General Terms and Conditions
The myFlirt-Flirt-Community ("service" described below) provides an opportunity for adults to meet each other online. The service is offered by the myFlirt GmbH.
1. Area of Validity
The following Terms and Conditions apply to all contractual relationships and precontractual negotiations with the customers of the Service,in particular concerning the Online products covered by the contract.
These Terms and Conditions apply exclusively: Adverse Terms and Conditions of the customers of this Service or third parties are only valid if the Service expressly approves their validity in writing.If the customer should not agree herewith, the Service needs to be informed in written form. In this case the Service reserves the right to withdraw its offers, without incurring any liabilities of any kind. We hereby disagree with the reference to terms and conditions of one's own.
3. Conclusion of Contract and Written Form
You must be at least eighteen (18) years of age to register as a member. By means of the registration, the customer states and affirms to be at least 18 years old. By signing up for the service, the customer immediately becomes member of the service ("member") and affirms his obligation to the Terms and Conditions of this Agreement ("Terms and Conditions").A conclusion of contract requires that the customer agrees with these terms of contract with a click after perusal. Changes and complements of the contract developed in such a way do only come into operation when they are confirmed in written form thereafter.
The membership of the Service exclusively concerns the personal usage of the customer.The customer must not allow the usage of his membership to other people and must not assign his account to any other natural or legal person or transfer the same in any other way.
4. Termination of the Contract
The customer may end the contract at any time without adherence of a time limit and out of any reason without giving explanations. The termination also needs to be confirmed by a click.
The Service reserves the right to discontinue or end the access to the Service on the spot in case that the Service is informed of an infringement of a regulation by the customer.
5. Breaches of a standard of conduct of the member
Customer are self-resonsible for all contents produced and published by them or via their user identification.
Customers commit themselves to indicate names and addresses for all businesslike offers if applicable as well as the name and address of the managing partner in terms of associations of individuals and groups.
Customers guarantee that the contents provided by them, as the case may be, do not violate applicable law. In particular, the depositing of material which is defaming, contextually wrong, offending, obscene, profane, religious, political, dishonorable, improper, sexually intended, sexist, frivolous, threatening, pestering or racist, is not permitted.
Corresponding links to offers of third parties ("links", "telephone numbers", "email-addresses") are prohibited as well. For the examination of validity of data, the customer is obliged to show his ID to the Service and send it to the Service respectively. If the customer should not meet this request, the Service is entitled to cancel the customer's membership. Likewise, gift-, money-,or donation requests are prohibited.
Customers have no legal claim to the publications of their contents.
Customer must not indicate any telephone numbers, street names, last names, URL's or email addresses in their profiles unless requested in the section "Personal information".
The customer must not make any disreputably anatomic nor sexual allusions or use disreputably ambiguous nor language containing sexual connotations and the customer must not publish any nude photos or any other photos containing personal information. The Service reserves the right - is however not obliged - to reject every profile or photo which does not satisfy these obligations.
By means of the Service, the customers must not advertise for the purchase or sale of any products or services to other members nor ask them for the same. The customer must not send any chain letters nor junk-email to other service members.
Customers must not publish, spread nor reproduce any copyrighted- or trademark-registered or other legally protected material without the prior consent of the owner of protective right of this type.
Customers is self-resonsible for his contacts to other service members. The Service reserves the right-is however not obliged - to control disputes between the customer and other members and/or to settle them by intermediation. The performance commitment of the customers is unaffected by all that.
The usage of programs or systems which serve the purpose of filtering of advertisement information is prohibited.
It is not allowed to indicate wrong profile data.
In case customers should infringe upon one or several regulations mentioned below, the Service is entitles to cancel the membership of that customer without previous notice. A refunding of value units or membership contributions does not take place.
In the event of misuse by a customer of the Service, whose misuse takes intentionally advantage of system resources, the customer may be taken to account for damages incurred.
6. Value Units
The Service enables the customer to acquire value units ("Credits") which are credited to the customer's Community account. With these Credits, the customer has the possibility to make use of the services of the Service or of their sales partners.
If Customers cancels their membership, their Credits expire. In case of a termination of membership by the provider due to a customer's offense against one of the regulations under point 5, the customer's Credits expire.
The customer dispenses the Service and all executives, directors, employees, representatives and/or third parties of all claims of third parties which claim these out of possibly existing hallmark-, design patent-, registered design-, patent-,copyright-and other immaterial laws of property or generally in consequence of statutory violations of the customer.
Any expenses of the Service or its executives, directors, employees, representatives and/or third parties incurred due to adequate home defense and prosecution towards the third parties concerning this matter, are to be borne by the customer.
The Service is exclusively liable for damages having occurred intentionally or recklessly on the part of the Service, its legal representatives or its performing -or vicarious agents owing to a positive breach of contract,faults during the conclusion of contract or unauthorized actions. Exempted from this limitation of liability are guaranteed properties as well as the violation of essential contractual duties.
Furthermore, the Service is only liable for predictable, contractually typical damages during the conclusion of contract as a result of performance failures and - delays to the extent that there is no deliberate or grossly negligent conduct involved.
The liability according to the product liability law will remain unaffected by it.
9. Action of Third Parties against the Service
As far as third parties make credible demands due to contents customers are responsible for, the Service -no matter if these claims are justified or not- is allowed to to block the corresponding data. The customer therefore agrees that the objectionable contents and objectionable references to contents of third parties where applicable, are blocked.
10. Notice of Data by third Parties
Customers have been informed that in the transmission path of the Internet there is the possibility for all members to gain knowledge of data situated in conveyance without authorization. The customers agree to accept this risk.
11. General about the Content of the Services offered
Opinions, advice, explanations, offer or other information or statements having been made accessible by the Service but not directly by the Service, are those of the corresponding authors, not of the Service. The customer should not rely on them. Their authors are accountable alone for their content.The Service assumes no liability for the correctness, completeness and/or reliability of opinions or advice given by other people. Under no circumstances is the Service liable for damages occurring out of a person's trustfulness on information or statements published or communicated in the Service.
It is possible that other service members or -users ( including unauthorized users or "hackers") might publish or post improper or obscene material in the Service and that the customer is involuntarily exposed to improper or obscene material. Furthermore, there is the remote possibility that others might get access to personal information by means of the usage of the Service by the customer and that the recipient uses this information to molest or damage the customer. The Service is not responsible for the usage of personal information having been customized by you in the service.
Such being the case, please carefully choose the kind of information you publish or make accessible to others.
The Service reserves the right - but is not obliged - to supervise the material published in the publicly accessible domains of the Service. The Service might decide at its own discretion if the material having been provided by the members continues to be offered or if is is to be removed from the server.
Nevertheless, the customer is considered responsible for the material which is made accessible in public domains of the service and in private email messages. Emails between the customers and other service members not accessible to the general public, are being treated as private by the Service.
13. Protective rights
The Service contains copyright- and trademark- and other right protective protected materials of the Service itself and by its licensers and licensees. Furthermore, other members can publish copyright-or other right protective protected contents that also afford protection if this is not explicitly expressed. Other than data in the public domain or data for which the customer has acquired corresponding rights, the customer must not copy and/or spread and/or send protected information in such a way or make them available to the public and/or use them otherwise than for personal usage.
Through publication of personal information, photos or statements in any public domain of the Service or Service of service members, the customer grants a non-exclusive, free right of use to copy this information and statements and/or make them available to the public and/or use them for other than personal uses as well as to process information, data and/or statements.
14. Information having been provided by the Member
The Service will treat all information provided by the customer, including credit card number(s) as confidential and will only use such data or make it available for purposes to which information could be obtained or if required by law. The Service does not contract out information without the customer's permission. The Customers allow the Service the storage and processing of their data by software systems.
To lodge a complaint concerning the Service, the customer shall contact our customer support.
16. Data Protection
The Customers make security copies of the contents transported by them to the Service. The server locations of the Service are carefully saved. In case of a notwithstanding occurring data loss, the customer is obliged to resupply the Service with the concerning database free of charge.
As a rule, Internet Services are available 24/7 on all weekdays. The Service makes every endeavor to provide a maximal availability of the server and thus of the contents and saved email messages, can however not guarantee this nor commit itself to certain availability rates. The Service shall not be liable for continuous availability of data.The service excludes the liability for malfunctions for technical reasons,caused data losses, interrupted data transmissions or other problems.
18. Other Terms and Conditions
If a clause is or becomes ineffective, the effectiveness of the remaining terms shall not be touched. In lieu of the invalid determination, a substitory provision corresponding the purpose of the agreement and at least approaching, becomes effective, that the parties would have agreed upon for the achievement of the same economic result if they had known the uncertainty of the terms. The same holds true for the incompleteness of the terms. There are no subsidiary agreements. Contract supplements are only effective if they are confirmed in written. Place of jurisdiction is- if permitted by law - Berlin. German law applies.