TERMS OF USE

The myFlirt community (hereinafter referred to as the “Service”) is an opportunity for adults to get to know each other online. The service is offered by myFlirt GmbH.

1. Scope

The following terms and conditions apply to all contractual relationships and pre-contractual negotiations with the customers of the service, in particular with regard to the contractual online products..

2. Subject of the contract

The online service offered by myFlirt gives its users access to a database for building partnerships and friendships. The data and information in the database were set by users for users. This service includes both free and paid services. In the case of paid services, there are costs for access to a defined period. Before using the chargeable services, users are informed of their chargeability and their amount.
Marriage mediation or initiation of marriage or any kind of services in connection with partnerships and relationships are not the subject of this contract.
Some of the users are also commercially active and in this context can contact non-commercial users. On myFlirt, users can view the profiles of other users and interact with them.

3. Exclusivity

These terms and conditions apply exclusively: Conflicting terms and conditions of the customers of the service or third parties are only valid if the service expressly agrees in writing to their validity. If the customer does not agree to this, he will inform the service department immediately in writing. In this case, the service reserves the right to withdraw its offers without any claims of any kind being raised against it. We hereby contradict the form-based reference to our own terms and conditions.

4. Conclusion of contract and written form

First of all, members of the service must be at least 18 years old. By registering, the customer declares and assures that he is at least 18 years old. By registering with the Service, the Customer then becomes a member of the Service (“Member”) and declares that he is bound by the terms and conditions of this Agreement (the “Terms and Conditions”). Conclusion of a contract requires that the customer agrees to these terms and conditions with one click after reading them. Changes and additions to the contract that has come about in this way only become effective if they have been confirmed in writing.

Membership in the service is for the exclusive, personal use of the customer. The customer may not allow other persons to use his membership, and he may not assign his account to any other natural or legal person or transfer it in any other way.

5. Termination of the contract

The customer can terminate the contract at any time without observing a deadline and for any reason and without explanation. To do this, the customer must contact our support team, who will end the membership. If the customer still has credit in the form of credits or an existing VIP membership, no refund will be made.

The service reserves the right to circumvent or terminate access to the service if the service becomes aware of a breach of a provision in this agreement by the customer.

6.Member’s duties of conduct

The customer is responsible for all content produced and published by him or via his access code.

The customer undertakes to provide the name and address of any business-related offers and, in the case of associations of persons and groups, also the name and address of the authorized representative.

The customer guarantees that the content he may have provided does not violate applicable law. In particular, the posting of defamatory, false, insulting, obscene, blasphemous, religious, political, defamatory, offensive, sexually oriented, sexist, frivolous, threatening, harassing or racist material is not permitted.

Corresponding references to offers from third parties (“links”, “telephone numbers”, “e-mail addresses”) are also prohibited. In order to check the correctness of the data, the customer is obliged to show his identity card or have it sent to the service department when requested to do so. If the customer does not comply with this request, the service is entitled to terminate the customer’s membership. Also, requests for gifts, money or donations are not permitted.

The customer has no legal right to publish his content.

The customer will not include phone numbers, street names, last names, URLs or email addresses in his portrait, except when asked for in the “Personal Information” section.

The customer will not make any offensive anatomical or sexual allusions in his portrait or use offensive ambiguous language or language with any other sexual connotation, and the customer will not publish any nude or other photos that contain personal information. The service reserves the right, but is not obliged, to reject any portrait or photo that does not meet these obligations.

The customer will not solicit or ask other members to buy or sell any products or services through the service. The customer will not send chain letters or junk email to other service members.

The customer will not publish, distribute or reproduce in any way any material that is registered under copyright or trademark law or is otherwise legally protected without the prior consent of the owner of such property rights.

The customer is solely responsible for his contacts with other service members. The service reserves the right but is not obliged to monitor disputes between the customer and other members and / or to resolve them through mediation. The performance obligation of the customer does not affect any of this.

The customer is not permitted to use programs or systems that serve to filter advertising information.

It is not permitted to provide false profile information.

If the customer violates one or more of the above regulations, the service is entitled to terminate the customer’s membership without notice. There will be no reimbursement of value units or membership fees.

In the event of improper use by a customer of the service, whose misuse intentionally uses system resources, the customer can be called upon to compensate for the damage incurred.

7. Fees, terms of payment and conditions

Upon registration, a free contractual relationship is initially created between the operator and user. The use of certain services on the website is chargeable. The exact content, fees and conditions of the chargeable services are displayed to the user before the respective service is used. The user menu under “Become a VIP” provides an overview of this. By clicking the buy button, the user accepts the resulting payment obligation.

The operator reserves the right to use different price models for different user groups.

Payment is due immediately upon provision of the service. The user can make the payment using the payment methods displayed on the website. It is at the discretion of the operator which payment methods are offered to the user.

The service also enables the customer to purchase units of value (“credits”) that are credited to the customer’s community account. With these credits, the customer has the opportunity to use the services of the service or its contractual partners.

If the customer terminates his membership, his credits expire. If the provider becomes a member due to the customer’s violation of one of the regulations mentioned under point 5, the customer’s credits expire.

8. Exemption

The customer releases the service and all executives, directors, employees, representatives and / or third parties from all third-party claims arising from any existing trademark, design, utility model, patent, copyright and other intellectual property rights or in general Legal violations of the customer.

The costs incurred by the service or its executives, directors, employees, representatives and / or third parties for appropriate legal defense and prosecution against the third party shall be borne by the customer.

9. Liability

The service is only liable for damage caused by the service, its legal representatives or its vicarious agents intentionally or through gross negligence as a result of a positive breach of contract, culpability when concluding the contract or tort. Warranted properties and the breach of essential contractual obligations are excluded from this limitation of liability.

The service is also only liable for foreseeable, contract-typical damage as a result of service failures and delays, unless there is willful or grossly negligent trade.
Liability under the Product Liability Act remains unaffected.

10. Third party action against the service

If third parties make credible claims for content for which the customer is responsible, the service is permitted – whether these claims are justified or not – to block the relevant data. The customer therefore agrees that the content complained of and any references to content from third parties that are objected to will be blocked.

11. Knowledge of data by third parties

The customer is aware that there is the possibility for all participants in the transmission path of the Internet to gain knowledge of the data being transmitted without authorization. The customer accepts this risk.

12. General information on the content of the services offered

Opinions, advice, statements, offers or other information or statements made available through the service but not directly from the service are those of their respective authors, not those of the service. The customer shouldn’t rely on them. Their authors are solely responsible for their content. The service does not guarantee the correctness, completeness and / or usefulness of the information. The service is not responsible for the accuracy or reliability of any views or advice expressed by any other person. Under no circumstances will the Service be liable for any damage resulting from any person’s reliance on any information or statements published or transmitted on the Service.

It is possible that other Service members or users (including unauthorized users or “hackers”) post or post offensive or obscene material on the Service and that the customer may be involuntarily exposed to such offensive or obscene material. There is also the remote possibility that the customer’s use of the service could provide others with personal information about the customer, and that the recipient could use this information to harass or harm the customer. The service is not responsible for the use made of the personal information you have made available in the service.

Therefore, please carefully select the type of information that you publish in the service or make available to others

13. Monitoring

The Service reserves the right, but is under no obligation, to monitor material posted in the publicly accessible areas of the Service. The service can decide at its own discretion whether the material available from the members remains available or is taken down from the server.

14. Property Rights

The service contains materials protected by copyright, trademarks and other property rights from the service itself and from its licensors and licensees. In addition, other members can publish content protected by copyright or other proprietary rights, which is protected even if this is not expressly emphasized. With the exception of data in the public domain or for which the customer has acquired the corresponding rights, the customer will not reproduce and / or distribute and / or send and / or make available to the public and / or otherwise use it for anything other than personal use.

With the publication of personal information, photos or statements in any public area of the service or service of the service members, the customer grants the service and other service members a non-exclusive, free right to use this information and statements to reproduce and / or distribute and / or to send and / or to make available to the public and / or to use it in any other way for personal use, as well as to process this information, data and / or statements.

15. Information provided by the member

The service will treat all information provided by the customer, including the credit card number (s), confidentially and will only use or make such data available for the purposes for which the information was obtained or if required by law. The service does not disclose information to third parties without the customer’s approval. The customer allows the service to store and process his data through IT systems.

16.Complaints

To resolve a complaint about the service, the customer should contact our customer support .

17. Data security and data protection

The customer creates backup copies of the content submitted to the service. The service’s server spaces are carefully secured. In the event of a loss of data, the customer is obliged to make the data in question available to the service again free of charge.
The data protection regulations of the operator also apply. You can access these on the homepage under privacy policy.
privacy policy .

18. Availability

As a rule, the Internet services are available 24 hours a day, 7 days a week. The service tries to ensure the greatest possible availability of the server and thus of the content and stored e-mail messages, but cannot guarantee this or commit itself to certain proportions of availability. The service does not guarantee the uninterrupted availability of data. The service excludes liability for data loss, interrupted data transfers or other problems caused by technical failures.

19. Other terms

Should a clause be or become ineffective, this does not affect the effectiveness of the remaining provisions. Rather, instead of the ineffective provision, a replacement provision which corresponds to the purpose of the agreement and which at least comes close, which the parties would have agreed to achieve the same economic result if they had known the ineffectiveness of the provision. The same applies to the incompleteness of the provisions. Additional agreements have not been made. Contract supplements are only effective if they are confirmed in writing. As far as legally permissible, the place of jurisdiction is Düsseldorf. German law applies.