User conditions Dates4Cash
Article 1. Definitions
1- Dates4Cash: D4C Media Netherlands, established in Utrecht, the Netherlands.
2- Dates4Cash.com: the online datingservice of Dates4Cash.
3- D4C Media Netherlands: Holding of Dates4Cash.com
4- Membership: the agreement between the Member and Dates4Cash on the basis of which the Member gets access to and obtains the right of use of Dates4Cash.com.
5- Account: registration with the purpose to find a suitable partner for life.
6- Profile: the (personal) data of a member, placed by this member on his or her Account.
7- Member: the natural person who has an Account on the Dates4Cash system.
8- Content: All the data and information placed by Dates4Cash and / or her partners, amongst which but not limited to are text, photo's, graphic images, data, sound, applications, software.
9- User content: All information placed by a member of Dates4Cash such as but not limited to personal data, text, photo's, graphic images and feedback.
Article 2. Access. registration and membership
1- A member has to have reached the age of 18 years and have completed all required fields of the registration form correctly and completely. It is not permittedto register under an other name or to assume a false identity.
2- The membership is individual, personal and not transfereble. It is not permitted to register as a couple.
3- Dates4Cash is entitled to demand a copy of the identification document of the requester so as to verify the registration.
4- The membership starts the moment that Dates4Cash has confirmed this ( by sending) by issuing a login code and a passwordwith which an Account can be prepared.
5- Dates4Cash retains the right to refuse registration for Membership without the giving the reason for refusal.
6- The issued login code and password are strictly personal and confidential and the Member is obliged to deal with this information carefully. The login code as well as the password may never be exposed to third parties or made public in any way.
7- The Member is entirely responsible and eligible for the use of his or her login code and password as well as for all actions taken via the member account.
8- If and when the Menber suspect that his or her login code, password, Account and / or identity is being misused or illegally used, he or she is required to notify Dates4Cash immediately. Dates4Cash is such events is entitled to take the necessary measures and precautions to protect the safetyof (the mebbers) of Dates4Cash and the Members will have to cooperate with this action by Dates4Cash.
9- Dates4Cash retains the right to change the current registration rules without any notification in advance or require additional conditions of entry to become a Member of Dates4Cash.com.
10- A Member is not allowed to register more than one Membership or more than one Account or Profile, or on behalf of third parties allow these to register one or more Members, Accounts or Profiles in the name of this Member.
Article 3. The use of Dates4Cash.com
1- The purpose of the Membership of Dates4Cash is to find suitable partner for life. The information provided by the Member op his Account is intended to support this purpose.It is not allowed to use the Account for any other purposes such as performing irregular or illegal actions, or committing punishable offenses and / or actions which, in the opinion of Dates4Cash are violating general accepted norms, rules and principles.
2- Each Member registers with Dates4Cash.com on his or her own risk. This means that the Member itself is directly responsible for the extend to which this Member supplies its personal information to other Members. or to which extend this Member entertains reactions of other Members, or other Members supplies with his or her contact data, or meets other Members and does or does not enter into a relation or discontinues a relation.
3- The Member will distance itself when using Dates4Cash and communicating through Dates4Cash and using the facilities offered by Dates4Cash from:
a- infringing on ( intellectual property-) rights of third parties ( including bot limited to copyrights, trademarksand datastorage rights);
b- committing (virtual) theft;
c- speading of secret or confidential data;
d-Speading illegal or inproper texts and / or vedio-and sound material, meaning racist expressions, (child-)pornography, criminal data exchange, insulting expressions and so-called mailbomms;
e- Demonstrating obscene or ( suggestive) sexual expressions;
f- The use of data from other Members for purposesto which this data is not intended, meaning the supply of this data to third parties or the sending of spam, chainletter schemes or mailings with a commercial character;
g- Committing computer / software breach, called hacking;
h- distroying or damaging or rendering useless of systems or works of automation including software of others;
i- the speading of virusses and or otherwise purposely disrupting of communication or data storage;
j- obtaining access to the Content and /or the User Content by using false keys, false codes or false means;
k- disturbing ( purposly or not) the use of Dates4Cash by other Members;
4- Furthermore Members of Dates4Cash in using Dates4Cash and communicating through or on behalf of Dates4Cash are not allowed:
a- to enter deriect or indirect contact data such as telephone numbers, street addresses, last names, URL's, email addresses or any other personal traceble data in a Profile;
b- to request contact data from other Members;
c- to send more than three email messages to the same Member within 24 hours, without having obtained the permission from this Member first;
d- To publish photo's of a sexual nature, youth photo's, group photo's, animal photo's or photo's of other people than the Member itself;
e- to use a Profile as a blog, column or or otherwise place texts of images which are not directly or indirectly aimed at the search for a partner;
f- To assume a false identity or present itself as some othe rperson;
g- to use Dates4Cash.com in any way for the use of advertizing of services or products, or for any other (commercial) purposethat is not in line with the objectives of Dates4Cash;
5- Profiles are supposed to contain honest and correct data concerning a Member and may not be misleading. The information placed in the Profile needs to be accurately maintained by the Member and in case of any changes immediately adapted and up-dated.
6- Dates4Cash is entitled to review and check all Profiles and is furthermore entitled to remove, refuse or change or even block ( temporarely or definitively) an Account and prevent access to Dates4Cash temporarely or permanently, when the use of Dates4Cash is in violation with the Conditionds of Use. Dates4Cash can do so without advanced warning, without any declaration of reasoning, or notice of misuse and without judicial intervention.
Article 4. Pricing and payments conditions.
1- All amounts are in Euro's and inclusive VAT unless explicitly mentioned.
2- Dates4Cash reserves the right to change pricing and paid services without any prior notification.
3- Dates4Cashretains a commision of 25% of the accepted bidding amounts. Those who make a bidding and those who accept the bidding agree to the fact that Dates4Cash retains 25% of the offered amount on the total amount to be paid out.
4- In the case that an amount due for payment is not paid in a timely manner by a Member, this Member is liable, wothout notice, fot the cummulative legal interest starting from the original due date on the total amount outstanding. This liability persists even if there is no notification. Dates4Cash has the legal right transfer the obligation to a collection agency ( factoring).
5- Amounts paid by the Member will not be restituted or paid back, unless the date did not take place. In that case the returned amount will be that of the original paid-in amount minus the 25% commission for Dates4Cash.
Article 5. Privacy
The privacy policy as described by the Dutch government is an integral part of the Conditions of Use.
Article 6. Intellectual Property
1- All (intellectual ) property rights with regards to Dates4Cash like, but not limited to, site design, artistic design, trade names and brands as well as the Content of Dates4Cash, with exception of the user content, are the property of Dates4Cash and /or her partners. The Member, without written permission, has to refrain from infringment to these rights, meaning the publication, reworking, multiplying, copying, or otherwise (re)useall or part of the Content.
2- It is forbidden to rework, copy, download, multiply, or transmit, to use commercially and / or to distribute or make public, any of the services, webpages, computercodes or elements of these services of Dates4Cash.
3- The Member guarantees that the data he or she has placed in the Dates4Cash database in no way infringes on (intellectual) property rights of third parties and holds Dates4Cash immune from any claims of third parties and for any or all damages ( inclusive costs) which Dates4Cash might incurr as a resullt of such claims. By uploading the Usercontent the Member has the irriverseble right, without payment, to make public, to rework, to multiply, to copy or otherwise to (re)use this data within the framework of services set by Dates4Cash, including but not limited to mailings, newsletters and so on. Dates4Cash therefore is entitled to, amongst other things, to use a photo placed by a member in her or his profile in banners and other expressions such as Dates4Cash advertizements, unless the Member in her or his profile has clearly indicated that the photo may exclusivily be shown at the request of another Member.
4- Members are not allowed to make public, to rework, multiply, copy or use other wise any of the Usercontent placed by third parties on Dates4Cash.com without explicit permission of the rightful owners.
Article 7. Termination of membership
1-The membership of any member can be terminated at any time via the website, by email to [email protected] or to Dates4Cash Netherlands, with reference to the registration number. Termination of the membership does not entitle the Member to any restitution of any amounts paid to Dates4Cash and leaves any open amounts by Dates4Cash to the Member unaffected.
2- Dates4Cash has the right, at her own discretion, and without any notification or formal or legal interference, to terminate the menbershipwith immediate effect when:
a- a member does not comply with the Conditions of Use or otherwise not or partially honors these terms;
b- a member acts in contradiction to legal requirements;
c-the member is suspected or convictedof committing a legal crime;
d- the member is has been subject to supervision by a curator, or has been subjected to debt restructuring or when it is plausable that the member will most likely not be able to comply with the obligations that are a consequence of the membership;
e- Dates4Cash has received one or more sustained and founded complaints for a particular member. In the case of termnination of the membership by Dates4Cash, Dates4Cash has the right to eliminate all eventual database files immediately so as to prevent this member any further access to Dates4Cash.
3- When, through an Act of God, Dates4Cash can not comply with its obligations for a period of over one month to a Member, Dates4Cash is entitled to terminate the membership by sending the member a notification of termination by email or in writing.
4- In the case Dates4Cash decides to ( completely or partially) terminate its activities, it thereby automatically terminates the membership.
5- Termination of the membership in line with the above will never lead to any responsibility of Dates4Cash and will leave open and due any payments by members to Dates4Cash in tact.
Article 8. Non adherence; Liabilities of a Member
1- In the case a Member is not adhering to any of its obligations as a consequence of its membership, meaning but limited to, ignoring any regulations within the conditions of Use by the Member, then Dates4Cash is entitled, without any notification and withoutn any legal interference, to
a- change the Profile;
b- Block the account temporarely;
c- Terminate the membership; This will not remove any right to claim damages or any other legal rights to Dates4Cash in line with the Conditions of Use and / or its legal rights.
2- The Member is liable for the misuse of its login code, password,and / or Account, and holds Dates4Cash free of any claims from third parties , including any other consequences for Dates4Cash as a result of the non adherance by the Member to the Conditions of Use or otherwise.
Article 9. No guarantee; liability of Dates4Cash
1- Dates4Cash makes a best effort to maintain the system and keep it free from virrusses whilst making sure the system is available around the clock whereby ther planned maintenance will be anounced in a timely manner.
2-Dates4Cash does in no way guarantee that:
a- A membership does result in the allocation of a (suitable( partner or e (successful) relation;
b- the published Content and User content is correct, complete and suitable for the purpose for which it was intended;
c- the operation of Dates4Cash is without errors and will not be interrupted by unexpected breakdowns or necessary repairs;
3- The User content, placed on Dates4Cash including third party inputs such as opnions, columns, articles, advices, notifications, advertisements, offerings or any other information are originated by the applicable auteurs and / or offerers. Dates4Cash is not responsible for its content and can not guarantee its correctness, completeness and o/or useful purpose.
4- In the case of deliberately or grave misbehavior, likely caused by Dates4Cash, Dates4Cash is not responsible for( the consequences of):
a-the breakup of existing or new relations as a result of the menbership;
b- the behavior of other members or third party members as a result of the membership or use of Dates4Cash;
c-the use of information published on Dates4Cash;
d- the loss of a loin code and / or password or the illegal use of the Account of the identity of the Member;
e- the use by other Members or other third party persons of information which has been published or send by a member of Dates4Cash;
f- non-availability and / or unreachability of Dates4Cash, leakage of confidential information or ( electronic) shutdowns.,
.Article 10. Closing conditions
1- In the event of a full or partial take-over, merger or legal split of Dates4Cash, the rights and obligations of Members as a consequence of the Membership will transfer to the acquiring party and the Member is required to fulfill his or her obligations as a result of the Membership and Conditions of Use to the acquiring party.
2- The Conditions of Use can be changed by Dates4Cash at any moment. The changed conditions will be published by Dates4Cash and will apply to all current memberships.
3- In the case that a condition within the Conditions of Use appears to be null and void, this will not in any way adversely impact or interfere with the remaining conditions. Dates4Cash will in such event, define a new condition which will approximate the meaning of the original condition.
4- In all cases where the Conditions of Use do not forsee, Dates4Cash will decide.
5- Both the membership and the Conditions of Use are subject to the law of the Netherlands. Differences of opinion between a Member and Dates4Cash will be exclusivily presented to the appropriate judge in Utrecht, or if so choosen by Dates4Cash, to the judge in the domicile of the Member.