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General Terms and Conditions for the Onlineservice of Partnerexchange24.com - as per December 18, 2006 Upon login and registration/subscription on Partnerexchange24.com you will automatically be registered as customer with Partnerexchange24.com. Consequently, you accept the here ex ante accessable General Terms and Conditions of the company as detailed below. Accordingly, the General Terms and Conditions are integral part of the contract between you as the customer and us as the service provider. The General Terms and Conditions remain effective even if they are not explicitly referred to in the context of a direct transaction. We exclusively accept our General Terms and Conditions for our offer and our service, irrespective of the customer's potential stay worldwide, i.e. we do not accept any other General terms and Conditions. Should you disagree with this, no contractual agreement will be entered into. Upon registration/subscription you accept our site policy and terms of use without qualification and unconditionally. The use of and registration/subscription in our system i.e. the system run by us is only admitted to persons of full age (age of legal majority: 18 years completed). In individual cases and for spot tests we reserve the right to verify the personal data of the user or person registered in our system. Consequently, minors are not authorized to use our or register (in form of a membership) in our system. § 1 Subject matter of the contract for the services of Partnerexchange24.com (1)Subject matter of the contract are service offers and special offers liable for costs and alternatively complimentary services. No hidden costs will incur for our service offers. With reference to all services liable for costs you will be indicated their fees. After the purchase of a service, the latter will not be renewed automatically but you as the customer - in case of demand - need to reorder the service or need to explicitly extend the temporal purchase of the service. You will be asked in advance via written form to do that. The service we offer includes the following areas: * The deployment of functions for the the input of your personal data, the description of your personality and interests and the portrayal of your ideal partner, alternatively of the favoured approach. * The deployment of functions and communication means for the detection of congenial partners and the direct approach of other customers via text, image, audio, respectively other audio-visual facilities. * Extended services such as newsletters, event references and further additional services for initiation and contact intermediation. * The use of so called offline-profiles for customers who are interested in contact data but do not have direct access to the internet or respectively an e-mail system. The use of this service in the form of a inscription is complimentary for women. * All services function as a medium to create the necessary prerequisites to make the desired contacts. At this, the activity to use the offered possibilities and functions in order to make a contact rests with the customer. * This type of service offer is generally limited to the disposal of the communication platform and in the individual case of the necessary data for an approach. Thus, we do not function as marriage broker, but we leave the customer the possibility to use our service according to his conception considering all legal aspects. (2) Upon the acquisition of contact data of „offline members" we guaranty the correctness and addressability of this information. This involves contact requests or alternatively offers of persons who have no direct access to the internet. Consequently, corresponding contact data are only conyeyed to persons known to us who then may get in contact with the person who made the request via post. You should only use this service if you meet the ideal requirements of the „offline member". It might be that there is no further contact request on behalf of the „offline member". We do not have any influence on that. Should you claim the contact data within a week after their postal return consignment, because they were undeliverable, please send us the return consignment including return postmark , your name, nickname and bank account. After verification, we will refund you the full amount. We guaranty the validity of the address in the form of its addressability. Of course, we do not have any influence on the interests and wishes of an „offline member", i.e. it is left to that persons discretion to react on or be responsive to your contact request and does not apply to our area of agreement and scope of responsibility. § 2 Partnerexchange24 in this case referred to as operator offers its services exclusively for private use and for no type of commercial application or commercial activities of the members of the system. The customer is interdicted to offer or operate commercial/industrial activities in the mail, chat, forum etc. areas. Any contravention contra this agreement will implicate the immediate exclusion from the system and the deletion of all user data. (1) Upon registration you as customer accept the General Terms and Conditions and moreover affirm your age of legal majority. After the registration has taken place a contract basis exists between Partnerexchange24 and the customer based on the regulations of these General Terms and Conditions. (2) After registration in the system and your acknowledgement via a verification mail for the purpose of an application approval this basic contractual relationship exists. An optional contractual relationship arises in the case that the customer wants to use specific functions in the form of a premium membership or however orders the contact of an "offline member" via purchase. In both cases the customer accepts this through the approval of the agreement via a click on the order button or alternatively through the payment of the aforementioned and indicated amount. (3) The customer is obligated to give veridical correct particulars when registering in the system. Should the customer give false particulars or, for example, upload false images of other persons, we consider this as fraud versus other customers and will in this case disable your account and delete all saved data. There will be no refund of the membership fee (in case it has already been paid), but the fee will be retained for the purpose of cost coverage as handling fee for the violation of the contractual agreement. (4) We immediately exercise the right to delete so called fakes from the system. These involve system registrations under false or falsified particulars in the form of name, address, or visual material etc. upon registration or during membership. Parallely, the mail address of the registered person/member will be recorded, in order to interdict a repeated registration in the system after the blocking. The blocking will also be exercised immediately, if we have notice of the breach of a rule or any illegal activities. (5) All costs incurred for service offers liable for costs and the payment type are being explained immediately upon purchase order. On the part of our service there are no hidden fees and there are no automatically renewed periods of validity. We do not assume any liability for false particulars or system errors which we cannot exclude in spite of best technology and ultimate availability. § 3 Scope of services and service offer (1) Partnerexchange24 provides the customer a protected membership area in which the customer can define his own profile via input of specific personal parameters and descriptions. The greater the number of inputs for self description are, the more concretely an automatic matching with congenial members will follow. Parallely, the customer is given the opportunity to contact other members directly. At this, it is important that the member himself decides who he wants to deliver further contact details. Extensive functions, extended offers for the approach as well as search functions are only available as service liable for costs for so called premium members. The fees are quoted in the current price list. (2) Partnerexchange24 provides the opportunity according to a percentage figure the completion of the own profile. Statistically, the match of data with other members increases, if the own profile has been completed up to 70% or 100%. That means, the system initiates a search function for matching criteria with every new registration, upon which you as the customer will be suggested congenial members ("matching" partners). (3) That means, the customer automatically receives suggestions for contacts, whereat the number of contacts changes continuously because of new participants/members. Principally, a paying member may directly get in contact with other members, insofar these wish this and agree to it. The disclosure of e-mail accounts, telephone numbers and addresses will only be realized by the member himself. (4) Partnerexchange24 is not in the position to guaranty matchings or manipulate them. Therefore, as it is left to the responsibility of the members themselves in which way a contact may be offered, an entitlement to contacts does not exist. (5) Partnerexchange24 offers to the members a great number of possibilities and functions which facilitate an approach. That means, ICQ, chat and an anonymous intranet and mail system facilitate an unproblematic approach. Nevertheless, as we have to check the individual systems via support and maintenance systems at regular intervals, we cannot guaranty their constant functionality or access to them. Furthermore, Partnerexchange24 offers the possibility to the paying members to deposit up to five own images as well as audiofiles and even videos for other or only designated members. (6) Before accessing services liable for costs the member will always be indicated the costs incurred and the scope of services as well as the payment terms in the context of the purchase order. When the order has been finalized, normally the requested service will be activated within two to three workdays. § 4 Indications to data protection (privacy), use of data, data transmission and circulation (1) The protection and safety of all member data is one of the focuses of Partnerexchange24. It is understood that Partnerexchange24 commits to respect the legal requirements as stipulated by the German federal data privacy act „Bundesdatenschutzgesetz" (BDSG) and the „Datenschutz bei Telediensten"(TDDSG) for the operation of their services. (2) Survey of necessary data In order to perform their services, the operator needs to survey, record, process and use the personal data entrusted to him with respect to the terms of the data privacy act. This will only take place if the customer - by confirming the General Terms and Conditions - agrees to survey, recording, processing and use of his personal data (by the operator or a company mandated by him) which are essential for the purchase or use of the services and for its performance. This agreement will be recorded in the form of the registration to use the services of Partnerexchange24. Personal data are such data which disclose particulars as to personal and factual circumstances of a specific member. In the course of the registration for Partnerexchange24, the following information is collected: gender, age, email address, city and zip code. Within each individual section, you are alerted as to which data is visible for other members. You may then decide to hide data you do not want shared with others. If a service with a fee is ordered, your first name and last name, exact address, and if necessary, bank information is collected during the purchase transaction. Furthermore, the customer answers various personal questions that serve as a basis for his/her own personal profile. The customer is aware that all data in his/her profile that he/she has made visible for other registered customers on the website, thus indicating his assent to give this information to others, will be forwarded to the email addresses of other customers in order to increase the opportunities for contact. (3) Partnerexchange24 is obligated not to disclose or sell personal data of the customer to third parties, unless the customer previously gave his explicit consent or there is a legal obligation for data transfer. If the customer allows the operator to collect, use or process further optional data for individual information and service, the operator will save the personal data of the customer beyond the respective current event and use the data for the special purpose authorized by the customer. This consent must also be recorded by the operator and must be confirmed by the customer beforehand. (4) Usage of provided image material. If members provide the respective image material for their profile, this will be released together with the nickname. In this case the member agrees to the publication of his image including the nickname within the internet. For example, the most popular members are displayed on the front page of the respective offer and new registrations are displayed to third parties or visitors. The images are also used for advertising means within the internet on content pages, banners or partner sites. However, this takes place only anonymously and without personal data. (5) Deletion and correction of data. The customer can revoke his consent regarding the recording of his personal data or order correction of the data recorded by the operator at all times. The customer is also authorized to revoke his consent for collection and recording of further optional data by the operator at all times. An email to service(at)Partnerexchange24 is sufficient for this purpose. However, please note that in the case of revocation of recording and processing of personal data the operator can no longer perform services for the respective customer. (6) Information concerning recorded data. The customer is authorized to view his recorded personal data at all times free of charge. This viewing takes place in writing. The application for viewing is to be sent in writing to Partnerexchange24 - P. O. B. 1264 in 65517 Bad Camberg - Germany along with an enclosed copy of valid identification (passport). (7) Furthermore, the customer is aware that data security during data transfer over the internet can not be guaranteed extensively according to the current level of technology. Therefore the customer is responsible for the security of the data he transfers into the internet. Due to security breaches in the internet a security of 100% on data and information can not be offered, furthermore you should not give anybody access to your personal data or exchange phone numbers and addresses unnecessarily. (8) Furthermore the operator is authorized, but not obliged to inspect texts, uploaded images, graphics, and audio and video files created by the customer for their conformity to law and these general terms and conditions and - if necessary - to modify or delete the respective content. Furthermore, by providing the material, the customer authorizes the operator to publicize the stated information in the system. This includes the option of displaying anonymised single images including the nickname on partner sites. When doing this, the operator will attach a watermark to the images to identify their origin. The customer agrees not to provide any fakes, but image material showing himself, to which he holds the copyrights and that is free of rights of third parties. § 5 Cancellation rights for registered members (1) The customer has the right to cancel the contract with immediate effect at all times. However, in this case the customer is obliged to pay open invoices for services to the operator. With the termination the customer waives usage of not yet fulfilled services with fees and does not have any rights for restitution of fees already paid to the operator. (2) The cancellation takes place online effectively by confirmation of the link "delete profile" within the personal settings in the customer menu. (3) The contract concerning services with fees according to item 2 is not prolonged automatically. The customer is informed prior to expiration of the respective duration of 1, 3, 6 or 12 months that the contract will expire shortly. If the customer does not sign up for a new contract prolongation, the account and all respective data will be irrevocably deleted from the system automatically without further confirmation, notice or warning at the end of the contract duration. (4) Partnerexchange24is authorized to partially or wholly terminate offered services at all times. (5) Customers that have paid but not yet used services in form of remaining duration at the time of termination of services by the operator receive a partial restitution of the open services, respectively the remaining credit. § 6 Liability of the operator (1) The operator is not liable for false information in the registration and/or questionnaire entered by the customers, nor for transfer delay or deficiency due to technical reasons. From this it follows that the operator is not liable for the correctness of the matching and the data to any extent. (2) Furthermore, the operator is not liable for possible misuse of information. It is possible that customers of Partnerexchange24 use data or information improperly or illegally in spite of prohibitions. The operator is exempt from any liability for such improper or illegal usage. The operator is also not liable if data and information that was provided for release to third parties is misused by these. Therefore we ask that you pay attention to whom you disclose which data. (3) The operator does not guarantee proper operation at all times, respectively the continuous usability or availability of the service. The operator is not liable for quality disturbances of the server access due to Acts of God or due to events on which the operator has no influence. Furthermore the operator is not liable for the unauthorized acquisition of personal data of customers by third parties (for example through unauthorized access through "hackers" or direct assaults of the database). (4) Partnerexchange24 is liable for damage that is not due to the above stated reasons only after proven intention and massive negligence of its agencies, employees and agents and only to the extent to which it has verifiably contributed to the origin of the damage in relation to other causes. (5) Liability for simple negligence is only optional upon a breach of essential contractual obligations (cardinal duties), whereas the liability is limited to the predictable and directly arising damage. § 7 Responsibility and obligations of the customer (1) The customer is responsible for the content of his registration and therefore for the information that he provides to others about himself. The customer confirms that the stated data is true and describes himself. Along with direct elimination from the system and the refusal of renewed registration, false information that was given intentionally or with the intent to deceive will have consequences according to civil law. In this case the compensation of the operator remains untouched for the remaining duration of the contract. (2) The customer further confirms that he does not have any business intentions and will not use the data of third parties entrusted to him for commercial or advertising purposes, nor forward this data to third parties. In the case of proven misuse we are entitled to claim damage compensation amounting to 2000€ for contract violation. (3) The customer is obliged to indemnify the operator of any claims, damages, losses or demands that might arise from his participation or activities within this service. The customer is especially obliged to indemnify the operator from any liability and all obligations, expenditures and claims that arise from damages due to defamation, offence, violation of personal rights, the termination of services for other customers, a violation of these general terms and conditions, due to the violation of intellectual property rights or other rights. (4) The customer is obliged to handle emails and other messages confidentially and to not disclose these to third parties without authorization of the author. This is likewise valid for names, phone and fax numbers, home and email addresses and/or URLs etc of other customers. (5) The customer agrees to inform the operator immediately if he is no longer interested in contact opportunities or no longer wishes to be available to other customers as a contact opportunity, or no longer has interest in the active usage of the service, due to the establishment of a partnership or other reasons. (6) The customer is asked to pick up his messages on a regular and appropriate basis and if necessary, to archive these on his personal computer or other archiving media. The operator is authorized to delete messages and information saved in the account of the customer after expiration of the contract without checkback. (7) Furthermore, every customer agrees not to misuse the service, especially: (7.1.1) not to forward defaming, offensive or in any other way illegal material or such information; (7.1.2) not to threaten or molest other people or to violate the rights (including personal rights) of third parties; (7.1.3) not to upload data containing viruses, software or other material that is copyrighted, except if the customer has the copyright or the necessary authorization of the owner; (7.1.4) not to use the service in a way that influences the availability of services for other customers negatively or limits them in their usage; (7.1.5) not to send emails to customers for any other reason than for communication and especially not to advertise or offer goods or services to other customers (except in cases that are explicitly authorized by the operator and a written confirmed agreement by the operator is existent herefor); (7.1.6) not to send chain letters; (7.1.7) not to send messages for business reasons or appeal to do so; (7.1.1) not to state names, addresses, phone and fax numbers, email addresses etc. in the personal description, if this data is not explicitly asked for. Please remember that you never know exactly who your contact really is. (8) Neglection of one of the contract obligations stated under item (7) can lead to immediate termination of the contract as well as consequences for the customer according to civil and penal law. The operator has the right to decline service of a customer immediately and without prior notification if the operator is of the opinion that the customer has the intention to distribute immoral, obscene or extreme right/left wing or offensive or religion violating content or images through registration or usage of the services. (9) Should the customer connect business interests with his registration or use the data entrusted to him by third parties for commercial purposes and in that course violate one or more obligations stated under item (7) he is obliged to pay a contract fee amounting to 2,000 EUR to the operator for every proven violation. Further claims for compensation remain untouched and are considered additionally depending on the type of violation. § 8 Communication Messages from Partnerexchange24 to customers are sent over the internal mail system or per email if there has been no communication by telephone. § 9 Usage and Copyrights In relation to the customer, the operator is the single owner of all rights of reproduction, distribution, processing and all as well as the rights of immaterial transfer and reproduction of the Partnerexchange24 - Service websites which can also be released under different names or addresses. This is also valid for the content. The usage of all programs and their content, material as well as brand and trade names is allowed only for the purposes stated in these general terms and conditions. § 10 Legal domicile and applicable law These terms and conditions are subject to the German law with exclusion of the conflict of laws. In the case of lawsuit the place of jurisdiction is - insofar as legally admissible - the location of the operator, momentarily Bad Camberg / Hessen/ Germany. § 11 Objections (1) The customer must state, claim and justify objections concerning the amount of written off or billed expenses at the latest within 6 weeks after debiting of the objected expenses, respectively after receipt of the objected invoice to Partnerexchange24 in written form. If the customer does not state any objections with reason within these 6 weeks the written off, respectively billed expenses count as authorized. (2) In the case of an entitled objection the legitimately effective amount will be returned to the customer. By choice the customer has the option of a prolongation of his premium membership for the duration for which the customer has legitimately effected objections. The customer also has the right to set a period of grace of five working days for Partnerexchange24to properly fulfil the obligations and claim a credit according to 11.2 sentence 1. If the reason for objection has not been eliminated after expiration of the period of grace the customer has the right to terminate the contract and can also claim a partial restitution of the paid fee. However, marginal impairments of the service do not authorize an objection or are not valid as non-compliance in this context. § 12 Right of rescission, Exclusion of the right of rescission (1) Every customer has the right to cancel the contract with Partnerexchange24within 14 days after commencement of contract (day of registration to the system and receipt of cancellation policy) through written declaration to Partnerexchange24per email or by using the online form, or by post to: Partnerexchange24 - P. O. B. 1264 in 65517 Bad Camberg. (2) If the customer ordered an Partnerexchange24-Service-Offline-Profile separately or as part of the premium membership this is exempt from the 14 day right of rescission and return. This is due to the fact that this is a service of information that was created especially for the customer. In this case the right of rescission or withdrawal concerning the offline profile is not granted according to § 312 d VI 1 BGB. (3) The right of rescission expires if the customer orders a service from the operator (for example: send contact request/answer). § 13 Prices (1) The service of registration for usage of our services is free of charge. (2) The following prices are valid for a premium membership for all other customers. Prior to ordering, customers are informed explicitly that no hidden costs arise through us of our service and no costs are automatically billed in addition to the prices stated here. Please note that the membership expires automatically. In case of need you should renew your membership in due time. This service is complete cost free for woman's if they have fillout a 100% profile and loading up min. 1 Photo(Icon photo at the memberprofile). (3) The following services with fees are offered by Partnerexchange24 dated 12/2006: - Premium membership* for the duration of one month after activation: 19 € - Premium membership* for the duration of three months after activation: 59 € - Premium membership* for the duration of six months after activation: 99 € - Premium membership* for the duration of twelve months after activation: 136 € This service offer includes further functions like videochat, forum use, automatic notification in the case of new and matching members, as well as the usage of an internal anonymous mail system etc. * There is "no" automatically subscription. After the duration time the system set you back to an free member. (4) - One-time purchase of contact data of an „Offline Profile*": 68€ * members that are not online and do not have access to the internet and email. A further service is the purchase of contact information from so-called „Offline Profiles". These are members who do not have online access and are available for contact only by post. For this service we guarantee the correctness of the provided data in form of the contact data and the information provided to us. If the contact in writing should be undeliverable by post within one week after purchase of the contact we replace the stated amount after entry of the post receipt stating the letter as being „undeliverable". § 14 Terms of payment (1) The payment is always executed per cash in advance. Without any deduction as is often the case with foreign country transfers. (2) Partnerexchange24 accepts payment by credit card through our service partner Worldpay, through PayPal or the transmittal of cash (€) directly to our post office box address with statement of your address and the already used nickname in the system. (3) The activation of the ordered membership is executed after entry of the payment; this usually takes 2-3 working days. § 15 Miscellaneous (1) The operator is authorized to assign third party servicers and agents with the fulfilment of sections or the entire service spectrum as long as this does not bring any disadvantages to the customer. This especially concerns the distribution of information for contact initiation respectively improvement of individual members. (2) Furthermore, the operator is authorized to modify the general terms and conditions and adjust these to the respectively valid law. The customer is informed of modifications of the general terms and conditions per email. Instead of attaching the entire text, a link to the internet address where the new or updated version is located is included. If there no objection to those modifications within 14 days of notification these are held as accepted and are valid for the customer from the date of expiration of the term. (3) Should a regulation of the contract or the general terms and conditions be or turn invalid or the contract be incomplete the rest of the contract remains unaffected. (4) The provision of the general terms and conditions of Partnerexchange24. The general terms and conditions are available to the customer for complete viewing on the respective page of Partnerexchange24. (5) Within the framework of the contract there is no automatic archiving of the contract text by the operator. Therefore the customer is to archive the contract available on the website of the operator which is valid at the time of completion on his hard disc or archive it in another way. (6) Responsible for the content of the service: Partnerexchange24, P. O. B. 1264 in 65517 Bad Camberg, represented by TMP Team, responsible by name Mr T. Moos.
 ImpressumAnschrift des Servicebetreibers.
Partnerexchange24 c/o TMP Team
Inhaber: Thomas Moos
Frankfurter Str. 13165520 Bad CambergTel.: ++49 6434 91236
FAX: ++49 721 151 464394USt-IdNr.: DE152727317
eMail:Bitte direkt über das Kontaktformular. For any question or information please use this post adress: Partnerexchange24POBox 126465517 Bad Camberg - GermanyInhaltliche Verantwortung gemäß § 10, Absatz 3 MDStV - Thomas Moos
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