Terms

§ 1 Validity

The terms of use govern the conditions of use for meet2cheat. They also retain their validity when the services offered are used outside of the United States. The member confirms that he or she has read and understood the terms of use. Divergent provisions, especially conditions proposed by the member, are only valid if a written agreement to this effect has been arrived at with the operating company.

§ 2 Contract

The contract between the operating company and the member regarding the use of meet2cheat commences with the member’s registration as long as this person has completed his or her 18th year of life. The operating company is authorized to review the personal data of the member with the help of appropriate official documents. The member agrees to forward these to the operating company upon request.

The subject matter of this contract are free as well as billable services. The member will be informed of potential charges before the usage of a billable service.

Explicitly not subject of this contract is the brokering of an affair or a continual and recurrent contractually binding activity which is aimed at the initiation or culmination of an affair.

Before entering into a contractual relationship, the member will be informed regarding the respective billable services and the conditions of payment. The contractual relationship originates with the confirmation of the order and the obligation to pay by the member per click. The operating company is not liable for incorrect prices that have been designated by mistake.

The operating company offers meet2cheat exclusively for private use. Commercial use, no matter in what form, is prohibited. The member obligates himself or herself to use the service solely for private purposes.

§ 3 Scope of services

The member receives matches from the operating company, each of which is presented in the member area. The matches are continually updated and incorporate new registrations and changes to existing profiles.

The operating company cannot guarantee that the databases contain the data of persons who, according to the calculations of the evaluation system based on the respective information stored in the profile, result in matches.

For the exchange of messages, the operating company provides each member with an internal chat system on the websites of meet2cheat which offers all the necessary functions for proper communication between members. For men, sending and reading messages is a billable service.

The member complies that it solely lies in the judgement of the operating company to commission a third party to perform a part of or the entire business activities of meet2cheat.

§ 4 Termination of membership

The member has the right to terminate the contract at any time effective immediately. In this case the member is obligated to pay the operating company any outstanding fees for services already rendered. By canceling the contract, the member relinquishes the right to use billable services not yet accessed and has no right to a refund of fees already paid to the operating company. The termination of the contract takes place online by deleting the profile in the member area.

The operating company can terminate the contract immediately at any time without paying heed to the cancelation period. Reasons for termination are, in particular, providing false information upon registration or during later changes, inappropriate behavior towards other members and the commercial use of meet2cheat. The operating company is not obligated to provide a reason. The blocking of an account does not alter the duty of payment for previously commissioned services. Fees already paid to the operating company will not be refunded but retained as a blanket charge for the processing of the breach of contract.

After terminating the contract, all information concerning the member is erased by the operating company insofar as this data is not required beyond the point in time of contract termination for the purpose of evidence regarding an unlawful act committed by the member.

The contract regarding billable services according to § 2 paragraph 4 renews automatically for a period equivalent to the chosen contract term provided that the contract is not terminated at least 4 weeks before the expiration of the contract period. The termination takes place in the member area per click. During the initial payment process, the member receives a confirmation regarding the contract term. At this time the member will also be informed regarding the length of the renewal of the contract should due notice not be given.

The operating company is authorized to limit or discontinue the offered services at any time. Members who still possess a paid and not yet exhausted entitlement to these services at the time of their discontinuance by the operating company receive a pro rata refund based on the non-used entitlements still pending.

§ 5 Liability of the operating company

The operating company is solely liable for the effort of attempting to establish a contact procurance, not the success of said procurance. The operating company merely provides the technical prerequisites which enable the initiation of communication in a general sense. The operating company is thus excluded from liability if no contacts are procured during the contract period.

The operating company does not guarantee the continual, orderly operation and the uninterrupted usage and availability of the service. The operating company is particularly not liable for the quality of the access to the service on the basis of force majeure or occurrences for which the operating company is not responsible.

The operating company is liable for damages to life, body or physical well-being which are associated with meet2cheat insofar as these damages are based on a negligent breach of duty by the operating company or its legal representatives or auxiliary persons respectively or on a deliberate act of the operating company or its legal representatives or auxiliary persons respectively. The liability is limited to typically foreseeable damages known upon the conclusion of the contract.

The operating company is liable for damages which are associated with meet2cheat that occur with other legally protected interests outside of life, body and physical well-being insofar as these damages are based on a grossly negligent breach of duty by the operating company or its legal representatives or auxiliary persons respectively or on a deliberate act of the operating company or its legal representatives or auxiliary persons respectively. The liability is limited to typically foreseeable damages known upon the conclusion of the contract.

The operating company cannot be made responsible for incorrect information contained in the member’s profiles as the information provided by the members, based on its pure amount, cannot always be investigated and verified in its entirety. The operating company is not liable for the potential misuse of information by other members or third parties. This is particularly valid if the member himself or herself has made the information accessible. Furthermore, the operating company is not liable for the unauthorized discovery of member’s personal information by third parties by means of, for example, unauthorized access to the databases by hackers insofar as the operating company or its legal representatives or auxiliary persons, in observance of the limitations in paragraphs 1 and 2 of this section, are not at actual fault. In this respect, the operating company is authorized, but not obligated, to inspect the content of any text as well as uploaded photos regarding compliance with the underlying guidelines of these terms of use and, if necessary, to delete them.

§ 6 Obligations of the member

The member is solely responsible for the content of the profile and thereby for the information provided therein. The member affirms that the information provided corresponds to the truth. The contract parties are in agreement that the ability to verify the accuracy of the provided information, if necessary, is considered to be a legitimate interest of the operating company.

The member obligates himself or herself to hold the operating company harmless from any type of legal action, damages, losses or claims which can be incurred by the registration and/or participation in meet2cheat insofar as these damages are not based on a deliberate act or negligence of the operating company or its legal representatives or auxiliary persons respectively. The member particularly obligates himself or herself to exempt the operating company from any type of liability and all obligations, expenditures and claims which result from damages due to slander, libel, violation of personal rights, breakdown of services for members as well as the violation of intellectual property or other rights.

The member obligates himself or herself to obey respective and applicable laws upon registration and during the use of meet2cheat and not to intentionally disburse the data of third parties, including their email addresses, as if it was his or her own.

The member obligates himself or herself to handle messages confidentially and not to make them accessible to third parties without the consent of the author. The same applies to names, email addresses, telephone and fax numbers, as well as addresses.

The member agrees to promptly inform the operating company if he or she, for whatever reasons, is no longer interested in receiving matches or if he or she is no longer interested in being available as a match for other members.

The member obligates himself or herself not to use meet2cheat improperly by attempting to distribute defaming, offensive or otherwise unlawful material or defaming, offensive or otherwise unlawful information, to threaten or harass other people, to infringe on the rights, including personal rights, of third parties, to store data that contains a virus, to store software or other material which is copyrighted unless the member is in possession of the corresponding rights or the requisite permission, to influence the availability of functions for other members in an adverse way, to attempt to intercept messages, to advertise for other contact agencies or to send chain letters.

The non-observance of one of the above-named obligations regarding conduct can result in both an immediate termination of the contract as well as civil and criminal consequences for the member. Particularly, costs for compensation for damages in observance of § 7 of these terms of use can be incurred. The operating company particularly reserves the right to exclude the member from meet2cheat if, according to the opinion of the operating company, immoral, obscene or politically radical content or photos are to be disseminated during registration or usage.

§ 7 Prohibition of commercial or business use

The member affirms that he or she is not pursuing any commercial and/or business aim in connection with his or her membership. He or she obligates himself or herself not to use meet2cheat for commercial or business purposes.

Commercial or business use which the member is particularly forbidden to engage in within the framework of meet2cheat are the offering of products or services of any kind in return for payment, the request to submit a corresponding offer or the referencing of an offer available elsewhere, the advertising of other contact agencies and commercial websites as well as the naming of added value service numbers and premium text messages for communication with the aim of subsequent realization of profits, the search for employees, the search for models for agencies or persons providing a service in return for payment, the collection of accessible profile data, the requesting of email addresses, telephone and fax numbers as well as the addresses of individual members with the intention of using them commercially for advertising or resale.

The member obligates himself or herself not to offer other members advertising for commercial propositions in any form and not to send any messages which serve a commercial purpose.

This applies especially to the placing or naming of corresponding links in messages that are sent via the internal chat system.

§ 8 Liquidated damages

The member that pursues commercial or business aims in terms of § 7 of the terms of use or uses meet2cheat in a commercial or business sense in terms of § 7 of the terms of use obligates himself or herself to pay the operating company liquidated damages in the amount of $10,000. In this case, the member is allowed to present evidence that the damages never occurred or that their value is significantly less than the named lump sum. It remains the obligation of the operating company to prove that damages of a higher value were incurred.

In the case of the deliberate or grossly negligent infringement upon the obligations in § 6 paragraphs 3 and 5 of these terms of use, the member obligates himself or herself, insofar as the offense does not already constitute liquidated damages according to paragraph 1 of this section, to pay liquidated damages in the amount of $1,000 to the operating company. In this case, the member is allowed to present evidence that the damages never occurred or that their value is significantly less than the named lump sum. It remains the obligation of the operating company to prove that damages of a higher value were incurred.

§ 9 Copyrights

The member affirms that no photos or other works will be submitted to meet2cheat without the member having been authorized according to appropriate copyright restrictions.

§ 10 Changes to the terms of use

The operating company reserves the right to revise the terms of use. The member declares himself or herself already in agreement with the application of the altered terms of use on contracts concluded before the revision if the operating company notifies the member that a revision to the terms of use has taken place and the member has not, within a grace period of two weeks beginning with the day on which the notification of change is effected, objected to the change.

The notification of change must contain information regarding the ability to object and the deadline for objection as well as the significance of and accordingly the consequences for failing to object. The notification of change can be effected via email sent to the member at his or her specified email address.

§ 11 Final provisions

Alteration of the contract, amendments and supplements to the agreement are required, insofar as nothing different is stipulated in these terms of use, to be in written form in order to take effect. The stipulation of written form also applies to the waiver of the stipulation of written form.

The contractual relationships between the contracting parties are subject to the laws of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws.

In the case of invalidity or partial invalidity of one of the provisions of these terms of use, the validity of the remaining provisions remains unaffected. An invalid or partially invalid provision is to be replaced by that provision which, under commercial considerations, comes as close to the original provision as possible.