Terms and Conditions – RTJ |
With your registration at RTJ (referred to as "operator" in the following) you consent to the terms and conditions as stated here. In case of your dissent with our terms and conditions, you will have to renounce a registration. Persons, who are underage, not having reached their 18th birthday, are not entitled to use this service.
The following terms and conditions administer the terms under which the use of RTJ proceeds. Terms and conditions also apply in case the service is used from outside of the Federal Republic of Germany. By registring the user confirms to have read,understood and accepted these terms and conditions. Deviant arrangements and especially terms of the user contradictory to these terms and conditions will only become valid after the written consent of the operator.
2 Scope Of Services
(1) Operator runs an online forum for personal contacts offering users access to his data base, which they can utilize to get to know each other on a personal basis. This data base contains profiles and information about other users. Users are entitled to check profiles of other users within the data base and can be contacted by them. They can also set up a profile of their own including photos to add to the data base.
(2) For an additional fee male users above the age of 35 have the opportunity to register as premium members. Premium members will be offered additional enhanced functions. They have full access to our contact data base including photos uploaded by other users and can contact them. Female users will be able to use these functions free of charge.
(3) Users will be informed about charges, scope of services and methods of payment before they enter the restricted area and will only be able to utilize these areas after payment.
(4) The contact portal is exclusively offered for private purposes. Commercial use is prohibited.
(5) Operator is entitled to authorize third parties with the provision of parts of the scope of services or even with the entire scope as long as there will be detriments to the user.
(6) Operator cannot guarantee a successful mediation of contacts. Therefore he cannot be made liable in case no contacts were made within the stated duration of the contract.
3 Contract Completion, Inception of Contract
(1) The contract between operator and user concerning the use of the data base materializes by user registration.
(2) The contract for the use of our data base as a „premium member" comes about by order from the user. Operator will grant full access only after receipt of payment.
(3) Duration of premium membership starts with the activation by the operator.
(4) A contract according to para. 1 and 2 is only valid, when the user is as least 18 years old. Operator is authorized to check personal data of users on the basis of suitable official documents. User assures operator to submit copies of official documents – especially ID cards - on operators request.
3a Right Of Withdrawal
(1) User can revoke his or her contractual statement within 14 days in writing ( letter, e-mail)without stating reasons. This period of time starts at the earliest with the receipt of a written instruction. In order to keep the revocation period timely dispatch of the revocation statement suffices. Revocation via e-mail has to be sent to: email@example.com or letters to: RTJ GbR, Loschmidtstr. 15, 10587 Berlin - Germany.
(2) Legal right of withdrawal expires ahead of schedule in case the contract is fullfilled by both sides after a statement of the user, before the user has made use of his right of withdrawal, 312d III.
(1) Use of our services according to 2 para.1 of these terms and conditions is free of charge.
(2) „Premium Membership" for women (2 para. 2 of these terms and conditions) is also free of charge, as long as only contacts to men are sought.
(3) For all other users the following fees for a premium membership will be charged.Fees will be also shown to the user as a customer information again before the conclusion of the premium membership contract.
- Premium access for 30 days: 99,- EUR.
- Premium access for three months: 199,- EUR.
5 Conditions of Payment
(1) Payment of fees has to be made by user in advance without any deductions.
(2) User has bank transfer or PayPal (credit card) as options for payment.
6 Data Privacy
General confidentiality regulations of operator are effective.
7 Termination of Premium Membership Contract and Cancelation Period
(1) Premium membership contract ends after the period stated in 4 para.3.
(2) For counting the contract duration not calender month will be effective but rather the duration of a specified day until the exact same day of the following month.
(3) The contract can be cancelled by the operator without keeping the period of cancelation in case user purposely makes false statements during registration or updates. There will be no refunds in this case.
(4) After expiration or termination of a premium membership the status of user will automatically change to a free-of-charge basic membership with all its restrictions.
(5) Should a premium member erase his or her data before the termination of the premium membership period, he or she will be informed that relevant data cannot be restored. With self-executed delition of data the premium member relinquishes the remaining time entitlements. He or she will be informed about this before delition. A refund for already payed charges will not take place.
8 Termination of Free Membership
(1) A free membership according to 2 para. 1 of these terms and conditions can be cancelled anytime with an e-mail.
(2) Free membership contracts can be terminated by operator without keeping any cancelation periods or stating reasons.
(3) After the termination of the contract all user data will be erased, with the exception of data needed longer after the termination for the purpose of later evidence for illegal actions of users.
9 Liability of Operator
(1) Operator will be liable for damage on live, body and health in connection with his service as long as the damage is based on grossly negligent breach of duty by operator, his legal representatives or auxilary persons respectively or on intention of the operator, his legal represantatives or auxilary persons respectively
(2) Operator will be liable for damage on other legally protected interests than live, body and health as long as the damage is based on grossly negligent breach of duty by the operator, his legal representatives or auxilary persons respectively or on intention of the operator, his legal representatives or auxilary persons respectively
(3) Operator cannot be held responsible for incorrect statements made by users in their registrations, as for the data bases extensiveness information added by users cannot be always be checked. He does not asume liability for possible abuse of information by other users or third parties. This applies especially when users made information available themselves. Operator is also not liable for unauthorized access to personal user data by third parties (e.g. an unauthorized access to the data base by „hackers"), as long as it is not the operator´s actual fault (in consideration of the restraint mentioned under 1 and 2 of this paragraph) or the fault of his legal represantatives or auxilary persons. Operator is entitled but not obliged to check contents of submitted texts, pictures or files concerning the principles of the terms and conditions and, if neccesary, to modify or delete them.
(4) Operator cannot be held responsible for insignificant problems with his service. Furthermore the operator is liable for breakdowns of his service which he is not responsible for such as force majeure, technical failures of the internet or maintenance work.
10 User Duties
(1) User is soley responsible for the provided content and therefore information uploaded about him or herself.
(2) User assures that the provided data is correct and describes his or her person adequately. Both parties agree that is it has to be considered a legitimate interest of the operator to be able to check correctness of provided data if neccessary.
(3) It is particularly prohibited for men to masquerade themselves as women in order to obtain free privileges of a premium membership by fraud. This can lead to a to a fixed rate claim for damages amounting 300€ according to 12 para. 2.
(3) User shall indemnify and hold operator harmless from and against any and all liability, damage, expense and cost arising out of a legally justified claim that results from his registration and/or his or her participation in this service, as long as these damages do not result from intention or gross negligence of the operator, his legal representatives or auxilary persons. User particularly commits to indemnify operator from all duties, charges or claims resulting from damages caused by libel and slander, violation of personal rights or caused by breakdown of services for users, violation of intangible property or other rights.
(4) User obligates him- or herself not to intentionally display data (incl e-mail adresses) of third parties as his or her own. In particular he or she obligates him- or herself not to issue banking connections or credit card data of third parties in fraudulent intent.
(5) User commits him- or herslf to observe the respectively applicable laws when registring or using the contact portal.
(6) User obligates him- or herself to keep e-mails and other messages in confidence and not make them accessible to third parties without the consent of the author. The same applies for names, telephone and faxnumbers, adresses, e-mail adresses and/or URLs.
(7) Furthermore every user commits him- or herself not to misuse the service, in particular:
- not to spread defamatory, obnoxious or in any way illicit material or information;
- not to use the service to threaten or amuse other persons or to violate the rights (incl personal rights) of third parties;
- not to upload virus-infected data (infected software). Not to uploaded copyright-protected software or other material, except the user owns the rights or has the necessary approval;
- not to use the service in a manner, that negatively affects the availability of submissions of other users;
- not to intercept e-mails or try to do so;
- not to advertise for other, non-commercial contact portals. Advertisement for other commercial contact portals breaches the prohibition according to 11 of these tterms and conditions.
- not to send chain letters;
- not to mention names, adresses, telephone or faxnumbers or e-mail adresses in the personal description(profile).
(8) Every member is prohibited to add an e-mail adress, telephon numbers or any other entries into visible desciption fields („About Me", „Why RTJ "), which make availabilty outside of RTJ possible.
(9) Nonobservance of one of the aforementioned rules of conduct can lead to immediate cancelation of membership and also cause consequences under civil or criminal law for the user. In particular compensation for damages according to ? 11 para. 2 of these terms and conditions may occur. The operator reserves his right to suspend users from the service in case in his view immoral, obscene or politically radical contents or pictures shall be spread with a registration or the use of our service.
11 Prohibition of commercial utilization and prohibition of spamming
(1) User reassures, that he or she does not follow any commercial or mercantile interests with his or her membership. He or she agrees not to make use of RTJ in any commerical manner.
(2) Commercial utilization is particularly a reference to telephone services (mentioning of a telephone number) or a link to a commercial website.
12 Compensation for Damages
(1) Users, who utilize their membership for commerial purposes according to 11 of these terms and conditions, covenants to pay a fixed-rate compensation of 4000,- € In this case users is allowed to prove, that no damage was caused or that the damage is considerably less than the paid compensation. Operator is entitled to prove that a considerably higher damage has been caused.
(2) In case of intentional or grossly negligent violation of duties described under 10 user covenants to pay a flate-rate compensation of 300,-€ to the opertator, if the violation did not already caused a fixed-rate compensation according to (1) of this paragraph. Users are allowed to prove, that no damage was caused or that the damage is considerably less than the paid compensation. Operator is entitled to prove that a considerably higher damage has been caused.
13 Copyrights and Utilization
(1)User assures, that he or she does not upload any pictures or other works to this conatc portal without authorization according to the corresponding copyright arrangements.
(2) Users do not have any claim to the publication of their data or pictures.
14 Alterations of Terms and Conditions
(1) Operator reserves the right to alter these terms and conditions
(2) User declares, that he or she agrees to application of altered terms andc conditions to contracts already closed, when operator indicates any alteration of terms and conditions and user did not disagree within a time period of two weeks starting with the day the alteration was issued.
(3)The notification of alteration has again to include the possibility for disagreement, the time period for such disagreement as well as the meaning and consequences of a failure to disagree. The notification can be carried out by e-mail to the e-mail adress spcified by the user.
15 Final Clause
(1) Alterations of contracts, additions or additional agreements, as long it is not stated otherwise in these terms and coindtions, shall be in writing to become effective.
(2) Contractual relations between contracting parties are subject to the jurisdictions of the federal rebulic of Germany with the exclusion of Uniform Law on the International Sale of Goods (CISG) and law of conflicts
(3) In case of ineffectiveness or partial invality of a clause of these terms and conditions the effectiveness of all other clause remains intact. (severability clause). An ineffective or partially invalid clause will be substituted by a clause which comes clossest to the original clause under commercial consideration.