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General Terms and Conditions of Business
The following General Terms and Conditions of Business are a constituent part of any contract with Information Empire Dating Agency, proprietor Mr Duru, Mosel Strasse 2, 51371 Leverkusen (hereinafter referred to as “agent”). The customer (hereinafter referred to as “member”) shall subsequently conclude a contract to include these General Terms and Conditions of Business. These General Terms and Conditions of Business shall also apply to any ensuing contracts.
Any person over 18 years of age who is looking for a partner can join the agency.
1. Subject of Contract
In the case of non-paying membership, the portal can be used depending on the services currently offered. Non-paying members and Gold members are notified of the services currently offered most notably by way of a NEWSLETTER in email format. Non-paying members have no legal right to use the portal.
Paying Gold members can, upon payment of the service fee in the form of CREDITS, use the following services offered by the dating agency for the respective current value of the CREDITS:
NOW FREE
Following registration, the member can make full use of the agent’s Internet communication portal according to the individual services in the service description as soon as payment by the member has been received by the agent; The member can, depending on his system configuration, post up to five pictures of himself on the portal. The pictures are provided by the member; Members can approach other members via the portal where there is mutual willingness; The members’ contact information comprises their name, telephone and fax numbers, address, email addresses and/or URLs or IP address.
Depending on the services offered by the agent, the member’s data from the personal registration questionnaire will be processed in an automatic proposal list and sent to other members via the agent’s system; The agent reserves the right to change the range of services offered. Place of fulfilment is Germany.
Once all credits have been used up, the member’s status becomes that of a non-paying member until new credits are purchased.
2. Conditions of Payment
The agent’s services are strictly subject to prepayment. Prepayment can, for example, be made by direct debit or credit card using PAYPAL (an Ebay payment system), WESTERN UNION or by post to us and debit upon registration for the chosen period of membership or the CREDITS purchased. The member selects the method of payment when registering.
3. Right of Revocation:
You are entitled to revoke the contract as follows: You can revoke your contract declaration within two weeks in writing by email without stating the reasons. The above time period shall begin upon receipt of this information at the earliest. Punctual dispatch of the revocation is enough to ensure adherence to the revocation deadline. Revocation should be sent to:
info@loveempire.net
Consequences of revocation:
In the case of effective revocation, any mutually received performances and any benefits derived must be returned as far as possible.
Important information:
Your right of revocation expires prematurely if your contractual partner has already begun to perform the service with your express consent before the end of the revocation period. Express consent is considered to be use of the agent’s services by the member.
This revocation information was provided separately upon conclusion of the contract and was confirmed separately.
4. Formation of Contract
The contract is formed by way of conclusion procedure via the agent’s Internet portal.
5. Access
The member has access to the agent’s contractual services within the scope of the conditions of his contract from the time of registration by the member via the agent’s portal.
6. Obligations and Duties of the Member
The member promises the agent that he shall not use the services provided by the agent or other members for commercial purposes. Any violation of this clause by the member shall immediately exclude same from further services. The contract shall be considered terminated with immediate effect as soon as the agent discovers any violation. The member shall be suspended and will receive written notification of the termination of his membership. In the event of misuse of the agent’s services, the agent reserves the right to inform the relevant authorities.
The member is obliged to accept full responsibility for all contents transferred with the correspondence. The agent’s system may only be used for correspondence with the agent’s members. If the member breaches any of these provisions, the agent shall be entitled to block use of the system and rescind the contract with immediate effect. Any payments made for use until the time of rescission shall be retained.
Contact information shall be circulated provided the respective member has registered his consent in the system. Contact information is for the member’s personal use only. Any circulation to third parties, in particular commercial use of the contact information, is not permitted and will result in the immediate annulment of the agent’s duty to perform without repayment of the service fee for the period up to termination of the contract pursuant to Item 8 of this contract.
The user is obliged to indemnify the operator from any sort of legal proceedings, damages, losses or claims which may arise as a result of his registration and/or participation in this service, unless these damages are based on the intent or negligence of the operator or his vicarious agents.
In particular, the user is obliged to indemnify the operator from any liability and from all obligations, expenses and claims arising from damages due to slander, defamation, invasion of personal privacy, due to breakdown of services for users and due to breach of intangible assets or other rights.
The photos used or current images must depict the member’s person.
7. Exclusion
The agent reserves the right to exclude members from use of his services on particular grounds which could jeopardise the integrity and the reputation of the agent’s services and portal. Such grounds exist, for example, if the agent has information which gives cause to suspect: that a member is holding his membership as part of a commercial activity or his membership is connected to a commercial activity; that the member includes sexist images within the scope of his membership or uses the agent’s portal to display said images; that a member has provided false information about himself in the registration questionnaire or during use of the agent’s services or that the picture provided represents someone other than the member.
8. Liability
The agent shall only be liable for intent and gross negligence.
Liability shall be limited, in particular for physical injury and damage to health, to the amount of the fees paid for services rendered pursuant to this contract, insofar as is legally possible. Liability for consequential damages caused by a defect is excluded insofar as is legally permitted.
The agent shall not be liable for correspondence or for any misuse of information between the members or in the event that a proposed member does not reply to the correspondence of a member.
The agent shall endeavour to ensure proper operation of the service. The agent does not guarantee continuous availability or accessibility of the service, nor shall he be liable for delays in transmission or failures due to technical reasons. For example, technical faults or necessary maintenance work may result in temporary disruption to the service.
The agent shall not be liable in the event that third parties illicitly obtain knowledge of personal user data (for example, by way of unauthorised access to the database by hackers). Nor can the agent be held liable in the event that details and information which members themselves have disclosed to third parties are misused by the latter.
Further, the agent reserves the right – although does not enter into any such sort of commitment – to check that the content of any text and submitted photos, current images and graphics or sound files comply with the law and, if necessary to change or delete any illegal content.
The agent shall, on the other hand, endeavour, obviously insofar as is reasonable for him, to ensure the proper general conditions for correspondence between the members. Further, the member has no right to correspond with persons seeking partners who were not proposed to the member by the agent.
No claims of any kind can be derived against the agent in the event that a member has received a proposal from the agency and the other member does not wish to pursue the acquaintance following initial correspondence. In the event that individual members no longer wish pursue the acquaintance at a later stage, this shall be at the sole discretion of the member concerned. A right to demand the issue of the contact information of the member concerned does not exist.
The agent shall not be liable in the exceptional case that a member has provided false information about himself.
Similarly, no claims or liability shall arise from a proposal list by the agent. The agent accepts no liability whatsoever for services by third parties or “linking” by third parties, or offers or services by third parties which can be accessed via an agent’s link.
9. Term and Termination of Contract
The term of the contract shall be one month depending on what is agreed when the contract is concluded. The contract period shall be extended by another month in each case unless terminated in writing in advance.
The special grounds set forth above in Items 5 and 6 which justify exclusion of a member from the agent’s services are also considered to be reasons to terminate a contract with a member for cause by the agent.
10. Data Protection
The member guarantees that the data provided in the questionnaires is true and describes him personally. The member is himself responsible for ensuring that his data is accurate. The agent only stores data such as personal data and possibly the IP address of the member for the purposes of the service objective. The member permits the agent, without express consent, to forward his contact information to other members within the scope of the services offered by the agent.
The questionnaire and photos or any current images will be forwarded to other members depending on their system, possibly checked for mutual interest and recorded in a proposal list within the scope of the portal services. Personal data will be stored, processed and forwarded to other members until revocation for these purposes alone.
11. Miscellaneous
The law of the Federal Republic of Germany shall apply for the General Terms and Conditions of Business and all legal relationships between the member and the agent.
In the event that individual provisions of these General Terms and Conditions of Business should be or become invalid, this shall not affect the validity of the remaining provisions of this agreement. The contracting parties shall replace the invalid provisions with a provision which corresponds most closely to the economic purpose of the original provisions. The general circumstances of this contract are also to be taken into account in this respect. The same shall apply in the case of a loophole.
Any changes or amendments to this agreement must be made in writing to take effect unless otherwise agreed in these General Terms and Conditions of Business. |
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