meetOne GmbH (hereinafter referred to as Operator) operates an online contact portal at www.meetOne.com (hereinafter referred to as meetOne). A range of online services is offered on the meetOne website. These services include, for example, the possibility of creating a profile page, participating in rating games (rating pictures), uploading media such as photographs, texts and games and purchasing virtual items or other services. The users of the online contact portal meetOne.com and the services are hereinafter referred to as “Users”. Inthe following general terms and conditions (hereinafter referred to as Terms & Conditions), references made to “Services” will pertain to the services offered by „Operator“.
Operator offers Users Services which are based exclusively on these Terms & Conditions. User Terms & Conditions are not considered part of the general contract unless meetOne approves these in writing.
The following Terms & Conditions apply to the use of the meetOne contact portal as well as the online Services of Operator. The Services can be accessed primarily through a personal computer connected to the Internet by telephone, ISDN, broadband or equivalent connection. In addition, it is possible to use various other Internet-capable devices, whereby the scope of operation and/or display characteristics may be limited.
These Terms & Conditions expressly exclude questions which might arise with regard to the establishment of Internet access, connection to websites and third-party software such as browsers or access software, as these Services are not provided by Operator.
1.1.1 Operator offers its Services exclusively to Users with respect to Sec. 13 of the German Civil Code (BGB). The use of meetOne Services for pecuniary or any other commercial purposes is hereby prohibited.
1.1.2 Only those individuals who have reached the age of 18 are entitled to use the full scope of Services provided by Operator.
1.1.3 At the time of registration for meetOne and/or Services, the User explicitly guarantees that he/she is of legal age.
1.2 Subject Matter of the Contract, Usage of and Changes to the Services
1.2.1 Operator offers its Users the possibility of using meetOne and Services which are offered by meetOne on the Internet subject to existing technical and commercial capabilities.
1.2.2 Participation in meetOne and Services is for entertainment purposes only.
1.2.3 Operator, as part of its Services, stores certain information at meetOne.com and offers its Users the possibility of uploading information to the Internet and creating personal profiles, etc. which can be viewed by other users of meetOne Services as well as by third parties. Furthermore, the User can also communicate with third parties via the meetOne portal, upload and exchange photographs, videos, music and other media, publish comments, and rate other users, third parties or transactions.
1.2.4 The use of meetOne and Services is made possible through the provision of the necessary applications at the respective URLs by Operator. Operator also reserves the right to offer or sell meetOne and/or Services on other digital media and which may have a range of features that differ from the online versions. The sale of such is not subject to these Terms & Conditions.
1.2.5 The use of meetOne and Services is expressly limited to individuals who previously created a customer account (hereinafter referred to as Account) at the time of registration. An Account can be created at the meetOne portal or at the URL of given media partners. An Account which has been created at the meetOne portal enables the User access to any of Operator Services set forth in Sec. 1.1 above.
1.2.6 Registration, i.e. an application to open an Account, can be accomplished by filling out a form and providing the information requested therein. The use of meetOne and/or Services will be permitted from the time an account is created for the user by Operator.
1.2.7 A User is not entitled to create multiple Accounts at the meetOne portal (“prohibition of multi-accounts”). In particular multi-accounts from one user may not communicate with each other or interact in any way, shape or manner (Ban on “pushing”). To emphasize this users are not entitled to create advantages for another Account from the same User. Operator strongly recommends that all Users are aware that use of multi-accounts can lead to an immediate ban of the User.
1.2.8 Once an Account has been created, the User may use meetOne and/or Service by accessing the meetOne portal or entering the respective URL and logging in thereafter.
1.2.9 meetOne and the Services can only be accessed by means of a standard web browser or special tools which have been provided or expressly approved by Operator (Ban on of non-authorized scripts). In other words: The use of programs which cause excessive server load are strictly forbidden. The application of software to systematically or automatically control meetOne Accounts or individual functions such as voting, etc. or to reproduce or evaluate meetOne, components or content provided on the meetOne platform is prohibited.
1.2.10 It is forbidden to exploit bugs and/or errors in the programming for personal gain. Recognized bugs should be reported as quickly as possible by IRC or by e-mail.
1.2.11 The User has no legal claim to open an Account or to publish information on the meetOne portal.
1.2.12 Current technical and other requirements for meetOne and the Services are available on the meetOne portal and/or the respective websites of the Services.
1.2.13 meetOne and Services are continuously being updated, adapted, enhanced and modified. For this reason, the User is only granted the right to use the current version of meetOne and the respective Services.
1.2.14 Use of the basic version of the meetOne is free. Some features are only available to paying customers (see Sec. 7 below). Use of the Services is free unless otherwise stipulated in the description of the respective Services.
1.2.15 The User has no legal claim to demand the perpetuation of meetOne and/or Services as they were at the time of concluding the contract. Operator reserves the right to cease operation of meetOne and/or Services at any time without prior notice or justification. In this case, the User can choose to have Operator issue him/her a credit for use with other Services of his/her choice or request a refund for payments which he/she has made in advance for Services such as Premium benefits. The User’s right to terminate the agreement with immediate effect due to meetOne and/or Services which are unable to be used remains unaffected. Further claims made by the User are hereby prohibited unless otherwise expressly described in these Terms & Conditions.
2.1 By filling in the registration form for the Account, the User enters into a binding contract (hereinafter referred to as “User Application”). For this purpose, all fields of the registration form marked as being “required” must be filled in completely and correctly.
2.2 The agreement between Operator and the User is considered valid when Operator approves the User Application. Confirmation of the User Application can be explicitly communicated by Operator as a result of an action on the part of Operator.
2.3 Operator will promptly send a confirmation e-mail acknowledging receipt of the User application to the e-mail address provided by the User at the time of registration. This acknowledgment of receipt does not represent a binding approval of the User Application. The acceptance of the User application and the confirmation to access meetOne Services can, however, be sent together with the acknowledgment e-mail.
Right of revocation:
The User can revoke his/her declaration of intent to enter into a contractual agreement for meetOne and Services and to order Premium features from Operator without stating reasons within a period of two weeks in written form. This period shall begin upon receipt of these instructions, but not before conclusion of contract and also not before Operator has fulfilled its responsibility to provide information according to Sec. 312c Par. 2 BGB, Sec. 1, 2, 4 of the German Civil Code Information Ordinance (BGB-InfoV) and Sec. 312e Par. 1 Cl. 1 BGB, Sec. 3 BGB-InfoV (from June 11, 2010: Art. 246 Sec. 2 in connection with Sec. 1 Par. 1 and 2 of the Introductory Act to the German Civil Code [EGBGB] as well as its responsibilities according to Sec. 312e Par. 1 Cl. 1 BGB in connection with Art. 246 Sec. 3 EGBGB). The timely dispatch of the cancellation is deemed to be sufficient evidence that the withdrawal deadline has been observed.
Please address the cancellation to:
c/o Lakshmi GmbH
Neuer Pferdemarkt 1
D-20357 Hamburg, Germany
In the cancellation the name meetOne and, if applicable, the Premium features and/or Services plus the name of the User and the e-mail address must be provided
Effects of revocation:
In case of a valid withdrawal, Services or payments made by both parties must be returned and, if applicable, any associated utilization must be released. If the User cannot return the received services to Operator either in full or in part or only in deteriorated condition, the User may be liable to provide equivalent compensation. In some cases, the User may be required to fulfill the contractual payment responsibilities for the period of time up until the revocation. This is not applicable for the transfer of virtual goods when the deterioration of the virtual goods is caused exclusively by their examination – such as when the User might examine a good in a store before purchasing it. The User's obligation for compensation exists when the virtual goods are used in a manner consistent with the principles of civil law which is incompatible with that of good faith or unjust enrichment. In addition, the User can avoid an obligation to pay compensation if he/she does not treat them like his/her personal property and avoids any actions which may diminish their value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the User with the dispatch of the cancellation notice; Operator's period begins with the receipt of this notice.
Premature termination of the right of revocation:
The revocation of the User expires prematurely if the contractual obligations are fully met by both parties at the express request of the User before the User has exercised his/her right of revocation. This is considered to be the case when the User has made use of meetOne and/or Services and/or Premium features and has paid for these in full.
End of the cancellation policy
Operator guarantees that meetOne and Services will be available 90% (ninety percent) of the time on a yearly average. Excluded from this percentage are time periods in which meetOne portal servers and/or Services are not available on the Internet due to technical or other problems which are outside the control of Operator, such as force majeure, third-party fault, etc. as well as periods in which routine maintenance work is carried out. The liability of Operator with regard to inaccessibility of meetOne and/or services by intent and gross negligence remains unaffected. Operator can restrict access to its Services if required for network security and preservation of network integrity, especially with regard to the prevention of severe breakdowns or interruptions of the network, software or stored data.
5.1 The User accepts these Terms & Conditions as binding by submitting his/her User Application and using meetOne and/or Services. These Terms & Conditions apply for each login to the meetOne portal, especially when meetOne and/or any Services are used. The Terms & Conditions can be printed out or saved onto digital media before sending the User Application.
5.2 Operator reserves the right to change or amend these Terms & Conditions with regard to future arrangements at any given time, provided this is deemed necessary and if the User is not put at a disadvantage in a breach of good faith.
5.3 The User will be notified in an appropriate manner in writing of the changes made to the Terms & Conditions. As a general rule, such announcements are usually published on the Operator websites where meetOne and/or Services are offered, or by e-mail. Changes to the Terms & Conditions will always be provided to the User with a highlighted announcement at the next login.
5.4 The User can object to the changes made in the Terms & Conditions within 14 days upon publishing the notification and their receipt by the User. If the User does not object to the changes made in the Terms & Conditions after publication and receipt of the notification of these changes in writing within 14 days and submit his/her objection(s) to Operator, or he/she continues to use meetOne and/or Services, the Terms & Conditions which were changed or amended will be considered legally binding with respect to the User. If the User objects within the set time limit, both parties are entitled to terminate this agreement with a one-month notice unless both parties have the right to terminate without notice according to Sec 8.1 already exists. Until termination has been finalized, the original Terms & Conditions will remain in effect. Any payment made for meetOne and/or Services which extend beyond the termination date will be reimbursed to the User on a pro-rata basis. Further claims by the User are considered hereby invalid.
5.5 Operator, in the course of informing the User about such changes, will especially inform the User about the possibility of objecting to the changes, cancellation of Services, the set time limit and legal ramifications in the case of failing to submit an objection.
5.6 Unless otherwise stipulated in these Terms & Conditions or in other agreements with the User, Operator will generally communicate with the User by e-mail. The User will ensure that he/she can receive all e-mails sent by Operator to the address he/she submitted to Operator at the time of registration or subsequently. He/she is responsible for settings and maintenance of the spam filter and for regularly checking all incoming e-mail sent to this address. Operator reserves the right to correspond with Users using whichever form of communication they deem necessary.
5.7 Upon contacting Operator, the User will indicate which Account and/or Services his/her correspondence pertains to.
6.1 Instructions and rules of meetOne and/or Services will be published on the meetOne portal and/or on the websites of Services.
6.2 The User is consciously aware that he/she interacts together with numerous other Users and that he/she communicates with different Users of Services over the meetOne portal. In order to ensure successful interaction between the Users in meetOne, it is imperative that the rules are observed by all Users. By using meetOne and/or Services, the User thereby acknowledges the rules and participation requirements as legally binding
6.3 The User will also refrain from undertaking any other activity which could interfere with the normal operation of meetOne and/or Services or disrupt the successful interaction between Users in meetOne.
Operator provides Users access to meetOne in principle as of the creation of a User Account (see Sec. 1.2 above). In this case, the User will initially only be provided with a basic version. The creation of an Account and the use of the basic version are free of charge. The basic version of meetOne can be used indefinitely and without restrictions in function, without prejudice to Operator’s right to withdraw meetOne. In the basic version, the User does not have full access to all meetOne features.
The User has the option of receiving features which are not available in the basic version (hereinafter referred to as “Premium Features”) in return for payment. The Premium Features offered may vary from meetOne and one Service to another. Information pertaining to the prices of the Premium Features offered, the functions included with these Premium Features and their requirements for use can be obtained from the meetOne and/or Service website. Depending on the Premium Feature and price, a one-time payment may have to be made in order to credit an Account with features or items which may be used for certain purposes subject to the respective rules of meetOne, or to make payments which are due periodically, such as on a daily, weekly, monthly, quarterly, semi-annual or yearly basis.
meetOne and Services are continually being developed. Operator therefore reserves the right to offer new Premium Features at any time. In the course of adapting and developing meetOne, Operator also reserves the right to discontinue individual Premium Features and/or to offer them in the basic version (see Sec. 7.1.1 above). If a User has already made advance payments for Premium Features and cannot use these Premium Features because they are no longer offered and/or are also offered in the free basic version, Operator will offer the User other Premium Features of their choice as a substitute and/or reimburse the sum they have already paid on a pro-rata basis. In this case, the User has the right to terminate the contract with immediate effect. Further claims by the User are considered hereby invalid.
If the User is not of legal age, he/she explicitly guarantees upon ordering such Premium Features that the necessary funds to pay for these Premium Features have either been given to him/her for this particular purpose or for him/her to use at his/her own personal discretion.
If there is a possibility of downloading software (e.g. Apps) to a mobile phone allowing access to meetOne, the rules for Premium Features will also apply for payment of these accrued costs.
If payments for Premium Features are to be made at regular intervals, the User effectively enters into a subscription for these Premium Features that will automatically be renewed if it is not cancelled by the User before the end of the set time limit as stipulated in Sec 8.2 below. The subscription terms are described in the rules for meetOne and/or the respective Services.
Operator is authorized to ask for advance payment for the use of Premium Features (see Sec. 7.1.2 above). Such payment will be due upon conclusion of the contract and will be debited from the bank account or charged to the credit card account provided by the User, inasmuch as the User has not opted for another form of payment, for example, payment by text message for Premium Features. The amount to be collected will be displayed as “WWW.MEETONE.COM” or “MEETONE” on credit card bills or bank account statements.
Operator reserves the right to reduce prices or to offer new products, services or methods of payment at any time either on a temporary or permanent basis. In addition, Operator is authorized to change prices at any given time with six weeks’ notice either in writing or by e-mail sent to the address provided by the User. The changed price will take effect if the User does not object to the changed price within six weeks. The contractual relationship will be carried forward according to the conditions and prices which were changed. Operator, in the course of notifying the User about these changes, will especially inform the User about the possibility of objecting to the changes, cancellation of services, the set time limit and legal ramifications in the case of failing to submit an objection.
If the User objects within the set time limit, both parties reserve the right to terminate this agreement at the end of one month, unless the right to terminate immediately according to Sec 8.1 already exists. Until termination of the contract, the original Terms & Conditions will remain in effect.
Any payment made for meetOne and/or Services which extend beyond the termination date will be reimbursed to the User on a pro-rata basis. Further claims by the User are considered invalid.
In case of late payment, Operator is authorized to charge interest set at 5% above the current base lending rate. Operator is also entitled to discontinue Services and to suspend the User’s Account(s) if payment is overdue. During the Account suspension period, no charges for subscriptions which have been entered into will accrue. Operator, however, is authorized to impose a processing fee for suspending an Account, for informing the User of Account suspension, for reactivating the Account or for creating a new Account upon payment in full. The amount of the processing fees can be found on the meetOne portal by accessing meetOne and/or Service. The User is entitled to prove that no damage occurred or that a substantially lower level of damage was caused due to late payment.
If Operator incurs costs and/or losses as a result of User default or insufficient User bank account funds, and/or if meetOne is charged a cancellation fee due to the cancellation of a direct debit payment, the User will bear all cancellation fees generated as a result of these actions.
Operator is entitled to demand payment of the costs incurred from repeated attempts to debit the charges from the User’s account together with the original fees. If payment of fees is made by direct debit or credit card, and a debit reversal occurs, Operator will charge a service fee of EUR 9.60 per direct debit/credit card transaction plus banking fees accrued. The User is entitled to prove that no damage occurred or that a substantially lower level of damage was caused due to late payment.
Operator does not guarantee prizes to Users. In particular, the Users do not have the right to claim the payment of prizes, unless such a claim is explicitly outlined in these Terms & Conditions.
A claim to the payment of a prize can only be permitted if Operator has explicitly offered/advertised such a prize.
A claim to the payment of a prize also does not exist if Operator learns that a potential claim to a prize may be the result of technical or legal manipulations and/or the result of any other kind of criminal conduct, in general. By using meetOne and/or Services, Users thereby agree that Operator may conduct a thorough investigation at any time pertaining to the legality of the claim for prizes, and while this claim is under investigation may withhold the payment of the prize from the User without his/her express consent. A claim to a prize will also be forfeited if the User has not complied with the rules of meetOne. If there is reason to doubt a claim, it is up to the User to provide sufficient evidence that he/she complied with the rules of meetOne. The User acknowledges and explicitly accepts this obligation to provide evidence even when it is not usually common legal practice to do so.
The User may only set off a claim by Operator for outstanding accounts if his/her counterclaims cannot be disputed or have been declared legally binding. The User can only withhold payment if his/her counterclaim is related to the same Terms & Conditions. The right of the User to assign his/her claims to a third party is invalid.
Unless otherwise stipulated in the Service description, Services can be used free of charge. Furthermore, Sec. 7.1 through Sec. 7.5 apply to fee-based Services.
All contracts entered into between the User and Operator are for an indeterminate period of time unless a limited period of time has been expressly specified in the Terms & Conditions.
If a limited period of time has not been specified, each party has the right to terminate the contract at any time with immediate effect according to the respective termination procedure.
In the event that the Terms & Conditions for using meetOne, Services and/or Premium Features have been accepted for a limited period of time (see Sec. 7.1.2 and Sec. 7.1.3), the following regulations shall apply. The contract for using meetOne, Services and/or Premium Features will be automatically renewed for the same period of time as the original contract unless the subscription or contract for the use of meetOne, Services and/or Premium Features has been terminated by the user at least 14 days prior to the end of the term.
The right to terminate the contractual agreement can be exercised by either party without stating reasons.
The parties may also terminate the contractual agreement for using meetOne, Services and/or Premium Features for important reasons at any time without prejudice to the above regulations.
In the event that Operator is responsible for a premature termination of the contractual agreement for using meetOne, Services and/or Premium Features for important reasons, the User will receive a pro-rata refund for any payments made by him/her (especially for Premium Features) which apply to the period after the termination becomes effective. All other claims of the User are considered invalid unless otherwise specified in these Terms & Conditions.
Operator has the right to terminate the contractual agreement especially for, but not limited to, the following reasons:
- The User is late in paying fees of at least EUR 5.00 and has not paid despite having received two reminders.
- The User knowingly violates any law or the rules of meetOne and/or Services, and does not discontinue his/her actions despite having received a warning. A warning is not required in case of a severe offense where it would be unreasonable to expect Operator to remain bound by the contract.
- The User has not used his/her Account for a period of four weeks despite having received a reminder.
Cases in which it would be unreasonable to expect Operator to remain bound by the contract generally include the following:
- The User violates criminal law.
- The User violates the prohibition of multi-accounts which may be stipulated in the meetOne and Services rules (see Sec. 1.2 above).
- The User violates the prohibition of pushing (see Sec. 1.2 above).
- The User violates the prohibition of non-authorized scripts (see Sec. 1.2 above).
- The User violates the prohibition of exploiting programming errors (bugs) (see sec. 1.2)
- The User deliberately provides false information upon registration (See Sec. 2, User application form) or while completing payment of Premium Features (see Sec. 7.1).
In the event that Operator correctly terminates the contractual agreement for important reasons, Operator is entitled to charge the amount of 75% percent of all fees which the User would have had to pay for the rest of the term had the User himself/herself terminated the contract within the set time limit as governed by the contractual agreement. The User’s right to prove that no damage occurred or that a substantially lower level of damage was caused due to the termination remains unaffected.
If there is no option for terminating the contract meetOne and/or in the respective Service, the termination must be submitted in written form (handwritten signature) and must be send by email, Fax or postal service to the Operator. For unique authentication and protection from abuse the letter of termination must contain information for unambiguous identification (name, first name, user name, address, in meetOne stored e-mail address, signature). A termination for important reasons can only be declared in written form and must include the reason(s) for the cancellation.
The primary responsibility of the User is to pay the accrued fees, unless he/she uses the basic version of meetOne and/or Services (see Sec. 7 above). Another principal responsibility of the user is to correctly and completely submit all information requested by Operator upon entering into the contractual agreement or during the course of the contractual relation with the User. Therefore, the User declares that all information relating to his/her person or other facts relevant to the contract (especially bank or credit card details) and which he/she provides on the User application or during the course of the contractual agreement are complete and correct to the best of his/her knowledge. The User obligates himself/herself to inform Operator about any changes to this information without undue delay. The User is obliged to follow the meetOne rules. In the case of repeated violation of the rules despite warnings to this effect, or in the case of a severe breach of the rules (see Sec. 8.3), Operator reserves the right to suspend all services immediately and without warning, and to terminate the contract.
Operator is not liable for damages or loss of data on the User’s computer which may be caused by the installation of software which does not originate from Operator.
9.3.1 Operator provides the available Services online for use with a web browser. Operator neither provides nor installs any of the software required by the user on his/her local computer, especially but not limited to the operating system, web browser(s) or plug-ins such as Flash or Java, if applicable. meetOne also does not provide any support services for such software installations. It is solely the User’s responsibility to maintain the computer in a state which enables the use meetOne. Therefore, Operator does not provide any kind of technical support for the installation of locally-required software.
9.3.2 The User obliges himself/herself to treat all data provided by Operator for the purpose of accessing the Services (login, passwords etc.) in a strictly confidential manner. The User will inform Operator without delay if he/she learns or suspects that an unauthorized third party has gained possession of said access data. Operator advises the User to do this in written form, e.g. via e-mail. In the event that a third party gains access to meetOne or Services with the User’s access data because the User neglected to sufficiently protect the account from unauthorized access, the User must, due to the danger of an uncertainty caused by him/her regarding who misused the account or was responsible for a contractual or legal infringement of said account, assume the responsibility for said actions as if he/she had performed these actions himself/herself. Operator is entitled to evaluate all entry into an account with the user's data as the entry of the user himself/herself into the account. Operator advises that passwords should be regularly changed for security reasons. The User is solely responsible for the access to and use of his/her Account.
9.3.3 In the event that Operator has a justifiable reason to believe that an unauthorised third party is wrongly in possession of access data, Operator may, but is not required to, at its own discretion, change the account access data without prior notice or suspend the respective Account. Operator will promptly inform the rightful User and will, upon request, communicate the new access data to him or her without undue delay. The User has no right to demand that the original access data be restored.
9.3.4 The User is not entitled to sell his/her account to a third party or in another way, shape or manner to transfer it. This is not applicable for the sale or transmission of offers which have been created and reserved by Operator for this purpose.
9.3.5 Operator protects its systems against viruses. Even so, virus infections can never be completely ruled out. Also, it is possible that unauthorized third parties may send e-mails using the name of Operator without Operator’s consent, and that such e-mails may contain viruses, spyware or links to web content which, in turn, may contain viruses or spyware. Operator has no influence over such occurrences. The User agrees to check all incoming mail sent or supposedly sent by or in the name of Operator for potential viruses. The same applies to mails from other Users of meetOne or Services.
9.3.6 The User agrees to abide by the instructions of Operator, its employees, assignees and vicarious agents, especially including but not limited to administrators and moderators for meetOne and/or Service.
9.3.7 The User agrees that he/she shall not, under any circumstances, use the Account, login name or password of another User.
9.4.1 The User shall exercise due care in the selection of the information which he/she makes available to other Users by uploading it to the meetOne portal.
9.4.2 The User shall not use meetOne and the Service(s) to distribute content including but not limited to pictures, videos, links, names, words which contain political, religious, insulting, offensive, violent, sexist, pornographic or other objectionable matter, especially including racist, right extremist or left extremist content, persons or depictions. In addition, the User agrees not to use any copyrighted or otherwise legally protected terms, names, pictures, videos, music, games, or other material. In case of doubt, the User shall promptly remove any content challenged by Operator. Operator is also entitled to remove such questionable content on its own. The User will always respect any applicable laws and regulations, especially with regard to youth protection, data privacy, protection of personal rights, protection against slander and defamation, copyright laws and trademarks.
9.4.3 The User may not misuse the Service(s) for illegal or unauthorized purposes. It is strictly prohibited to use the account names or e-mail addresses of other Users without their express prior consent for the purpose of sending unsolicited e-mails, promotional messages or for any other commercial purposes.
9.4.4 Operator is entitled to delete any content submitted by the User in culpable violation of the above-mentioned rules and regulations.
9.4.5 Operator is especially entitled to delete any information in whole or in part which has been submitted by the User and which gives firm reasons to indicate a breach of these Terms and Conditions, the instructions and rules of the respective Service(s) or are otherwise in violation of applicable law. This, for example, includes but is not limited to:
- information which is obviously offensive, racist, fanatical, or glorifies violence;
- information which is of a molesting, insulting, threatening, obscene, defaming nature or is libelous to other persons;
- information which is sexist, pornographic or otherwise harmful to underage persons, or which contains links to websites unsuitable for underage persons;
- information which is false or misleading and/or which is intended to promote illegal activities;
- illegal or unauthorized copies or distributions of a work protected by copyright, for example by providing illegal computer programs or links to illegal computer programs, information on how to bypass copy protection measures, illegal copies of music, links to illegal copies of music or other copyright infringements;
- the sending of junk mails, chain mails and/or unsolicited mass mails, instant messages, spimming and spamming;
- limited-access pages or pictures which are hidden or password protected;
- promoting or endorsing criminal activities or providing instructions for committing criminal activities, including but not limited to information on the production or purchase of arms, child pornography, fraud, drug trafficking, gambling, stalking, spamming, spimming, distribution of computer viruses and other harmful files, copyright infringement, patent infringement and/or theft of trade secrets;
- soliciting other Users to disclose personal information for commercial or illegal purposes, or inducing them to disclose login data;
- promoting commercial or sales activities, such as contests, raffles, swapping offers, classified ads and/or pyramid schemes;
- providing picture(s) of another person without that person’s express consent.
9.4.6 The User is not entitled to demand that such deleted information be restored.
Furthermore, Operator is also entitled to exclude the offending User from continued use of meetOne and/or the respective Service(s) and, in case of repeated infringements of the aforementioned prohibitions despite written notice, to terminate the User’s Account without prior warning. Operator reserves the right to make any further necessary and additional claims, particularly the entitlement to damages.
9.4.7 The User will inform Operator in case he/she becomes aware of an abuse of the Service(s) by other Users or third parties, such as making accessible or sending information which violates this Sect. 9.4. To ensure that effective measures can be taken, Operator requests that such information be provided in writing (e.g. e-mail).
9.5.1 The User is solely responsible for any texts, files, pictures, photographs, videos, sounds, music, copyrighted or other material, information etc. (hereinafter “Uploaded Information”) which he/she uploads to the meetOne portal and/or Services or shares with other users. Operator neither condones nor approves such information.
9.5.2 Operator does not have control over the Uploaded Information on the meetOne portal. Operator does not evaluate the Uploaded Information before it is made public. If Operator learns that specific Uploaded Information is illegal, it will be deleted promptly.
9.5.3 Operator disclaims any liability or warranty with respect to the Uploaded Information, especially regarding accuracy, completeness and reliability.
9.6.1 The User maintains all rights to the Uploaded Information. By submitting information to the meetOne portal or Service(s), the User grants Operator a non-exclusive, revocable license, free of charge, to publicly offer and display such information on meetOne and/or Services and display, reproduce and distribute such information (e.g. banners for advertising purposes).
9.6.2 The User does not grant Operator any further rights to the Uploaded Information.
9.6.3 By submitting information, the User acknowledges and accepts that Uploaded Information on the meetOne portal can be accessed globally through the Internet. With the uploading of such information, the User agrees to these conditions.
9.6.4 The aforementioned license ends at that time when the Uploaded Content has been deleted from the meetOne portal and the Services by the User.
10.1 meetOne grants the User access to the Services in their current version only (Sec. 1.2). The User has no right to demand the maintenance or restoring of a particular version or range of functions of meetOne and/or Services. The User acknowledges and agrees that the Services provided by Operator, as with any other software, can never be completely free of errors. Therefore, the Services can only be considered to be defective if their usability is affected severely and over a sustained period of time.
The User shall document any faults in meetOne and/or Services and/or other deliveries of Operator, and to document them fully in writing along with a protocol of the error messages displayed. Before reporting a potential bug, the User shall consult the instructions for meetOne and/or Service and any other troubleshooting tools provided by Operator (especially frequently asked question lists and boards for troubleshooting). The User will use best efforts to support Operator in any attempts to debug meetOne or Service in question.
10.2 The User will notify Operator in written form of any faults and without undue delay upon their discovery. To prove that the deadline has been met, it is advised to submit such reports in writing (fax, letter or e-mail) to Operator.
10.3 Operator is not liable for defects caused by external influences, faulty handling by the User, force majeure or changes or manipulations which are not performed by Operator.
10.4 Operator does not assume any guarantees or warranties.
11.1 Inasmuch as Operator provides its Services free of charge, Operator is in no case liable other than for gross negligence or intentionally caused damage. This does not apply to liability for injury to life and limb, or in the event that Operator has assumed a warranty.
11.2 Inasmuch as Operator provides paid Services, Operator is liable for intent and gross negligence without limitation. In cases of slight negligence, Operator is only liable in case of violation of substantial contractual obligations or breach of a warranty. Substantial contractual obligations, also called Cardinal obligations under the law, are understood to be such obligations that allow for the proper execution of the contract and rely on the fulfillment of its Users. The foregoing limitations will not apply to liability for injury to life and limb or in the event that a warranty by Operator has been assumed. Operator's liability under the Product Liability Act as well as within the scope of Sec. 44a of the German Telecommunications Act (TKG) remains unaffected.
11.3 Liability for breach of a cardinal obligation or an essential obligation is limited to the damage which could have been foreseen.
11.4 The aforementioned limitation of liability also applies to the personal liability of staff, employees, assistants and vicarious agents of Operator, and especially contributors, representatives, organs, shareholders of Operator and their members.
11.5 Operator is only liability for consultancy as far as the content of its Services are concerned.
11.6 Operator distances itself explicitly from the contents of any websites to which there are direct or indirect links from Operator sites. Operator does not assume any responsibility for these contents and/or websites. The providers of the respective sites are responsible for their content.
12.1 Any and all claims and declarations made by the User must be submitted to Operator in writing to be considered valid: This includes any provision to suspend or amend the requirement for using the written form.
12.2 The legal place of jurisdiction is Hamburg, Germany, in the event that the user changes his/her legal domicile or habitual place of residence to a location outside the Federal Republic of Germany after the contract has been concluded. These conditions also apply if the legal domicile or habitual place of residence is unknown at the time a legal action is filed.
12.3 If any provisions of these Terms & Conditions are invalid or become invalid, the validity of the other provisions shall not be affected.
12.4 The German version of these Terms & Conditions shall take precedence over the English convenience translation.
c/o Lakshmi GmbH
Neuer Pferdemarkt 1
D-20357 Hamburg, Germany
Registered at Amtsgericht Hamburg: HRB 110736