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Terms of use

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General Terms and Conditions

 

For the internet portal

 

 

www.g33kdating.com

Geek HQ UG (haftungsbeschränkt), 

Pappelallee 78/79

10437 Berlin

030-22362411

entered in the commercial register at the local court of Charlottenburg under: HRB 171004,

represented by Matthias Fellinger

 VAT ID Number.: DE302504043

 

 

 

1. Scope and Definitions

1.1

Geek HQ UG (haftungsbeschränkt) (here forth referred to as "Provider") operates the internet portal www.g33kdating.com and provides the users of this portal all services on the basis of the General Terms and Conditions. The business relationship between the Provider and the User is subject exclusively to the following General Terms and Conditions according to the valid version at the time the order is placed. Any conditions of the User which conflict with or deviate from these General Terms and Conditions shall not be accepted unless the Provider expressly approves them in writing.

 

1.2

The User is a consumer, as long as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional capacity. In contrast, a commercial user is any natural or legal person or partnership with legal capacity which is operating in a commercial or self-employed professional capacity when entering into the contract.

 

2.. Access and Usage Rights

2.1

In principle, all Users have access and usage rights.

 

2.3

The Provider enters into contracts for paid content and the provision of internet access only to persons over 18 years of age.

 

2.4

Additionally, the web pages are not directed at persons in countries which prohibit the storage of or access to the content therein. Each User is responsible for informing themselves about and complying with possible restrictions on access to these web pages

 

2.5

Cost

Some functions are subject to a charge. Only the price named in the order confirmation is binding for the two parties.

The current prices can be seen at www.g33kdating.com at any time.

2.6

It is strictly forbidden for the users to post personal data or related contact info  from himself or others on the website or his profile. The only exceptions are for information specifically requested or permitted by the Provider. This is especially true for:

·          Name

·          Addresses

·          Mobile or telephone numbers

·          User names from social media profiles

·          Links to websites or social media profiles

The Provider is authorized to delete any such entries.

 

 

 

3. Registration of User Accounts

3.1

For certain services on the Provider's site, the User must register themselves, or can create a user account. The User confirms that the personal information—particularly the first and last names, mailing address, date of birth, and email address—provided while registering or creating a user account on the Provider's site are true and correct, and that any changes to the information will be promptly reported to the Provider.

 

3.2

If the User subscribes to a newsletter during registration, the Provider is authorized to send emails with news and interesting offers to the email account provided by the User, as long as these offers demonstrate a relationship to the requested newsletter. The User can cancel the newsletter subscription at any time.

 

3.3

Conclusion of Contract for Paid Content

After entering your data and by clicking the order button, you make a legally binding request to conclude a contract. The Provider will then send the User an automatic receipt via email, in which the customer's order will be listed, and which the customer can print out. This automatic receipt confirms acceptance of the order. The text of the contract will be saved in a way which preserves data security. The contract shall be concluded in English.

Payment for paid content will be made with virtual currency, a.k.a. "Credits". Usage rights hereof will be granted, but not ownership. As far as the term "Sell" is used when referring to the acquisition of virtual currency or the exchange of virtual currency for premium features, this granting of usage rights is intended. The terms "Buyer", "Seller," "Sell," "Purchase" and similar terms have correspondent meanings. The scope and duration of the granted usage rights depend on the particular virtual currency or premium feature. These usage rights end, at the latest, along with the contract based on these terms.

 

Notice:

A virtual currency does not represent real money. Nor is it a method of payment or E-Money in the context of banking law, in particular the German Payment Services Oversight Act (Zahlungsdiensteaufsichtsgesetz - ZAG). There is no entitlement to exchange for real currency. Once virtual currency is purchased, the User cannot, in accordance with the terms set forth in these Terms of Service, exchange it again for money.

 

 

4. User-submitted content

4.1

The user, when submitting his own content (such as videos, photos, photo series, texts, etc.) to the Provider, declares himself through this submission to be in agreement that the submitted content may be copied, distributed, and publicly reproduced without compensation.  The User furthermore declares that he holds all copy- as well as other rights to the submitted content, and that all persons depicted in any graphical content (e.g., videos, photos, or photo series) who are not passers-by or part of a depicted group, parade, or similar event agree to the content's publication For persons under 18 years of age, the agreement of the legal guardian is required. Submissions sent by post cannot be returned to the sender.

4.2

The User shall not submit content to the Provider which is illegal, grossly offensive, pornographic or sexual, harmful to juveniles, extremist, glorifies or trivializes violence, glorifies war, promotes a terrorist or extremist political organization, promotes criminal acts, contains defamatory statements, or is otherwise criminal in nature.

4.3

The Provider retains the right not to publish submitted content. The User has no legal claim to the publication of the submitted content.

4.4

The User indemnifies the Provider from all claims by third parties which occur as a result of the User's breach of obligation as laid out in these Terms and Conditions, or because the User - in violation of this agreement - does not own all rights to the submitted content or the persons depicted do not agree to its publication.

 

5. Obligations,duties, and rights of the User

5.1

The User agrees not to violate any current regulations or contractual provisions while using the Provider's services. He especially agrees that any content he distributes shall not infringe on the rights of any third parties (e.g., copyright, patent, or trademark rights), that he will respect the current penal and youth protection laws, and he shall not distribute any content which is racist, denies the holocaust, is grossly offensive, pornographic or sexual, harmful to juveniles, extremist, glorifies or trivializes violence, glorifies war, promotes a terrorist or extremist political organization, promotes criminal acts, contains defamatory statements, is insulting, unsuitable for minors, or otherwise criminal in nature. In order to ensure data protection, the user furthermore agrees to consider the recognized principles of data security and adhere to the requirements of the data protection regulations, to scan any outgoing emails or queries for viruses with the utmost care, to comply with legal, official, and technical regulations, to keep his user name and password confidential, not to tolerate or enable its disclosure, to take the required measures to guarantee confidentiality, and in case of misuse or loss of this data or suspicion thereof, to report this immediately to the Provider. Information indicating a misuse of the provider's content or payment system must also be immediately reported to the provider.

5.2

The User indemnifies the Provider against any claims from third parties who make such claims against the Provider as a result of infringement against their rights on the part of the User. This includes the costs of reasonable legal fees and defense. In case of reasonable suspicion of misuse of the Provider's services on the part of the user, the Provider retains the right to block the User's access to their content and user account, as well as to notify the legislative authorities.

5.3

The User can only offset the Provider's claims with claims which are undisputed or legally established. The User has rights of retention only for claims concerning this individual, concrete business relationship, of which these General Terms And Conditions are part.

 

6. Liability

 

6.1

Liability on the part of the Provider and its representatives or agents for compensation, especially for delay, non- or inadequate fulfillment, or unlawful acts exists only in the case of violation of fundamental contractual obligations, the fulfillment of which the User might particularly have expected. The exclusion of liability shall not apply in cases of willful intent or gross negligence. Additionally, the Provider is excluded from liability unless mandatory legal provisions exists.

6.2

The Provider is liable only for foreseeable damages. The liability for indirect damages, especially consequential damages arising from defects, unforeseeable damages, or atypical damages, as well as for loss of profits is excluded. The same is true for the results of labor disputes, coincidental damages, or acts of God.

6.4

The Provider shall make his own information and data as well as the information of other providers available via hyperlinks on the internet and mobile devices. This information and data is for informational purposes only, and does not guarantee the user that the information and data included in this website are accurate, valid or complete. The Provider does not warrant or assume any guarantee or legal liability, especially for direct or indirect damage caused by the usage of the provided information or data that is available on this website. The Provider especially does not assume responsibility for content and functionality, correctness or lawfulness of third party websites which are linked to from this website.

 

6.5

The Provider assumes no liability for technical or other malfunctions.

6.6

The Provider assumes no responsibility for any damages or losses, especially those which occur during shipment of a prize delivered in the context of a competition.

6.7

The previous limits of liability are valid for all contractual and non-contractual claims.

 

7. Right of Withdrawal

 

7.1

As consumer in the sense of § 13 of the Civil Code (BGB), you can withdraw from contractual agreements with the Provider within two weeks after conclusion of the contract using the written form (e.g., letter, fax, or email), without giving reason for the withdrawal.

 

Beginning of withdrawal period: The withdrawal period begins, at the earliest, with the receipt of these instructions, but not before the conclusion of the contract and not before the fulfillment of our obligation to inform according to§ 312 c Sentence 2 of the Civil Code (BGB) in connection with § 1 Sentences 1,2, and 4 of the BGB Information Regulations. Timely dispatch of the withdrawal shall suffice to meet the cancellation deadline.

 

The withdrawal shall be sent to:

Geek HQ UG (haftungsbeschränkt), 

Pappelallee 78/79

10437 Berlin

info@g33kdating.com

030-22362411

 

 

7.2

Consequences of Withdrawal:

 

In case of a valid withdrawal, the mutually received benefits are to be returned and any derived profits (e.g., interest) are to be returned. If part or all of the received benefits cannot be returned, or can be returned only in deteriorated condition, you must offer us compensation of equal value. Obligations for the compensation of payments must be fulfilled within 30 days after dispatch of the withdrawal notice. Special notice: Your right of withdrawal expires early if the contract is fulfilled by both parties at your express request before you make use of your right of withdrawal.

 

8. Cancellation / Termination of Services

8.1

The User as well as the Provider are authorized to cancel a user account at any time, with immediate effect, without stating the reasons. The cancellation must be sent to:

 

Geek HQ UG (haftungsbeschränkt), 

Pappelallee 78/79

10437 Berlin

info@g33kdating.com

030-22362411

 

 

8.2

In the event that your account is deleted, you shall only regain access to the services after receiving written consent from the Provider. The Provider is not liable for the loss of your data.

 

9. Usage/ Usage Rights

9.1

To allow the Provider to make the information entered by the Users available, and so that this will be read as much as possible, it requires the following usage rights to be granted:

By entering information on one of our internet portals, the User grants the Provider the

free-of-charge, limited to the lifespan of the entry, unrestricted with regard to location, irrevocable and non-exclusive right, including the right to grant sub-licenses to third parties, to use, reproduce, modify, adapt, publish, translate, edit, distribute, perform, and/or display this information world-wide (in whole or in part) including its content (e.g., pictures ), and/or to transfer the relevant information before the end of its lifespan to other works (portals), media, or technology, regardless of whether they are currently known or still to be developed, in any form.

This authorization includes especially the following:

 

-To adapt and publish the information on the internet portals to those of the Provider, as well as to display or publish it on third-party internet portals.

 

-To distribute the information on the Provider's mobile portals, as well as those of third-parties, via WAP, MMS, SMS, I-MODE and other comparable display formats which are used in mobile networks, and to make it available for mobile devices, whereby the content is modified for display and processing by various devices.

 

-To publish the information outside of the world wide web, especially with cooperation partners in the context of in-store TV solutions.

9.2

All rights to the technologies, software products, and content provided by the provider (e.g., data banks, directories, maps) remain exclusively with the Provider during the relationship with the User.

 

10. No commercial usage of the services

Users may not copy, reproduce, replicate, sell, resell, or use of any type of commercial purpose whatsoever the Provider's services or parts thereof, their usage, or access to the services unless permission has been explicitly granted by the Provider in written form.

 

11. Data protection

 

11.1

The Provider collects data from Users in the course of processing their contracts. In doing so, it especially complies with the regulations of the Federal Data Protection Act and Teleservices Act of the Federal Republic of Germany. Without consent of the User, the Provider will only collect, process, or use inventory and usage data from Users as far as it is required to fulfill the contractual relationship and for the usage of and billing for telemedia.

11.2

The User also agrees to the use of

- Cookies

- Google Analytics

- additional services which collect information about user numbers and usage behavior for the purpose of data analysis.

11.3

The user has the option to view, change, or delete his saved data at any time via the "My Data" button in his profile. For all other issues regarding permission granted by the User and for further information on the collection, processing and use of data, reference is made to the data protection policy, which can be retrieved in printable form via the link "Data Protection" on the Provider's website at any time.

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