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general terms and conditions
1. Object of the Contract, Scope of Services
The following Standard Terms and Conditions shall govern all legal and business relationships between us and the person registered with her profile at lesarion (hereinafter referred to as the "User"). Deviating, opposing or supplementary terms and conditions of the User are hereby expressly objected to. Such terms and conditions shall not become an integral part of the contract, unless their application is expressly consented to in writing. lesarion is a contact portal. The object of this contract shall be the inclusion of the User in our database and the administration of the member's data for the duration of her membership. The services offered by us are subject to change and without engagement. This shall also apply to price rates. We reserve the right of changes due to technological progress and of changes in the design, colour and/or other features to the extent such changes are reasonable. By marking the check box and sending the form, the User accepts the Standard Terms and Conditions of Business and undertakes to observe them. 2. Registration, Types of Account, Use The contract giving rise to the user relationship is brought about by the User's request of our services through her registration and confirmation by us. The User must register and set up a member account in order to be able to use our services. The User must give complete and correct data as requested upon registration and shall promptly inform us of any change. Such change may be entered through the profile. Only natural persons who feel they belong to at least one of the groups of
persons, i.e. lesbians, bisexual persons of female gender, intersexual or transsexual
persons, shall be entitled to use our contact portal. A User has no right for inclusion in our database. We shall reserve the right to deny inclusion in, and use of, our services without giving reasons. The User shall be responsible for keeping her member account and password confidential. If there are reasonable doubts that unauthorised third parties have obtained knowledge of the User's access data, the User shall be obligated to change these data immediately or have them changed by us. The User shall undertake to inform us promptly of any unauthorised use of her account. Furthermore, the User shall generally be responsible for any use of her account, whether or not such use has been authorised by her. The User shall be liable for the use of our services by third parties through her member account, unless she is not responsible for such unauthorised use of her account. In such case, the User shall have the burden of proof that she is not responsible for such unauthorised use. A User initiating a group on our contact portal is designated by us as "group administratrix". Groups are virtual meeting points of interest groups. The group administratrix alone shall be responsible for the activities within a group. She shall act in compliance with legal provisions and review the contents of the group. This shall mean in particular that illegal entries must be promptly deleted by the group administratrix. If the group administratrix does not comply with her duties, the group may be deleted or transferred to another User by us. Among the group administratrix's duties shall be in particular continuous care of the group contents, review of contributions to the forums, review of the chat room, and the administration of the members. The administratrix shall not acquire a legal position in respect of her group. In addition, we shall be entitled to change the appearance of the group and its functionality, or to suspend the group function, at any time without giving notice or reasons. In the event that through our services access to services of other providers is procured which lead to a contractual relationship between a User and a third party, such contractual relationship shall not give rise to any claims towards us. In particular, we shall not assume any liability for the fulfilment of the rights and obligations arising under such contractual relationships. Within the scope of the registration procedure, the User shall have the possibility of registering as operator or businesswoman and to set up an operator account. A User registered with an operator account may use our range of services only to a limited extent, but shall be entitled, e.g., to enter and publish event notes in our calendar or city guide. In the event that a User does not set up an operator account within the scope of the registration procedure, she shall use the services offered by us exclusively for private purposes through the private account set up by her. 3. Scope of Use The use of a private account shall generally be free of charge. Only the use of specific individual services shall be against payment of a fee. A User will, however, always be advised in advance if a service is subject to the payment of a fee (see also no. 4). The User shall not be allowed to carry out activities, or make declarations or any other statements through the services offered by us for the purpose of advertising or indirectly promoting products or services. In particular, it shall not be allowed to use the services offered by us for sending unsolicited and undesired mass messages (so called spam). Nor shall it be allowed to advertise external sites through the placing of links. For links to other sites our link list is available. Furthermore, it shall not be allowed, and in particular not following a contact, to name premium rate telephone numbers through our services with the intent of making a profit through the naming of such service offers. In this regard the User shall assure that she does not pursue any commercial purposes and that she does not use any third-party data that may be entrusted to her for commercial or advertising purposes. This shall not apply to entries through operator accounts, provided that they are made within the scope of the possibilities available for such purpose and merely point out to events related to the target groups of the persons authorised to use our portal set forth under no. 2. 4. Services Available against Payment of a Fee In case of services available against payment of a fee, the User will be informed before using such service of its being subject to the payment of a fee and of the method of payment. The fee payable for the use of a service subject to the payment of a fee shall correspond to the current price rates. These price rates are shown in the description of the respective service or product. The methods of payment available to the User are given within the scope of the respective ordering process. 5. Term of the Contract, Termination and Blockage of Access The contract will be terminated upon deletion of the profile. Deletion of the profile may be done by the User herself. Upon termination of the contract, the User renounces using the services available against a fee not yet used and shall not be entitled to reimbursement of the fee already paid to us. We shall be entitled to terminate this contract with immediate effect in case of violation of these Standard Terms and Conditions or in case of any other reason justifying the blockage of a User. We shall reserve the right to delete any contents and are not obligated to restore the data of deleted member accounts. Instead of blockage, as a less severe measure we may give a warning or restrict the scope of use of our services available to the User. A reason for blockage shall be in particular non-observance by the User of
the prohibition of giving false identity or of placing a double profile pursuant
to point 2, the prohibition of advertising pursuant to point 3, and violation
of the rules of conduct pursuant to point 6. In the event that a User has been
blocked, she shall no longer be allowed to use our website. Furthermore, a blocked
User shall be barred from registering anew. We may terminate the contract at any time by giving 14 days' notice to take
effect as of the end of a calendar month. This shall not affect our right of
blockage. 6. Responsibility, User's Rights and Obligations The User shall undertake not to spread through our services any material and/or information that is indecent, pornographic, obscene, defaming, offensive, harassing, threatening, seditious, racist or in any other way unlawful. Furthermore, the User shall undertake to observe in her contributions general rules of decency and morality. We shall reserve the right to delete contributions in the event that they should violate these rules. The User shall undertake to respect the interests of other Users (including the right to informational self-determination) and not to violate their rights (in particular their general personality right) or the rights of third parties. In particular, the User shall be obligated to give confidential treatment to any emails and other information received from an author not destined for publication, and to not disclose them to third parties without the author's consent. The same shall apply to names, telephone and fax numbers, residential addresses, email addresses and/or URLs. Copyrights and similar industrial property rights of third parties must always be observed. Without the approval of the holder of such rights, the User shall be prohibited from forwarding information, software or any other material infringing thereby third-party rights. The User shall represent and warrant that she will not restrict or prevent free access by other users. It shall be prohibited to remit information, software or other material containing a virus, defect, manipulation or similar damaging elements. Furthermore, it shall be prohibited to send chain letters and/or mass mailings through our systems. It shall not be allowed to place a topic under various categories in the forum, even if such topic is placed in versions addressing different aspects. Contributions to the forum serving exclusively the purpose of carrying on a private chat or which disturb the dialogue of a discussion shall not be allowed. Erotic offers in our public sections (in particular the forum and the comments) shall be prohibited. The User shall, however, be entitled to place such offers in the erotic section. 7. Copyright and Placed Materials The User shall be responsible herself for the contents placed by her, such as texts, data, software, music, links, photos, etc., that are published and spread among the community. Such information is made available to other users in order to allow them to contact the respective User. In the event that a User places materials, such as texts or photos, on our homepage by means of direct uploading through her member account, she agrees that such materials are published and used within lesarion. The services provided by us give access to materials created by or for us which are protected by copyright. It shall be permitted to download such contents to a private computer and make a copy as a printout for private use. The materials made available on the lesarion portal may not be reused for commercial or business purposes, or may not be used and/or utilised for any other activities without written approval. 8. Indemnity The User shall hold us harmless for any claims asserted against us by third parties due to an infringement of their rights through the contents placed by the User on the lesarion portal. In such case, the User shall bear all costs incurred by lesarion in the defence of its rights, including all court and attorney's fees in the amount provided for by law. In the event that third parties should assert claims against us, the User shall be obligated to furnish us promptly correct and complete information available to her which is required for the reviewing of the asserted claims and the defence against them. This shall not affect our right to claim damages beyond this extent from the User. The above obligations of the User shall not apply in the event the User is not responsible for the infringement of such rights. 9. Liability, Warranty We shall only be liable without limitation in case of intent and gross negligence of our legal representatives and executives. In case of slightly negligent breach of duty we shall only be liable if a duty has been violated, the observance of which is essential for reaching the purpose of the contract. In such case, our liability shall be limited to the foreseeable, typical average damage. This shall also apply to slightly negligent breach of duty of our legal representatives or vicarious agents. As service provider we are not obligated by law to review information remitted to us or stored on our portal, or to scrutinise such information for circumstances that may reveal unlawful activities. However, in the event that we should obtain knowledge of such unlawful activities of a User or the existence of such information within lesarion, we will immediately remove such information or block the access to such information. Furthermore, we shall not be liable for damage caused by technical failures in the operation of the services. We shall not assume liability for the services offered by us or their contents being correct, utilisable or usable. Nor shall we assume liability for the contents of other service providers which are referred to by link from our services. We accept no responsibility for the uninterrupted operation of our systems or the fitness for use or accessibility of our services at any time. In particular, we accept no responsibility for the (complete and/or timely) remittance, or deletion of information, data, emails or other messages, or for the messages, attachments or downloads being free from viruses. Nor shall we accept responsibility for software remitted to us or the availability of address data. We are not obligated to keep and maintain existing information, data or services or not to interrupt or change them. 10. Involvement of Third Parties We shall be entitled to commission third parties with the provision of the entire or part of our range of services offered on our portal, provided that this does not cause disadvantage to the User. We shall be entitled to transfer our rights and obligations under the contractual relationship with the User entirely or partly to third parties. In the event of such transfer to a third party the User may rescind the contract. 11. Miscellaneous Place of performance shall be the place of our registered office. If the User is a merchant, a legal entity under public law, or a special fund under public law, place of jurisdiction for all disputes arising from this contract shall be the place of our registered office. In such case, we shall also be entitled to take recourse to the courts of the place of general jurisdiction of the User. Exclusively the laws of the Federal Republic of Germany shall be applicable. We shall reserve the right to modify these Standard Terms and Conditions at any time and to adapt them to the law in force from time to time. We shall inform the User in time of any modifications of our Standard Terms and Conditions. If the User does not object to the new Standard Terms and Conditions within a period of two weeks from their communication, such modified Standard Terms and Conditions are deemed accepted by the User. We will point out in such communication to the User her right of objection and the relevant period of objection. In the event that the User objects to the application of the new Standard Terms and Conditions within such period, we shall remain entitled to ordinary termination of the contractual relationship with the User within a period of 14 days. However, if such modifications affect the interests of the User, the User shall be offered to continue the user relationship under the then modified Standard Terms and Conditions. In the event that any provisions under these Standard Terms and Conditions
should be or become wholly or partly invalid or voidable, this shall not affect
the validity of the remaining provisions or agreements. Instead of the invalid
provision such valid provision shall be deemed agreed upon which comes as close
as possible to the purpose of the contract. This shall apply analogously to
gaps that need to be filled. |
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