The following Terms and Conditions shall define the conditions under which the use of My Dates-services will be rendered, provided by EMK GmbH (hereafter referred to as "provider").
The following General Terms and Conditions shall apply explicitly for all customers, regardless whether the use of services is free of charge or paid, and/or if used in Germany or outside of Germany. These General Terms and Conditions shall become a contractual component. The customer is advised to agree to the General terms and conditions within the framework of the registration process.
Our service gives users the opportunity to communicate and flirt and eventually meet in person, in addition to numerous additional functionality involving real as well as moderated profiles. Moderated profiles are exclusively intended to facilitate virtual fantasies, and no real encounters are possible. Moderated profiles are conducted by moderators and are intended solely for entertainment as well as quality assurance and service tests.
Contract objective is the provision of free and paid digital contents. These contents primarily consist of user-generated contents, such as e.g. member profiles, photos and messages. These may be viewed and utilized by members. Receiving contact suggestions, creating your profile or registration may be free of charge. The member profiles will be matched with other member profiles and suggested as contact recommendations. An entitlement to contact suggestions does not exist.
My Dates employs profiles moderated by us for marketing purposes, to improve service quality, present news features, stimulate interactive communication, and for the entertainment of users. Moderated profiles are not separately identified on the portal and information, written posts and photos on moderated profiles do not refer to actual persons and no real meetings with these profiles are possible. Users can contact moderated profiles at any time, either by writing to them themselves or by receiving messages from them, and communicate with the profiles via the portal. My Dates also employs moderated profiles in order to e.g. randomly verify compliance with usage rules as well as review the general conduct of members amongst themselves in order to ensure the quality expected by the user on the portal. Messages from moderated profiles are identified.
3.1. You must register in order to access the digital content. Registration is free of charge. By registering, the customer enters into a non-fee based contractual relationship with the provider which is governed by these General Terms and Conditions.
3.2. The provider offers additional, fee-based services which provide access to enhanced digital content. By concluding a paid membership, the customer enters into an additional contractual relationship with the provider which is also based on General Terms and Conditions and which the customer terminates by clicking on the "Buy" button. Prior to using services which are subject to a fee, the provider will always advise the customer that the respective services are subject to a fee and specify which fees are incurred in connection with them. The paid membership agreement is automatically extended by the duration agreed upon at the time the order is placed. By concluding a paid membership and providing payment information, the customer grants the provider the right to process payment.
3.3. For paid memberships, credit or debit withdrawals depend on the chosen billing period and the terms of the subscription. The respective withdrawal date within a month depends on which day the contract is concluded. The user's credit card statement or account statement will indicate the EMK GmbH.
3.4. In the direct debit process, the customer grants the provider the revocable authorization to collect all receivables due during the contractual term by automatic debit of the user's bank account. In the event that the user revokes his/her debit authorization, he/she shall compensate the provider for additional costs.
3.5. Other expenses for which the user is liable, in particular processing costs, e.g. chargebacks or other costs incurred due to a lack of funds on the user's account, shall be reimbursed by the user.
3.6. The agreed upon payments must be paid in advance and are due immediately. Unless otherwise agreed upon in writing, or statutory regulations, the payments cannot be reimbursed. In the event payment in installments have been agreed upon, the full unpaid amount shall become due if the customer defaults on more than two payments due to fault of his own.
3.7. The provider reserves the right to contract a collection company with collecting the amounts due in the event the customer fails to pay or is in arrears. In addition, the provider reserves the right to charge default interest based on the statutory limits.
3.8. The provider is entitled to discontinue the services offered in part or entirely at any time.
4.1. The customer may cancel the free contractual agreement at any time.
4.2. Paid subscriptions can be terminated at any time before the access period expires according to the following guidelines. For subscription periods of less than three months, the notice period is one week. If the subscription period is longer than three months, the notice period is one month. The normal notice period for paid 14-day memberships ends 7 days before the subscription ends, and for 3-day memberships it ends after one day. If a different period is mentioned with the purchase of paid membership, that one is to be observed.
4.3. The contract can be terminated by regular mail (EMK GmbH,Landshuter Allee 8-10, 80637 München, Deutschland) or via email (email@example.com). To aid clear assignment and to protect against misuse, the customer must always specify at least his/her full name, the country whose My Dates service he/she is using, his/her e-mail address registered with My Dates and his/her Service ID in a legible manner (BLOCK CAPITALS) as an absolute necessity when writing the notice of termination. The free contractual relationship remains unaffected by termination of the fee-based contractual relationship.
4.4. Following termination of premium paid membership, the customer's status automatically reverts to free membership with the associated restricted scope of use.
4.5. The right to extraordinary termination shall remain unaffected and is governed by statutory regulations
5.1. The provider shall unwaiveringly observe the legal data protection regulations when operating its service.
6.1. The customer confirms that based on his state laws he is over the age of 18 and legally of age, as well as authorized to conduct business in order to legally enter this agreement in its entirety.
6.2. The customer agrees to use the services offered for personal use only, more specifically, refrain from use for purposes other than personal communication. Any form of commercial use of the service platform is explicitly prohibited.
6.3. The customer confirms that the data he provided during the registration process, and/or at the date of purchase of a paid membership are complete and true. He is solely responsible for the personal information provided.
6.4. The subscription purchased by the customer may not be shared with other individuals and is non-transferrable. The customer further agrees not to grant intentional or negligent access to the services to minors. The customer is liable for keeping his access data confidential from minor family members, friends, acquaintances or other third parties.
6.5. Particular, the customer may not intentionally provide third party data (including e-mail address) as his own and he must refrain form granting intentional or negligent access to the digital contents to minors.
6.6. The customer must comply with all applicable laws when registering and using the digital services and agrees to refrain from using pictures, texts, software or other information protected by copyright within the framework of the offers and services provided without being in receipt of the necessary rights or authorizations.
6.7. The customer must notify the provider of all changes to his personal data required to provide the contractual services on timely basis: this particularly includes change of the expiration date on the credit card or banking information, used for payment of the services.
6.8. The customer agrees to comply with the conditions of use for the protection of the provider's other customers. He is prohibited from misappropriating the use of services. This includes especially but not exclusively that the customer shall refrain from:
distributing racist, pornographic, violence glorifying or downplaying, as well as immoral contents; no illegal or defaming material, violating human dignity and/or other privacy rights of other customers; not using third party as his own, contacting other members with fraudulent intent; threatening or coercing other members; sending mass messages; uploading data containing a virus (infected software).
6.9. The provider is entitled to review the information distributed by the customer if a violation of obligations is suspected. The provider may terminate the contract with the customer without notice if essential and important contractual obligations have been violated, and he may claim reimbursement of damages within the statutory regulations and/or file civil or criminal charges against the customer.
6.10. The customer indemnifies the provider against all liability and against all obligations, expenses and claims which arise against the provider due to illegal or contractually prohibited actions by the customer. This includes, in particular, cases involving defamatory statements, libel, the infringement of personal rights, infringement of intellectual property or other rights of third parties and if the customer unduly causes other customers to experience a loss of services. The customer is also personally liable to ensure that login data provided to the customer cannot be accessed by minors.
7.1. The provider is not liable for ensuring successful contact provision within the contract period, including in the event no contacts are made. The provider must make an effort for enabling contact and render his services accordingly, however, he is not responsible for the success of contact provision.
7.2. The provider is not liable for the accuracy of the data provided by the members and/or data exchanged by the members. He is not liable for the brokerage results and matching the membership profiles.
7.3. The provider is not liable for illegal acts by third parties unless such acts were made possible by the provider itself as a result of wilful or grossly negligent action. In particular (but not limited to), the provider is not liable for violations by other customers of the specified usage obligations such as unauthorized access by third parties of personal customer data resulting from unauthorized access to the service by "hacker attacks".
7.4. Under the contract, the provider is solely liable for (1) damages incurred by the customer which are caused in deliberate or grossly negligent manner by the provider or its legal representatives or vicarious agents; (2) damages to life, limb or health arising from the breach of an obligation committed by the provider, its legal representatives or vicarious agents, or (3) the breach of an obligation whose fulfillment permitted the proper execution of the contract in the first place and on whose compliance the customer regularly relies and may rely. In the event of (1) and (2), the provider shall be subject to unlimited liability. In other respects, the claim for damages shall be limited to the foreseeable, contract-typical damage. In instances other than those mentioned in this article, the provider's liability is excluded irrespective of the legal basis.
7.5. The limitations of liability apply accordingly for all bodies, employees and vicarious agents of the provider.
7.6. The provider assumes no warranty and/or liability for the continuous, uninterrupted access to the services, in particular with regard to malfunctions, failures and interruptions due to force majeure or events for which the provider is not responsible. Insignificant limitations to the services shall not be grounds for complaint.
Online dispute resolution pursuant to Article 14(1) of the ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/.
Please note that we will not, and are not obliged, to participate in dispute resolution proceedings before a consumer arbitration board.
9.1. These General Terms and Conditions and the entire legal relationship between the customer and EMK GmbH are governed by the law of: Italia.
9.2. Verbal or written supplementary agreements doe not exist.
9.3. If certain clauses in these General Terms and Conditions should be ineffective or incomplete, the validity of the remaining clauses shall not be affected thereof. If the provisions did not become part of the contract or if they are invalid, the contents of the contract shall be subject to the legal provisions.
You have the right to cancel this contract within 14 days of signing without having to state any reasons why. The right to cancel period is 14 days that counts from the day that the contract is signed. To make use of your right to cancel you need to provide us with your EMK GmbH, Landshuter Allee 8-10, 80637 München, Deutschland, firstname.lastname@example.org by making an express declaration (e.g. in a letter sent through the post or via email) regarding your decision to cancel this contract. As regards to adhering to the cancellation period, it is sufficient if you send your notification regarding you exercizing your right to cancel before the cancellation period has expired.
If you cancel this contract we are obligated to refund all payments that we have received from you including the costs of delivering this service (with the exception of additional costs that arise due to you opting for a different type of delivery than the standard, convenient one offered by us) immediately and within 14 days from that day, when the notification of your wish to cancel this contract was received by us, at the latest. For this refund we will use the same payment method that you used for the original transaction, unless, something else has been expressly agreed with you; under no circumstances will any fees be charged to you as a result of this refund.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of contract.