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Gerneral Terms and Conditions
With your registration at GDG (referred to as "operator" in the following) you comply with the general terms and conditions as stated below. In case you disagree to our general terms and conditions, you will have to quit your registration. Persons who are underage not having reached their 18th birthday are not entitled to use this service.
1 Validity
The following terms and conditions administer the terms under which the use of GDG proceeds. Terms and conditions also apply in case the service is used outside of Switzerland. With registering the user confirms to have read, understood and accepted these terms and conditions. Variant arrangements and especially terms of the user contradictory to these terms and conditions will only become valid after the written consent of the operator.
2 Scope Of Services
(1) The operator runs an online forum for personal contacts offering users access to his data base, which they can use to get to know each other on a personal basis. This data base contains profiles and information about other users. Users are entitled to check profiles of other users within the data base and can be contacted by them. They can also set up a profile of their own including photos which they can add to the data base.
(2) Against an additional fee, male users above the age of 35 have the opportunity to register as premium members. Premium members will be offered additional enhanced functions. They have full access to our contact data base including photos uploaded by other users and are able to contact them. Female users will be able to use these functions free of charge.
(3) Users will be informed about charges, scope of services and methods of payment before they enter the restricted area and will only be able to use these areas after payment is effected.
(4) The contact portal is only intended to be offered for private purposes. Commercial use is prohibited.
(5) The operator is entitled to authorize third parties with the provision of parts of the scope of services or even with the entire scope as long as there won't be any detriments to the user.
(6) The operator cannot guarantee a successful intermediation of contacts. Therefore, he cannot be made liable in case no contacts have been made within the stated duration of the contract.
3 Contract Completion, Inception of Contract
(1) The contract between operator and user concerning the use of the data base will come into force by user registration.
(2) The contract for the use of our data base as a „premium member" becomes valid by the order from the user. Operator will grant full access only after receipt of payment.
(3) The duration of the premium membership starts with the activation by the operator.
(4) A contract according to article 1 and 2 is only valid, when the user is as least 18 years old. The operator is authorized to check personal data of users on the basis of suitable official documents. The user assures the operator to submit copies of official documents – especially ID cards - on the operators' request.
4 Fees
(1) Use of our services according to 2, article 1 of these terms and conditions is free of charge.
(2) „Premium Membership" for women (2, article 2 of these terms and conditions) is also free of charge, as long as only contacts to men are sought.
(3) For all other users the following fees for a premium membership will be charged. Fees will be also shown to the user as a customer information again before the conclusion of the premium membership contract.
- Premium access for 10 days: 19,- GBP.
- Premium access for 30 days: 49,- GBP.
- Premium access for three months: 129,- GBP.
5 Conditions of Payment
(1) Payment of fees has to be made by the user in advance without any deductions.
(2) Options for payment are either bank transfer or PayPal (credit card)
6 Data Privacy
General confidentiality regulations of the operator are valid.
7 Termination of Premium Membership Contract and Cancellation Period
(1) Premium membership contract ends after the period stated in 4, article 3.
(2) To determine the contract duration exactly no special calender month is essential but rather the duration of a specified day until the exact same day of the following month.
(3) The contract can be cancelled by the operator without keeping the period of cancellation in case the user purposely makes false statements during registration or updates. There will be no refunds in this case.
(4) After expiration or termination of a premium membership the state of the user will automatically change to a free-of-charge basic membership with all its restrictions.
(5) Should a premium member delete his or her data before the termination of the premium membership period, he or she will be informed that relevant data cannot be restored. With self-executed deletion of data the premium member relinquishes the remaining time entitlements. He or she will be informed about this before deletion. In this case there won't be any refund for already payed charges.
8 Termination of Free Membership
(1) A free membership according to 2, article 1 of these terms and conditions can be cancelled anytime via e-mail.
(2) Free membership contracts can be terminated by the operator without keeping any cancellation periods or stating reasons.
(3) After the termination of the contract all user data will be deleted with the exception of data needed longer after the termination for the purpose of later evidence for illegal actions of users.
9 Liability of the Operator
(1) The operator will be liable for any damage on live, body and health in connection with his service as long as the damage is based on roughly negligent breach of duty caused by the operator, his legal representatives or any other auxilary persons respective or on intention of the operator.
(2) The operator will be liable for any damage on other legally protected interests than live, body and health as long as the damage is based on grossly negligent breach of duty by the operator, his legal representatives or auxilary persons respective or on intention of the operator.
(3) The operator cannot be held responsible for incorrect statements made by users in their registrations, as for the data bases extensive information added by users cannot .. always be checked. He does not asume liability for possible abuse of information by other users or third parties. This applies especially when users reveal information about themselves. Furthermore, the operator is not liable for unauthorized access to personal user data by third parties (e.g. an unauthorized access to the data base by „hackers"), as long as it cannot be ascribed to the operator´s actual fault (in consideration of the restraint mentioned under 1 and 2 of this article) or the fault of his legal represantatives or auxilary persons. The operator is entitled but not obliged to check contents of submitted texts, pictures or files concerning the principles of the terms and conditions and, if necessary, to modify or delete them.
(4) The operator cannot be held responsible for insignificant problems concerning his service. Furthermore, the operator is not (!!!!) liable for any breakdowns of his service he is not responsible for such as force majeure, technical failures of the internet or maintenance work.
10 User Duties
(1) The user is only responsible for the content provided and... information uploaded about him or herself.
(2) The user assures that the data provided is correct and describes his or her person adequately. Both contract parties agree that there is the legitimate interest of the operator to be able to check correctness of data provided if necessary.
(3) It is particularly prohibited for men to impersonate themselves as women in order to obtain free privileges of a premium membership by fraud. This can lead to a fixed compensation claim amounting 300 GBP according to 12 article 2.
(4) The user commits to indemnify and hold the operator harmless against any liability, damage, expense and cost arising out of a legally justified claim that may result from his registration and/or his or her participation in this service, as long as these damages do not result from the intention or gross negligence of the operator, his legal representatives or auxiliary persons. The user particularly commits to indemnify the operator from all duties, charges or claims resulting from damages caused by libel and slander, violation of personal rights or caused by breakdown of services for users, violation of intangible property or other rights.
(5) The user obligates him- or herself not to intentionally display data (including email addresses) of third parties but his or her own. In particular, he or she obligates him- or herself not to issue bank accounts or credit card data of third parties in fraudulent intent.
(6) The user commits him- or herself to observe the respectively applicable laws when registering or using the contact portal.
(7) User obligates him- or herself to keep emails and other messages in confidence and not to make them accessible to third parties without the consent of the author. The same applies regarding names, telephone and faxnumbers, addresses, email addresses and/or URLs.
(8) Furthermore, every user commits him- or herself not to misuse the service, in particular:
- not to spread defamatory, obnoxious or in any way illicit material or information;
- not to use the service to threaten or amuse other persons or to violate the rights (including personal rights) of third parties;
- not to upload virus-infected data (infected software). - not to upload copyright-protected software or other material, except the user owns the rights or has the necessary approval;
- not to use the service in a way that negatively affects the availability of submissions of other users;
- not to intercept emails or try to do so;
- not to advertise for other, non-commercial contact portals. Advertisement for other commercial contact portals breaches the prohibition according to 11 of these terms and conditions.
- not to send chain letters;
- not to mention names, addresses, telephone or faxnumbers or email addresses in the personal description (profile).
(9) Every member is prohibited to add an email address, telephone numbers or any other entries into visible desciption fields („About Me", „Why GDG "), which make availabilty outside of girlsdategentlemen possible.
(10) Nonobservance of one of the aforementioned rules of conduct can lead to immediate cancellation of membership and also can cause consequences under civil or criminal law for the user. In particular, compensation for damages according to 11 article 2 of these terms and conditions may occur. The operator reserves his right to suspend users from the service in case - from his point of view - immoral, obscene or politically radical contents or pictures are spread around by means of a registration or the use of our service.
11 Prohibition of commercial utilization and prohibition of spamming
(1) The user reassures, that he or she does not follow any commercial or mercantile interests with his or her membership. He or she agrees not to make use of GDG in any commerical way.
(2) Commercial utilization is particularly the reference to certain telephone services (e.g. the indication of a telephone number) or a link to a commercial website.
12 Compensation for Damages
(1) Users, who use their membership for commercial purposes according to 11 of these terms and conditions, commit to pay a fixed-rate compensation of 4000,- GBP. In this case users are allowed to prove that no damage has been caused or that the damage is considerably less than the compensation which has to be paid. The operator is entitled to prove that a considerably higher damage has been caused.
(2) In case of intentional or grossly negligent violation of duties described under 10 the user assures to pay a flate-rate compensation of 300,- GBP to the operator, if the violation has not already caused a fixed-rate compensation according to (1) of this article. Users are allowed to prove that no damage has been caused or that the damage is considerably less than the paid compensation. Operator is entitled to prove that a considerably higher damage has been caused.
13 Copyrights and Utilization
(1) The user assures that he or she does not upload any pictures or other works to this contact portal without authorization according to the corresponding copyright arrangements.
(2) Users do not have any claim regarding the publication of their data or pictures.
14 Alterations of the General Terms and Conditions
(1) The operator reserves the right to alter these terms and conditions.
(2) The user declares that he or she agrees to the application of amended terms and conditions to contracts already closed, when the operator indicates any alteration of terms and conditions and the user did not disagree within a time period of two weeks starting with the day the alteration was issued.
(3) The notification of said alteration must include the possibility for disagreement, the time period for such a disagreement as well as the meaning and consequences of a failure to disagree. The notification can be carried out by email to the email address indicated by the user.
15 Final Clause
(1) Alterations of contracts, additions or additional agreements, as long as it is not stated otherwise in these terms and conditions, shall be in written form to become effective.
(2) Contractual relations between contract parties are subject to the jurisdictions of the Federal Rebulic of Germany with the exclusion of Uniform Law on the International Sale of Goods (CISG) and law of conflicts
(3) In case of ineffectiveness or partial invalidity of a clause of these terms and conditions the effectiveness of all other clauses remains intact. (severability clause). An ineffective or partially invalid clause will be substituted by a clause which comes closest to the original clause under commercial consideration.
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