event of an objection by the user, Contenized reserves the right to terminate the contract with immediate effect. The user will be informed of this by e-mail
1.4 However, changes to the GTC due to compelling legal reasons shall not constitute a right to object and shall become effective upon their announcement. In this case, the user shall be granted a right of termination without notice
2.1 "Platform" refers to the website with the domain contenized.com and its subdomains
2.2 "Contenized" refers to the provider of the platform
2.3 "Users" are all users with a user account created on the Platform (Creator and Customers)
2.4 "Creator" means any User with a verified Creator Account who is authorized to publish Content on the Platform and to generate revenue therefrom
2.5 "Customers" are all users who share or interact (follow, like, comment, send message or similar) with content from verified Creator Accounts
2.6 "Content", "exclusive content", "Content", or also "exclusive content" are all contributions published by verified Creator Accounts, such as images, photos, videos, text contributions or audios. This is exclusively digital content, never physical content
2.7 "Memberships" are to be understood as a paid subscription that users can conclude with a Creator. In return, the user receives access to the Creator's Member Content
2.8 "Premium Content" or "Shop Products" are contents that must be activated individually for a fee. This content is not activated by signing up for a membership
2.9 "Credit" means the currency on the Platform required to unlock Paid Content
2.10 "Transactions" are all payments made by users, e.g. unlocking content, signing up for memberships, paying tips (Donations)
2.11 "Donations" or "Tips" are voluntary payments from a Customer to a Creator that do not involve any performance by the Creator
2.12 "Competition" or "Competitors" are service offers that are in competition with Contenized and pursue the same business intentions
3. Changes and availability
3.1 The Platform may be updated and modified at any time without prior notice. Changes may, but need not, affect all Users
3.2 It is in the interest of Contenized to provide the availability of the platform without interruption. However, Contenized does not guarantee that the platform and all associated functions and content are available without interruption
3.3 The Platform may be unavailable for an indefinite period of time for operational reasons, e.g. to perform updates
3.4 Contenized may restrict or completely block the use of the Platform for certain regions and countries
4.1 Registration is a prerequisite for the use of the platform and is free of charge
4.2 The registration requires the minimum age of 18 years. Contenized reserves the right to carry out an age verification by means of AV system. For countries in which majority (maturity) requires an age of over 18 years, the law applicable in the country of the User shall be decisive. Contenized reserves the right to carry out an age verification by means of the AV system
4.3 Registration by e-mail address and password requires confirmation of the e-mail address in the double opt-in procedure. For this purpose, the user receives an individual 6-digit code, which is sent to the specified e-mail address. Only after the correct entry of the code on the platform and the associated confirmation of the e-mail address are all functions available to the user
4.4 Alternatively, registration can take place via social media login, e.g. Google Login. The selection of the social media login options can be changed at any time. In the event that a social media login option is no longer available, the User will be informed of the change in writing by e-mail. Contenized provides the user with an alternative access to the user account
4.5 Registration requires the truthful provision of personal data. Changes must be made immediately in the account settings. Alternatively, changes can also be communicated in writing by e-mail to email@example.com
4.7 By registering, the User confirms that he/she is entitled to be informed about important information regarding his/her User Account in writing by e-mail to the e-mail address stored in the User Account
5. Conclusion of contract
By clicking on "Register", the user makes an offer to conclude a contract for the use of the platform. As soon as the registration is successfully completed, the contract is concluded
6. Subject matter of the contract
Contenized provides a digital platform that allows verified creator accounts to publish and offer content. Users can activate this content for a fee and view it on the platform. Contenized offers the content in its own name and for its own account and gives the creators a commission on the proceeds.
7. Contract term
The user contract is concluded for an indefinite period of time
8. Termination, deletion, blocking of the account
8.1 The User may terminate the contract concluded for an indefinite period of time, which concerns the use of the platform, at any time without notice and without giving reasons. This requires a written notification by e-mail to firstname.lastname@example.org. Alternatively, the User may also terminate the contract via the settings of the User's account under "Delete Account". In both cases, the user will receive a written confirmation of the termination from Contenized by e-mail
8.2 Contenized can terminate the contract concluded for an indefinite period of time, which concerns the use of the platform, at any time without observing a period of notice if there is suspicion that there has been a one-time or repeated violation of the usage guidelines. In this case, Contenized can withhold, block or irrevocably delete the Account
8.3 In the event of doubt regarding the authenticity of the data provided, Contenized can temporarily block the User Account and demand an identity check from the User. If the User does not comply with this request, Contenized is entitled to irrevocably delete the Account
8.4 The re-creation of a user account that was deleted or blocked by Contenized in the past entitles Contenized to block and delete this user account immediately
8.5 The user account will be deactivated for 30 days after the contract termination. Within this period, the account can be reactivated by logging in. After expiration of the 30 days, the user account will be completely and irrevocably anonymized, i.e. all personal data will be permanently deleted. Access to the account is thus no longer possible. For technical reasons, it may take a few days until the user account is completely removed from the platform
8.6 The user agrees that access to activated content and credit available in the account will be lost due to termination of the contract
9. Prices and costs
9.1 Costs may be incurred for the activation of content and the conclusion of memberships. The price is clearly visible to the user before activation and is displayed in EUR or another national currency of the user and includes the applicable value added tax. The user can be shown prices in the national currency of his location. The displayed prices are a visual conversion from EUR into the respective national currency. The actual amount to be paid is displayed to the user in EUR before the purchase and may vary from country to country
9.2 The activation of content requires that the user account has sufficient "credit". This is explained further under section 10 Credit balance
9.3 The prices for the activation of content and the conclusion of memberships are determined by the respective Creator. Contenized has no influence on this, but can set minimum and maximum limits for the setting of prices
9.4 The activation of content for which a fee is charged must be confirmed by the user by clicking on the "purchase button" (this can also contain the price information and does not have to contain "purchase" in written text form) and then confirming again by clicking on "confirm" (or similar wording). Only then will the user have access to the content(s) and the price paid will be deducted from the user's account balance
10. Credit and payment
10.1 Users may purchase credits through the Platform, which will be credited to their User Account. Credit is required to unlock content on the platform
10.2 The User assures Contenized when purchasing credits that he has exceeded the minimum age of 18 years. Contenized reserves the right to carry out an age verification by means of AV system
10.3 All displayed prices of credit packages are inclusive of the legally applicable value added tax and are paid in EUR
10.4 The selection of the credit packages can be changed by Contenized at any time. Credit purchases that have already been made remain unaffected by this
10.5 Contenized offers its Users various payment methods for the purchase of credits and may change these at any time, without notice
10.6 Contenized receives from the User the right to pass on payment information, which is necessary for the processing of a payment, to the payment provider
10.7 If a user account does not have sufficient credit to unlock content, unlocking is not possible. In this case, the user will be automatically informed on the website and redirected to the "top-up credit window"
10.8 In the case of recurring payments, e.g. memberships, access to content shall be terminated with immediate effect if there are insufficient funds in credit balances
10.9 The user must confirm by means of a checkbox that he has read and accepted the Terms of Service before purchasing credit. In addition, the user must agree that the execution of the contract will begin before the expiration of the revocation period. The right of revocation thus expires
10.10 If the transaction fails due to insufficient funds in the account or other reasons, the User will be informed by the Payment Provider about the transaction failure and the User's account will not be debited. The failed transaction will be listed in the User's account library under "Payments" and will be given the status "Cancelled". Updating the status may take several hours for technical reasons
10.11 In case the User's account is debited but no credit is credited to the User's account, we ask for a written notice from the User via e-mail to email@example.com with the following information:
- Username and email address of the affected user account
- ID of the payment (to be found in the settings of the user account under "Payments")
- Selected payment method
Contenized will process the concern as quickly as possible and take all necessary measures to resolve the problem. Contenized may contact the payment provider to clarify the concern in order to obtain information on the transactions. If it can be proven that the account was debited without receiving credit, the user will be informed by e-mail about the further procedure. Either the credit will be subsequently credited to the user's account or he will receive a refund of the transaction amount via the payment method he has chosen. The refund of the amount may take several business days and is not within the control of Contenized, as the refund is processed by the payment provider.
10.12 A payout or refund of credit balances is not possible
10.13 The credit of a user account is not transferable to another user account
10.14 The credit balance shall remain with the user account for the period of the general limitation period of three years, unless
the user account is duly terminated by the user
there is a suspicion that a serious or repeated violation of the usage guidelines has occurred. The user will be informed by Contenized in writing by e-mail about the reason for the deletion. The user account will be irrevocably removed and the user contract terminated.
11. Adult content and age verification
11.1 Contenized is a platform that allows the publication of adult content. By using the platform, the User agrees to the following
11.2 Unlocking of adult content requires age verification free of charge for the User, which is carried out by means of a suitable and fully certified AV system (age verification system)
11.3 Age verification must be carried out by the user himself and may not be carried out by another person
11.5 If the age of majority of the User cannot be ensured by the AV system, the activation of non-adolescent content is not possible. Contenized can irrevocably delete a User Account that has given a false identity or suggests a person who is not of age. It comes to the termination of the contract
12. Duties and guidelines for users
The following obligations and guidelines are to be complied with from the beginning of the term of the contract for the entire term of the contract and are to be understood as an extension to the obligations specified by law. Contenized may terminate the contract concluded for an indefinite period of time, which concerns the use of the platform, at any time without observing a notice period, if there is suspicion that there has been a serious or repeated violation of the following usage guidelines. In this case, the Account will be irrevocably deleted
12.1 Personal data
- Registration requires the truthful provision of personal data. Faking a false identity is prohibited
- Changes must be made immediately in the account settings. Alternatively, changes can also be communicated in writing by e-mail to firstname.lastname@example.org
- Publicly visible data, such as the user name, may be chosen fictitiously and does not have to provide any information about the real identity
12.2 Protection of the user account
- The access of the user account must be permanently protected from children and adolescents
- The user account is exclusively for the user's own use. The access may not be passed on to third parties
- In the event that third parties have access to the User's account, the User must send a written message by email to email@example.com so that Contenized can ensure the security of the account
12.3 Comments, profiles and other texts
The user confirms and assures Contenized with the publication of texts (comments, profile, posts, chat messages, social media links and the like) that these do not contain any
- Contain or promote insults, incitement or hatred
- Discriminate against, insult or attack a person or group on the basis of origin, religion, identity, sexual orientation, skin color or gender, appearance, ideas and the like
- include confidential or personal data of third parties
- Advertisements or links to service offerings that compete with Contenized and share the same business intentions include
12.4 Content copyrights
- all content published on the platform is protected by copyright and is intended solely for the user's own private use via the website contenized.com
- downloading content or making screen recordings is prohibited
- The publication, redistribution or sharing of content that has been activated on the platform for a fee is an infringement of the law and will be reported to the police. Contenized has a claim for injunctive relief and damages against the user through whom the copyright infringement occurred. In addition, there is a claim to the costs of the infringement, which Contenized has incurred in order to enforce its rights, e.g. lawyer's fees
- Contenized may disclose personal data of a User (e.g. first and last name, address and e-mail address) to a Creator or to authorized third parties (e.g. lawyer) if there is a suspicion of copyright infringement by the User and the personal data is required to contact or initiate proceedings
12.5 Links, recommendations and advertising
- Contenized allows the sharing of links that refer to other offers and websites. The forwarding to service offers that are in competition with Contenized and pursue the same business intentions is prohibited
- The solicitation of users for own offers or offers of third parties outside the platform is prohibited. It does not matter whether it is a successful enticement or only an attempt
- Contenized reserves the right to irrevocably remove such links and texts without prior notice
Contenized prohibits the publication of content that is
- constitute or involve illegal acts or other violations of law. This includes drug abuse, rape, child pornography, human trafficking, torture, violence, abuse, possession of weapons, and other violations of law
- represent or involve minors
- Involve legal, copyright, trademark or license violations
- have arisen without substantial participation of the user of the publication
- Represent or involve self-harm or suicide
- Depict or involve racism, discrimination or hatred
- Depict or involve bestiality (sexual act with animals)
- Represent or contain feces, urine, vomit, or blood
- depict or include hardcore scenes (extreme BDSM, etc.)
- Represent or include physical products or services. These include: Escort services, personal appointments, offering clothing, underwear, lingerie, or offering products that require shipment by postal mail or in-person pick-up
- represent or include the offer of other competitions
13. Rights of Contenized in case of violation of the Terms of Service or usage guidelines
Contenized may terminate the contract concluded for an indefinite period of time, which concerns the use of the platform, at any time without observing a notice period, if there is suspicion that there has been a one-time or repeated violation of the usage guidelines. The Account will be anonymized in this case.
14. Limitation of liability / exclusion of liability
14.1 Contenized provides a digital platform that enables verified Creator Accounts to publish and offer content. Contenized is not obliged to check or authorize the content before publication
14.2 Contenized clarifies that content, comments and other contributions published by users do not reflect the opinion or view of Contenized
14.3 Contenized is not responsible for the content to be released against payment and does not influence the pricing or quality of the offers, but can set a minimum and maximum limit for pricing
14.4 Contenized clarifies that users are not obliged to release content for a fee, to follow instructions or recommendations from other users and the user does this at his own responsibility
14.5 It is in the interest of Contenized to provide the availability of the Platform without interruption. However, Contenized does not guarantee that the Platform and all associated functions as well as content are available without interruption
14.6 The Platform and all related services may be unavailable for an indefinite period of time for operational reasons e.g. to perform updates
14.7 Contenized is not responsible for stolen, compromised or lost user accounts, access data or resulting damages, e.g. unauthorized transactions, lost credit or the like
15. Limitation of liability
Claims for damages against Contenized are excluded. Contenized is liable exclusively for damages that are based on intent, gross negligence, the breach of a cardinal obligation, injury to life, limb, health or a guarantee.
In the event of a breach of a cardinal obligation due to simple negligence, Contenized shall only be liable insofar as the occurrence of the damage could reasonably be expected at the time of conclusion of the contract and limited to an amount equal to the direct damage to the User that is typical for the contract and foreseeable at the time of conclusion of the contract. Cardinal obligations are essential obligations of this contract that must be fulfilled in order to achieve the specified contractual objective.
Contenized is not liable for data loss, data delays, data changes, actions of other users that are in breach of contract or for circumstances that lie outside its own area of responsibility, as they are caused by force majeure or fall within the area of responsibility of third parties.
16. DMCA Takedown Policy (Digital Millennium Copyright Act)
Contenized provides the following DMCA takedown policy. This policy applies in the event of copyright infringement by content published on the platform.
The DMCA (Digital Millennium Copyright Act) is a United States copyright law that exempts digital service providers who authorize users to post content from liability for copyright infringement, provided that the content affected by the copyright infringement is removed promptly after notice of the infringement.
The author may send a written complaint by e-mail to firstname.lastname@example.org in case of suspected infringement of his intellectual property rights in accordance with the copyright laws. For this purpose, the following information is required from the author.
- an electronic or physical signature of the author or a person authorized on behalf of the author
- a description of the copyrighted content that is affected by the infringement
- a description as precise as possible of where on the platform the content(s) affected by the copyright infringement are located (URL link)
- a valid and current address, telephone number, e-mail address and the full name of the author or authorized person
- a statement by the author that he or she has a good faith belief that use or disclosure of the copyrighted content is not authorized by the author, the author's agent, or the law
- a sworn statement that the information provided in the complaint is correct and that the sender of the complaint is the author or an authorized representative on behalf of the author
The author or its authorized representative shall be liable for any costs incurred in removing or blocking the allegedly copyrighted content in case of misrepresentation.
Counter-notifications to reported copyright infringements
The recipient of the copyright complaint may send a counter notification to the reported copyright infringement in writing by e-mail to email@example.com. For this purpose, the following information is required from the recipient of the copyright complaint.
- an electronic or physical signature of the recipient of the complaint
- a description of the copyrighted content that is affected by the alleged infringement
- A description, as accurate as possible, of where on the platform the content(s) affected by the alleged copyright infringement is located (URL link)
- a valid and current address, telephone number, e-mail address and the full name of the recipient
- a statement by the recipient agreeing that the place of jurisdiction is at its location
- a statement by the addressee that he or she accepts service of process on the plaintiff
The DMCA requires that protected content that has been blocked, blocked, or removed be restored upon receipt of a valid counter-notice. There is a significant penalty for false counter-notice in response to a copyright complaint.
The DMCA takedown policy applies to copyright infringement only.
17. Protection of minors according to 18 USC 2257
Contenized is not the creator and also not the owner, of the content published on the platform. All Creators who are authorized to publish content on the platform have exceeded the minimum age of 18 years at the time of registration and thus also at the time of publication of content.
This is duly verified by Contenized by means of age verification, in that the Creator's account is only authorized to publish content after successful identity verification including age verification.
All creators (creators and originators) have contractually assured us during verification that all persons involved in the creation of content were over the minimum age of 18 at the time of creation.
Contenized may block, block, archive or remove content suspected of violating 18 U.S.C. 2257 and hold the creator of such content accountable.
Complaints can be sent in writing by e-mail to firstname.lastname@example.org. For this, Contenized requires precise information about the affected content and why an alleged violation of the US law 18 U.S.C. 2257 exists. Contenized will respond as soon as possible and take all necessary measures.
Some content posted on the Platform is exempt from the provisions of 18 U.S.C. Section 2257 and 28 C.F.R. 75 because such visual depictions do not consist of depictions of conduct, 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 before July 3, 1995.
18. Contact and complaint management
18.1 General questions or other concerns may be sent in writing by email to email@example.com
18.2 In case of a possible copyright infringement by content published on the Platform, the DMCA Takedown Policy (Digital Millennium Copyright Act) is available. This contains a detailed explanation of the further procedure
18.3 Complaints can be sent in writing by e-mail to firstname.lastname@example.org. Contenized requires the following information from the creator of the complaint:
- detailed explanation of the complaint
- Name and contact details of the sender or the person concerned
After receipt of the complaint, Contenized will deal with the concern and take steps that are appropriate to investigate the complaint. If further information from the sender is required in the process, Contenized will contact the sender in writing by e-mail.
19. Data protection
20. Right of withdrawal
The user has the right to revoke the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
All transactions carried out on the platform, e.g. purchase of credits, unlocking of content, donations or conclusion of memberships, are digital content or services.
To exercise the right of withdrawal, the user must Contenized - Contenized, Danny Ruzic, Großweidenmühlstraße 16, 90419 Nuremberg, e-mail: email@example.com, telephone number: 0911/2448907, by means of a clear, written statement by e-mail to firstname.lastname@example.org of the decision to revoke the contract.
Consequences of the revocation
In the event that the User revokes the contract, Contenized shall repay all payments made by the User without undue delay and at the latest within fourteen days from the day on which Contenized received the notification of the revocation of this contract. The repayment shall be made via the means of payment used by the User in the original transaction.
Right of withdrawal for digital content and services
The right of withdrawal shall expire in the case of contracts for the provision of digital content or digital services not on a physical data carrier under the following conditions:
- in the case of a contract that does not oblige the consumer (user) to pay a price when the entrepreneur (Contenized) has started to fulfill the contract,
- In the case of a contract that obliges the consumer (user) to pay a price when
a) the Contractor (Contenized) has started the performance of the contract,
b) the consumer (user) has expressly agreed that the entrepreneur (Contenized) begins with the performance of the contract before the expiry of the withdrawal period,
c) the consumer (user) has confirmed his knowledge that by his consent under letter b) his right of withdrawal expires with the beginning of the performance of the contract, and
d) the entrepreneur (Contenized) has provided the consumer with a confirmation pursuant to § 312f.
Before paying, the user confirms by means of a checkbox that the execution of the contract will be started before the expiry of the withdrawal period and that the right of withdrawal expires with the start of the execution.
Contenized sends the user in this regard a written confirmation by e-mail (order confirmation e-mail) in accordance with § 312f
21. Final provisions
21.1 The legal relationship between Contenized and the User shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods
21.2 If the User is a merchant, Nuremberg shall be the exclusive place of jurisdiction for all disputes arising from this Agreement. This shall also apply if the User is an entrepreneur and has no general place of jurisdiction in Germany or if the User's place of residence is outside Germany or unknown at the time the action is filed
21.3 The EU Commission provides a platform for online dispute resolution at the following link: https://webgate.ec.europa.eu/odr
Contenized is not obligated to participate in a dispute resolution procedure before a consumer arbitration board and also does not offer the participation in it
Date: March 2023