Terms and conditions
For using the service of marriagemaking.com
1. Service and operators
The service marriagemaking.com, available at marriagemaking.com, (hereinafter the "Service") is a service of Martin Gerl, C./ Escocia 4, 4º, 7ª, 07015 Palma de Mallorca, Spain (hereinafter the "operators").
2. Coverage and General Information
2.2 The service, its content and the visible part of the service data, are available for the user only for purely private or non-commercial purposes. Any use for other purposes, particularly for industrial or commercial purposes is prohibited.
2.3 Users of the service can only be people of legal age (over 18 years). People under 18 years can not use the service. By registering with the service (see para. 4), the user assures to be at least 18 years old.
3. Performance of the service
3.1 The service is an Internet exchange for partner-Marriage Making customers. The operator offers the user access to its database. This database allows users to build partnerships and friendships with other members. In addition, this database contains profiles and information about other users. The user can view the profiles of other users and can be contacted to a limited extent, and create a profile including up to 10 Public photos and 10 Private photos in the database. The customer appears to third customers only under an anonymous requested name (nickname). The users also have the opportunity to upgrade their existing free membership to a paid "Premium membership". A "Premium member" has in addition to the features of the free basic membership additional functions also available. Thus, a "Premier member" among others has access to the messaging system of the service and may write free messages to other "Premier members".
3.2 The operator promises no successful contact with other users of the service. Subject of the contract is not a marriage agency. Subject of performance is only the - depending on the type of membership that members differently designed - procuring the opportunity to communicate with the users of the service.
4. Subject of the Membership Agreement and contracts
4.1 Subject of membership contracts is in each case the use of the services by the user within the scope of the selected membership. Using the service is only possible by appointment by the user and acceptance of the application by the operator. Users can access two types of using the service or membership to choose from:
4.1.1 On one hand there is the possibility of the free, limited use of the service within the basic membership (hereinafter "Basic Membership");
4.1.2 Secondly, there is the possibility of the extended paid use of the service as part of the Premium (hereinafter referred to as "Premier membership") membership. This assumes a previous registration as a base member.
4.2 The description of the memberships, their scope of services and the prices of Premier memberships are shown in the illustrations within the Service.
4.3 The possibility to use the service offered or the possibility of the application or registration to the service - whether for free (basic membership) or paid (Premier membership) - is always non-binding and does not state a binding offer of the operator to conclude a corresponding license agreement. Rather, it is to be seen as a prompt to the user to submit an offer for the conclusion of a license agreement. With the completion of the relevant filing or ordering process by the user on the Internet portal of the service that makes a binding offer for the conclusion of the contract (basic membership or Premier membership) on the use of the Service. The operator may accept this offer of the user by separate email or by providing the relevant service within three working days, otherwise the user is no longer bound by its offer. Only through this acceptance the contract is concluded between the user and the provider. The operator is not obliged to conclude a contract. The operator may refuse to accept the application or reject (the conclusion of the agreement) without stating a reason.
4.4 The user must log into the service first as a base member. Then the user has the option to purchase a paid Premier membership.
5. Right of Withdrawal
Consumers in terms of of the Civil Code have a right of cancellation as follows:
Right of cancellation
You have the right to withdraw this contract within fourteen days without providing a reason. The withdrawal period is 14 days from the date of conclusion.
To exercise your right of cancellation, you have to inform us (C./ Escocia 4, 4º, 7ª, 07015 Palma de Mallorca, Spain, E-mail: firstname.lastname@example.org) with an explicit statement (e.g. by letter or e-mail) about your decision to withdraw from this contract. You can sure use the attached model withdrawal form, which is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your notice concerning the right of withdrawal before the withdrawal period.
Consequences of the withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including the shipping costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, which is cheapest standard shipping) immediately and at the latest within fourteen days from the date on which the notification about your cancellation of this contract with us has been received. For the repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in no case will you be charged any fees for this repayment.
If you required that the services began during the withdrawal period, you will have to pay us a reasonable amount in the proportion of up to that point, to which you informed us of your withdrawal of this contract, services rendered compared to the total amount for the contract provided equivalent services.
6. Obligations of the user
6.1 As part of the application to the base membership, the order for the Premier membership and the system of the user profile of the user various information are questioned. It can be both mandatory and optional information. The user has to assure that the information provided by him in each case is complete and correct, and that in particular the by him provided contact information is valid and assigned to him. The user is required, changes about their information given by them to update mandatory immediately in their profile.
6.2 The user is obliged to keep his access for using the service secret. In particular, is it not allowed to provide access to third parties or to allow third parties to use the services with the user's login information. If there are reasonable reasons to suspect that a third party has come to have knowledge about his credentials, he is to contact the operator without delay and to change his password.
6.3 As part of using the service the user has to refrain from the following:
6.3.1 The as part of the service visible to other users of the service rendering, overlay or other indication of contact information (e.g. phone number, address, e-mail addresses, etc.) or other information (e.g., links to profiles of the user on other social networks or other services, usernames on other social networks or other services, etc.) can be used for contact between users of the service, bypassing the service or its notification systems.
6.3.2 Any use of the Service, its content or the visible through the Service data for industrial or commercial purposes, in particular any contact or other response from other users of the service within the Service for the aforementioned purposes.
6.3.3 Content of the service or data of users of the service to systematically read or copy or export otherwise and to use them outside of this service.
6.3.4 Activities and the publication of contents of any kind that violate the law, infringe third party rights or violate the principle of protection of minors. In particular, the following Actions will be prohibited:
- setting, distribution, supply and application of pornographic, offending against youth protection laws, against privacy rights and / or against any other legal and / or fraudulent content, services and / or products;
- the use of content, which insults or slanders others users or third parties;
- use, providing and spreading of content, services and / or products that are protected by law or charged with third-party rights (for example copyright), without being expressly authorized to use them.
6.3.5 Regardless of a possible violation of the law when setting your own content through the Service and in communications with other users (for example, by sending personal messages, by participating in discussion forums or writing guestbook entries) the following activities:
- spreading viruses, Trojans and other malicious files;
- sending junk or spam mail and chain letters;
- spreading of offensive, sexually embossed, obscene or defamatory content or communications, and such content or communications that suitable to promote or support (both explicitly or implicitly) racism, bigotry, hatred, physical violence or illegal activities);
- the harassment of other participants, for example, by repeated personal contact without or against the reaction of the other user, and promoting or supporting such harassment;
- inviting other users to reveal passwords or personal data for commercial or legal or illegal purposes;
- the distribution and / or public communication or making available of available through the Service content, except to the extent expressly permitted by the respective author or explicitly provided as functionality through the Service available.
6.3.6 Any action that is likely to affect the smooth operation of the service, in particular, the charging of the systems of the operator in excess.
7. Availability of the service
The service is continuous 24 hours, seven days a week operational with an availability of 98% in the monthly average. This does not include downtime caused by maintenance and software updates, as well as periods in which the web server (force majeure, third party, etc.), is not available over the Internet due to technical or other problems that are beyond the control of the operator. If it is foreseeable for the operator that downtime for maintenance and software updates take longer than three hours, the operator will inform the customer at least three calendar days prior to commencement of work.
8. User Content
8.1 Users can customize their user profile under the present conditions of use as they wish. Here the limitations of the point. 6 are to be respected.
8.2 By posting content through the Service, the user grants the operator in each case a gratuitous and transferable right to use the respective content, in particular
- for storing the content on the server of the operator as well as their publication, in particular making it available to the public (for example, by displaying the content on the Internet through the Service)
- for processing and duplication, to the extent necessary for the provision or publication of that content, and
- for granting - also remunerated - usage rights to third parties to content within the use of the Service.
The above usage rights is forfeited if and when the user removes the content posted by him from the service. The operator keeps entitled to keep copies of the content created for backup and / or detection purposes. The third users to set by the user content previously granted rights of use also remain unaffected.
8.3 The user is fully responsible for the content posted by him alone. The operator does not check the contents for completeness, correctness, legality, timeliness, quality and fitness for a particular purpose. The user assures towards the operator and is responsible for ensuring that it is the sole right to dispose regarding the content posted by him, especially that he is entitled to give the operator the rights granted herein, and that he has not made conflicting available any of the contractual rights granted or becomes. The user shall free the operator against all claims of third parties in connection with the contractual use of the content, including the costs of appropriate legal defense, in the alternative, he will compensate him. This does not apply if the user is not responsible for the infringement.
9. Duration and termination of usage contracts
9.1 The basic membership is for an indefinite period and may be terminated by the user at any time. The operator may terminate the basic membership with a notice period of 14 calendar days at the end of the month
9.2 The Premier memberships are offered with terms of different durations. Details are given in the product description. For Premier memberships, the membership in each case renews to the originally booked period. The user can cancel their subscriptions from their PayPal payment account.
9.3 The parties' right to terminate the contract for an important reason shall not be affected by the above provisions on termination.
9.4 With effective date of termination, the contractual relationship ends and the user may no longer use the contractual access. The operator is entitled to block the user name and password when the termination becomes effective.
9.5 The operator is entitled, upon the expiration of 30 calendar days after the termination becomes effective and after any statutory provision deadlines to delete all data created by the users during the use of the Service irretrievable.
10. Blocking access
10.2 In case of temporary or permanent blocking, the operator blocks the access authorization and notifies the user of such by e-mail.
10.3 In case of temporary closure the operators reactivate after the passing of the timeout and notifies the user of such by e-mail. A permanently blocked access authorization can not be restored. Permanently suspended users are excluded from participating in the service regularly and may not re-enroll with the service.
11.1 For payment, the following payment methods are available:
We accept Visa, MasterCard and American Express through PayPal account.
11.2 Users are not entitled to settle claims against the operator, unless the counter-claims by the user are legally established or undisputed. The user has to set off against claims of the operator also has the right when the user makes counterclaims from the same contractual claim. The user exercise withholding if his counterclaim arises from the same contract.
12. Liability of the operator
12.1 For willful or grossly negligent breach-regardless of the reason- the operator is liable pursuant to the statutory provisions.
12.2 In the case of simple negligence, the operator is liable only for damages resulting from the breach of a contractual obligation. Essential contractual obligations are those that enable the fulfillment of the proper execution of the contract and on whose observance the user may regularly trusts. In case of breach of contract, the liability to the foreseeable when concluding the contract, typically occurring damage is limited.
12.3 The limitation of liability in accordance with 12.2 shall not apply if it comes to damage from injury to life, limb or health or claims under the Product Liability Act, or if a defect was fraudulently concealed or a guarantee has been applied to the condition.
12.4 The above exclusions and limitations apply to the same extent in favor of the organs, legal representatives, employees and other agents of the operator.
13. Automatic Renewal
In order to provide continuous service, Marriage Making provides for automatic renewal. Whether it exercises the right or not, MarriageMaking.com has the right to automatically renew Your Membership from month to month. UNTIL TERMINATED, MARRIAGEMAKING MAY AUTOMATICALLY RENEW ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE. After Your initial subscription commitment period, and again after any subsequent subscription period, Your subscription will automatically continue for an additional equivalent period. By entering into this Agreement, You acknowledge that Your account will be subject to the above-described automatic renewals. If You do not wish Your account to renew automatically, or if You want to change or terminate Your subscription, please log in and go to “My Settings” on the Website and follow the directions contained therein.
14. Violations of the terms and conditions
When You deactivate Your Marriage Making account or if Your account is suspended for violating this Agreement or other policies, You agree that any remaining or unused subscription and credits will be forfeited and no refunds will be issued for any remaining or unused Membership subscription and credits. Further, if Your deactivated Marriage Making account is reinstated at a later date, You agree that any remaining or unused Membership subscription and credits You have remaining at the time of Your account deactivation will not be reinstated with Your account.
16. Changes to the Conditions
17. Concluding Provisions