1 Welcome to Datelay, the meeting place for people who love love. Datelay is an online service for flirting, chatting and getting to know each other. These general terms and conditions apply to your membership at Datelay, the use of our website and the services and services provided. We hereby contradict any deviating conditions or contract offers.
2 "We" and the operator of the "Datelay" internet offerings are:
ME Media GmbH Schafmarkt 3
3 For the purposes of these general terms and conditions:"Datelay" means that via the Internet address "Datelay.com." as well as Internet offerings made available under various subdomains and aliases of these domains, in its entirety. "Member" or "you" anyone who has joined Datelay. II. Services 1 Datelay offers a platform on the Internet which is used to arrange and maintain acquaintances and contacts as well as to offer interesting, entertaining and tingling conversations and chats. 2 Datelay provides a platform with entertainment and communication options. Every member of Datelay can create a profile with the options and information provided and use this profile to contact conversation profiles. 3 Datelay is a pure entertainment platform. Everyone should be able to experience fascinating and entertaining flirtations here. Our service consists in the provision of sparkling conversations with professional chat partners, whom we have carefully selected. They will chat and flirt with you through our platform if that's what you want. The professional chat partners operate purely fictitious profiles for entertainment purposes only. They work for us and are not available for meetings outside the platform. All statements and all personal data of the fictitious profiles are made up by the professional chat partners. A female profile can also be operated by a male professional chat partner and a male profile can also be operated by a female professional chat partner and vice versa. During chats, you will not be specifically informed that you are only flirting and chatting with a professional chat partner. This moderation by Datelay ensures activity on the platform and also generates the operator's sales. Even if you use paid services, Datelay does not put you in touch with real people. We expressly point out that at Datelay you will only chat and flirt with fictional profiles operated by professional chat partners. You expressly consent to this procedure. You are informed III. Joining and terminating 1 Membership at Datelay takes place by submitting an application for admission and confirming admission by us. There is no entitlement to admission. We are entitled to reject applications for membership without justification and at our own discretion in accordance with the applicable legal provisions. 2 Membership presupposes that the member is of legal age, i.e. at least 18 years old and also has full legal capacity. 3 As part of the application for membership, truthful and (if required) complete data must be provided. We reserve the right to check the accuracy of the information using legally permissible means. Members are obliged to update the master data they have given us immediately in the event of changes. The application for membership is made by filling out the registration form and submitting it to us. The registration form can only be transmitted technically if the member also agrees to these terms and conditions. Input errors and other necessary corrections can be made in the registration form by changing the fields entered, using the "back" button or the backward navigation function of your Internet browser. After the application for membership has been sent to us, the registration data can only be corrected via the member's user account. The text of the contract is not saved by us and can no longer be accessed by the member after the contract has been concluded. However, the member can print out these terms and conditions and the content of the registration form before submitting it. 4 When registering, members choose a username and password. The username is particularly visible when communicating with other members. It must not consist of an email or internet address, it must not violate applicable law or the rights of third parties - in particular naming, trademark or personal rights - and it must not violate common decency. 5 Member accounts are not transferable and may not be made available to third parties for use. 6 We send the members contract-related information by email to the address given by the members during registration. The members are therefore responsible for receiving our news and being able to take note of it within a reasonable period of time. 7 Membership can be terminated at any time without notice. Cancellation is made by the member via the member's account. 8 In particular, we have the right to terminate membership without notice if there is good cause for termination. An important reason exists in particular if a member has culpably violated these terms and conditions or other legal provisions in a significant way or repeatedly. Such a violation is equivalent to violations by third parties acting at the instigation of a member. 9 We are entitled to block members who culpably have given cause to terminate for an important reason from renewed membership and from using our services. We can store the data required for this blocking for a maximum period of 2 years from the end of membership. IV. Our services 1 We strive to provide our members with interesting and up-to-date services and benefits and to make membership of Datelay interesting and beneficial for the member. Membership at Datelay includes the provision of the services we offer. There is no obligation on our part that goes beyond the agreed services. If we provide free services, measures and benefits, this is done exclusively on a voluntary basis, subject to a deviating agreement, and with the exclusion of any entitlement to continued validity or repetition. 2 We are entitled to discontinue or restrict free services at any time or, after the member has given their consent, to continue them as paid services. V. Flirtcoins 1 Registering with Datelay is free of charge. There are no ongoing fees or monthly fees. 2 For the use of our interaction options, for example chats, we charge the member a fee that the member has to pay to us. We calculate the remuneration in a virtual currency, so-called flirtcoins. The member can purchase Flirtcoins through his member account. The Flirtcoin price of an interaction is displayed to the member before the interaction is carried out. Flirtcoins can only be used on Datelay; trading in them is prohibited. 3 The means of payment provided by us are available to the member for the purchase of Flirtcoins. The member buys Flirtcoins by specifying the desired number of coins via the purchase option in the member's user account and purchasing them via the "buy now" button. Input errors can be corrected by the member beforehand by changing the corresponding options. The contract is concluded when we credit the member with the desired number of Flirtcoins within 48 hours or by confirming the member's purchase by email. If the member does not receive a coin credit or a contract confirmation within 48 hours, he is no longer bound by his contract declaration. The text of the contract is not saved by us when purchasing Flirtcoins and can therefore no longer be accessed by the member. In this case, too, the member can print out and save these terms and conditions. 4 An exchange of Flirtcoins or any other repayment as well as a transfer of Flirtcoins to third parties are excluded. If the member terminates his membership, existing Flirtcoin credit will expire. Statutory reversal claims remain unaffected. 5 We are entitled to cease the operation of Datelay altogether and to terminate the current contracts for the expiry of the operation with a partial refund of acquired Flirtcoins. VI. General duties of the members 1 Datelay attaches particular importance to the seriousness and quality of the members appearing at Datelay. Members are responsible for using our services and offers themselves. Members may not violate applicable legal provisions or these contractual provisions when using our services. In particular, the member does not have to violate the rights of third parties and to observe the applicable data protection regulations, criminal laws and youth protection regulations. The member is obliged to use only such a photo as a profile picture in the member profile on which only the member can be clearly identified. The member ensures that the public reproduction of the profile photo used by him is permitted under applicable law. The use of photos or images of other or non-existent people or other beings or of logos as profile pictures is not permitted. 2 Members may not misuse the services we provide. In particular, it is forbidden: to offer or advertise commercial services and / or products or to contact members for advertising purposes; Spreading harmful software such as viruses, worms, Trojans; Contacting or addressing members who do not wish to do so and who have communicated this to the contacting member; To use our services to send spam, chain letters or other unsolicited content or unsolicited advertising or to collect or obtain data for the aforementioned or otherwise improper purposes; to publish personal data of third parties, in particular pictures, names, addresses, telephone or fax numbers or e-mail addresses without their prior consent or to collect them for the purpose of improper use; to publish, advertise or provide access to fraudulent, discriminatory, extremist, racist, prohibited or violence-glorifying offers or content via our services. to publish or advertise pornographic content that glorifies or harms violence, is immoral or violates youth protection laws, or to provide access to it offensive or defamatory content, regardless of whether this content concerns other members, employees or other persons or companies; Insulting criticism, insults, meaningless statements, untrue statements of fact or illegal content. 3 Subject to further claims and rights, we reserve the right to block or delete content that violates these terms and conditions or legal provisions without prior notice. We are also entitled to block the content and data of members until the factual and legal situation has been finally clarified if third parties claim a violation of the law against us or we gain knowledge of a suspected violation of the law in another way. 4 Members have to keep confidential data, especially passwords, secret. In the event of abuse or suspicion of abuse, the member must inform us immediately. For security reasons and to prevent misuse, it is recommended that the member change his password at regular intervals. 5 We can commission third parties to provide parts or the entire range of services on this website. Our responsibility for legal or contractual obligations remains unaffected. 6 The member keeps us and our contractual partners free from all damages and expenses caused by violations of the law for which the member is responsible. Keeping them free also includes the costs of an appropriate legal defense. VII. Data protection and privacy 1 Data protection and privacy are of particular importance to Datelay in view of the special nature of our offer. We will use the personal data of our members exclusively for the purpose of maintaining and providing the offer, providing, providing and managing our services. 2 Members are obliged to use the information accessible to them when using Datelay exclusively for the purpose of establishing contact and maintaining contact within the scope of the offer and otherwise only with the prior consent of the respective contractual partner and in particular to observe the applicable data protection regulations. It is expressly forbidden to make publicly available or disseminate information about members that are taken note of in the context of the offer without the consent of the respective member. This includes in particular e-mail addresses, communication content, telephone numbers and information on personal or business matters of the members. VIII. Provision and technical implementation 1 In principle, we make our Internet offers available 24 hours a day, 365 days a year. However, we do not owe the successful retrieval in individual cases. We do not owe the provision of our services with a certain time availability and are in particular entitled to interrupt the services for the purposes of care, maintenance, rectification of defects, to prevent or prevent improper use or in the event of any security problems that arise. In the event of temporary, short-term unavailability, the member's entitlement to services that have already been paid for but not yet used remains intact. There is no entitlement to reimbursement or withdrawal from the contract. We will only make interruptions to the extent necessary if there is a sufficient reason and eliminate them as soon as possible. We reserve the right to discontinue the online offer. In this case, the member receives a reimbursement for services that have already been paid for but not yet used. 2 We reserve the right to change the technologies (servers, operating systems, interfaces, software, websites) and means of communication used by us in the context of our services and, in particular, to adapt them to the current state of the art. Subject to the fulfillment of our contractual obligations towards the member, we are entitled to change, expand, limit or discontinue our services at our discretion. IX. Usage rights 1 We reserve all rights to the services and content provided by us. The copying, downloading, distribution, distribution and storage of the content of our website and other presentation media is not permitted, with the exception of contractual use, without our express consent. 2 Our services, products and services provided for our members may only be used for the member's own private purposes. The further sale of our services requires our express consent. 3 The member or the provider grants us the non-exclusive right of reproduction and editing, which is limited to the duration of the respective service purpose, for any data and content protected by copyright or in any other way that are stored, processed or used by us for the member and other processing and use of the data and content within the framework and for the purpose of fulfilling our contractual performance obligations and for data backup purposes. X. Obligations to cooperate 1 The member must provide us with all information that is essential for the service relationship with him. We can consider the member's communications to be correct and complete and we are under no obligation to investigate. 2 The member is responsible for creating the conditions required on his / her side (e.g. internet connection). XI. Terms of payment 1 The member bears the costs incurred on his / her side, such as the costs for access to the Internet or for the transmission of data as well as any necessary license costs for software and advertising material used. 2 The member is only entitled to offset if his counterclaims are not disputed by us or have been legally established. The member is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship. 3 If a fee cannot be collected, the member bears all costs arising therefrom, in particular bank charges in connection with the return of direct debits and comparable fees, to the extent that he is responsible for the event that triggered the costs. We are free to send invoices and payment reminders exclusively by electronic means. XII. Datelay liability 1 We are liable for damage caused by us, our legal representatives or vicarious agents with gross negligence or intent and for the breach of essential contractual obligations, without the observance of which the purpose of the contract cannot be achieved and which the member can therefore always expect to be fulfilled (cardinal obligations ). Liability for slight and simple negligence is excluded, regardless of the legal reason. 2 We are not liable for facilities or services beyond our sphere of influence, in particular not for the non-availability of our services due to disruptions in the Internet or the services or facilities used to access the Internet or to provide access. 3 We are not liable for compensation for indirect damage, in particular for lost profit. In the event of a non-grossly negligent breach of a cardinal obligation, we are also only liable up to the amount of the typically foreseeable damage when the contract was concluded. 4 The liability for damage to the body, life or health, any guarantees assumed and liability under the Product Liability Act remain unaffected by the above limitations of liability. 5 As far as our liability is limited or excluded, this also applies in favor of our legal representatives, organs and employees and accordingly also for claims for reimbursement of expenses. XIII. Right of Withdrawal Cancellation policy and sample cancellation form Right of withdrawal You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must contact us ME Media GmbH Sheep market 3 25917 leak Email: [email protected] by means of a clear declaration (e.g. a letter sent by post, fax, e-mail or via our contact form, which can be reached from any page) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired. Consequences of the withdrawal If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery offered by us have) to pay back immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. If you have requested that the service should begin during the cancellation period, you have to pay us a reasonable amount, which corresponds to the portion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract Compared to the total scope of the services provided for in the contract. You will find a sample cancellation form at the end of this cancellation policy. Model withdrawal form (If you want to cancel the contract, please fill out this form and send it back.) To ME Media GmbH Sheep market 3 25917 leak Email: [email protected]
I / we (*) hereby revoke the contract concluded by me / us (*) for the provision of the following service (*)Ordered on (*) / received on (*) Name of the consumer (s) Address of the consumer (s) Signature of the consumer (s) (only when notified on paper) date -------------------------------------------------- -------------------------------------------------- --------- (*) Delete where inapplicable. XIV. Changes We reserve the right to change our services or offer different services, unless this is unreasonable for the member. We also reserve the right to change the services we offer or to offer different services, (a) insofar as we are obliged to ensure that the services comply with the law applicable to the services, in particular if the applicable legal situation changes or because a court decision made against us forces us to do so; (b) as far as the respective change is necessary to close existing security gaps; (c) if the change is merely beneficial to the member; or (d) if the change is of a purely technical or procedural nature without significant effects for the member. Changes with only insignificant influence on the functions of our services and without any effect on our performance as such do not constitute changes in performance in the sense of these regulations. This applies in particular to changes of a purely graphical nature and the mere change in the arrangement of functions. We reserve the right to change terms and conditions, (a) if the change is only advantageous for the member, if the change is purely technical or procedural and has no legal effects for the member; (b) insofar as we are obliged to ensure that these terms and conditions are in conformity with the law applicable to the services, in particular if the applicable legal situation changes or because a court decision against us forces us to do so; (c) as far as we introduce additional, completely new services, services or service elements that require the provision in these conditions, unless the previous usage relationship is adversely affected as a result. We will inform the member of such changes in writing, e.g. by email. If a change has not only beneficial effects in relation to the contractual relationship with the member, the member has a right of termination for the change to take effect. We will notify the member of this in the notification of changes. XV. Final provisions 1 The member may only transfer rights and obligations from or in connection with the contract to third parties with our consent. 2 These general terms and conditions are also valid if our internet offers are used outside of the Federal Republic of Germany. Only the German language is available for the conclusion of the contract. 3 The law of the Federal Republic of Germany applies to the contract, excluding the UN sales law. This choice of law only applies to consumers if this does not deprive the consumer of the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident. 4 If the member does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and us is our headquarters. 5 The possible ineffectiveness of individual provisions of these General Terms and Conditions does not affect the effectiveness of the remaining provisions. In place of the ineffective points, the statutory provisions apply, if they exist. If this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective. 6 The European Union has set up an online platform ("OS platform") for the out-of-court settlement of consumer disputes. The OS platform is intended to serve as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. You can find the platform at https://ec.europa.eu/consumers/odr. 7 In principle, we are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board. © Reprinting and / or use in whole or in part only with written permission
Status: 12/2019based on the respective statutory retention period (e.g. retention periods under commercial and tax law). This can be, for example, data on payment processes that could affect the traceability and verifiability of the resulting tax data in our company. If you have lodged an objection or have requested the deletion of your data, this data will be anonymized and can no longer be associated with you as a person. After the period has expired, the relevant data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation and / or we have no legitimate interest in further storage.