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TERMS OF USE


1 INTRODUCTION


1.1 The following Terms of Use (“Terms”) govern the agreement between
Dateblaster AG (“dateblaster”, “us”, “we” or “our”) and the visitors, users and
customers of its dating website services (“User(s)”, “you” or “your”).
dateblaster’s registered office is at Zugerstrasse 6, 6330 Cham, Switzerland.
Our VAT number is CHE-431.663.693 MWST.


1.2 Users must read these Terms carefully. These Terms set out the basis on
which Users are allowed to access and use websites operated by dateblaster (the
“Service”) and the services available through the Service.


1.3 The Service is run and provided by dateblaster.


1.4 The privacy of Users’ personal data is important to us. Please see our
Privacy Notice, which forms part of these Terms for details of how we will
process, use and share your personal data. dateblaster also uses cookies and
similar technologies. Please see our Cookie Policy, for more details of how we
and others use cookies and similar technologies.


1.5 The Service is a dating platform which offers Users the possibility of
creating an online dating profile and indicating that they are interested in
options such as partnerships, friendships, one-night-stands or extramarital
affairs. The Service offers the opportunity to contact real, like-minded men or
women, couples or additional partners.


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2 USE OF THIS SERVICE AND OUR ADDITIONAL SITES


2.1 Access to and use of the Service is subject to these Terms. By continuing to
access and use the Service, you agree to be legally bound by these Terms.


2.2 dateblaster operates on a centralised platform which provides various dating
services and sites via various domains belonging to us. dateblaster operates
these various dating sites and services under other names and / or domains
(“Additional Sites”). In order to provide you with access to the largest
possible number of profiles, we allow you to access profiles on the Service and
on the Additional Sites. Likewise, users of those Additional Sites can also
access your profile published on this Service. Please note that registering on
this Service will mean that your profile will be made available on all of
dateblaster’s Additional Sites.


2.3 dateblaster’s Services are offered and you agree to only use the Service
(including any Additional Sites) exclusively for private, non-commercial
purposes.


2.4 dateblaster provides both free and fee-based Services. Free registration
enables the User to create a profile, view the profiles of other Users and send
predefined messages to other Users (“Free Membership”). Users who register for
the additional paid Service may, in addition to the free services, contact other
Users and send personalised messages to them (“Premium Membership”). Premium
Membership can be subscribed to for different periods of time (e.g. one month,
three months or six months). Before providing access to the benefits of Premium
Membership, the User shall be informed about the scope of the Services as well
as the price and terms of payment.


2.5 We may update these Terms from time to time for legal or regulatory reasons,
or to reflect changes in our services or practices. We endeavour to notify Users
by email of any material change that affects such Users. However, you should
regularly check this page to see if any changes have been made.


2.6 For Premium Membership Users, any changes will become effective from the
date of the User’s next payment following the change unless we notify such Users
otherwise. For Free Membership Users, any changes will become effective as soon
as we notify such Users of them or otherwise make them available on the Service.


2.7 If you continue to use the Service following any variation of these Terms,
then you will be deemed to have accepted such variation. If you do not agree to
such variation, you should stop using the Service.


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3 MEMBERSHIP & REGISTRATION


3.1 dateblaster does not allow persons under the age of 18 to use the Service.
If we have doubts about your legal age or any other personal details, we will
ask you to provide proof of age or appropriate identification. If you fail to
provide such requested information within two weeks, we are entitled to withdraw
the Service from you and terminate any Free or Premium Membership without
notice.


3.2 To apply to receive dateblaster’s Services you must provide us with some of
your personal data (including name, gender, date of birth, email address), which
we will use in accordance with our Privacy Notice. Upon registering, the User
will then be asked to accept these Terms and acknowledge our Privacy Notice.


3.3 In addition to the Free Membership, we offer Users the opportunity to
subscribe to a Premium Membership. By clicking the ‘Buy now’ button, the User
submits an offer to conclude a contract for dateblaster’s Premium Membership. We
will confirm the acceptance of the offer to the User by either activating the
Services available for Premium Membership or sending the User an email. We will
supply the Premium Membership to you until your Premium Membership subscription
expires (if applicable) or you terminate your Premium Membership in accordance
with Section 5 (Right to Cancel) or Section 6 (Termination) or we terminate your
Premium Membership for your breach of any of your obligations.


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4 FEES


4.1 Before the User subscribes to Premium Membership, we will inform the User of
the applicable fees, the method of payment as well as the duration of ongoing
payment obligations. If you have subscribed to a one, three or six month Premium
Membership and do not terminate your Premium Membership in accordance with
Section 5 (Right to Cancel) or Section 6 (Termination), it will automatically
renew and your payment method will continue to be charged for each renewal
period.


4.2 The fee for Premium Membership is to be paid in advance to us and will be
collected in full using the payment procedure selected in the ordering process.


4.3 If it is not possible to collect the full payment amount, we reserve the
right to collect this amount in separate instalments at our own discretion.


4.4 If you fail to pay your Premium Membership fees, we may appoint a debt
collection agency to recover the sums owed by you. In which case, you agree to
pay all reasonable costs, including collection fees, incurred by us in
recovering the amounts you owe. We will send you several emails notifying you
that there are fees owed before appointing a debt collection agency. Please
ensure that if you wish to terminate your Premium Membership that you inform us
by following the procedure in either Section 5 or 6 below, otherwise we will
assume that you want to continue you with your Premium Membership.


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5 RIGHT TO CANCEL


5.1 When you subscribe to Premium Membership you agree to receive the Services
available for Premium Membership immediately.


5.2 As a consumer, you have the right to cancel your Premium Membership within
fourteen (14) days from the date on which you subscribed to Premium Membership
without giving any reason (the “Cancellation Period”).


5.3 To exercise your right to cancel, you must within the fourteen (14) day
Cancellation Period send to us a notification clearly stating your decision to
cancel your Premium Membership, for example, in a letter sent by post, fax or
email.


Effects of cancellation


5.4 If you terminate your Premium Membership during the Cancellation Period and
you have:


(a) not accessed the Premium Membership, we will refund the entire Premium
Membership subscription fee received from you; or


(b) already accessed the Premium Membership, for example by sending personalised
messages to other Users, but subsequently cancel, we will refund the
subscription fee received from you minus a pro rata amount that corresponds to
the number of days you have accessed the Premium Membership over the total
subscription length.


5.5 In any event, we will provide you with the applicable refund amount without
undue delay and within fourteen (14) days of the date on which we received your
notice to cancel your Premium Membership. Unless expressly otherwise agreed, we
will use the same means of payment for your refund that you used for subscribing
to Premium Membership. You will not incur any fees as a result of the
reimbursement.


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6 TERMINATION OF MEMBERSHIP


6.1 Free Membership: You are entitled to terminate your Free Membership at any
time by selecting the ‘Delete profile’ button within the Service. After the Free
Membership has been terminated, your profile and the corresponding data records
will be deleted, except to the extent that our legal requirement requires the
storage of such data.


6.2 Premium Membership: You can cancel within the fourteen (14) day Cancellation
Period, see Section 5 above. You are also entitled to terminate your Premium
Membership at any time by providing 14 days’ notice prior to the end of the
subscription term. If the 14 days’ notice period ends after the subscription
term your Premium Membership will automatically renew but will terminate at the
end of the renewed subscription term. Termination of a Premium Membership must
be made in writing to support@datingcustomercare.com. The notice of termination
should include your full name, Premium Membership details, email address and
username used for registration in order to ensure successful processing of the
termination.


6.3 Where offered on the Service, if you signed up for a subscription of less
than 30 days (e.g. on a short term trial basis), you are entitled to terminate
the Premium Membership effective immediately at any time.


6.4 Termination of the Free Membership as well as of the Premium Membership is
confirmed by sending an email to the User’s current registered email address.


6.5 dateblaster is entitled to immediately terminate a User’s Free or Premium
Membership if:


(a) the User violates user obligations in accordance with Section 8 (User
Obligations);


(b) contrary to Section 3.1 above, the User does not provide proof of age or
appropriate identification at the request of dateblaster.


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7 GENERAL COMMUNICATION GUIDELINES


7.1 By registering, you expressly agree to receive notification emails from
dateblaster regarding the Service. You can disable the ability to receive
certain types of notification emails at any time by amending your email
preferences in your profile.


7.2 dateblaster will set up an electronic mailbox for you under your profile,
which may be used by you to contact other Users and dateblaster may also send
Service notifications to this mailbox. You can only send personalised messages
to other Users after subscribing to a Premium Membership.


7.3 You must adhere to the rules of the Service and must not use your electronic
mailbox and message sending options to carry out any of the prohibited
activities specified in Section 8 (User Obligations) or elsewhere in these
Terms.


7.4 You authorise and instruct dateblaster to contact other Users in your name,
unless you expressly opt out of this feature during the registration procedure.
At our own discretion, we shall act on your behalf to send introduction messages
to potentially interesting partners in your name, automatically trigger profile
visits and send requests for immediate dates. If dateblaster sends any such
messages in your name, these messages shall be labelled separately in the inbox.


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8 USER OBLIGATIONS


8.1 You are solely responsible for the accuracy of your registration information
and any other personal details you provide as well as any information you freely
provide about yourself. You guarantee that all the information provided in your
User profile is true and describes yourself. The intentional provision of false
information entitles dateblaster to block your profile without our claim for
payment being affected. This also entitles us to terminate your Free or Premium
Membership without notice.


8.2 You agree that you will not use dateblaster’s Services for business or
commercial purposes, in particular for advertising purposes. You are not allowed
to search the content and profiles of other Users manually or use programs to do
so in order to use the data obtained for purposes outside of the Services
provided by us.


8.3 You are obliged to keep emails and other messages as well as data from other
Users confidential and to not disclose them without the third party’s consent.


8.4 You agree to keep your login details confidential. In the event that login
details are disclosed to third parties, you shall be responsible for all the
consequences of this event. If you suspect that your login details have been
disclosed to third parties, you must immediately inform us of this and take
appropriate measures to avoid further misuse, such as changing your password.


8.5 You expressly agree to:


(a) provide accurate information to us and keep it updated;


(b) use your legitimate details to sign up, including using your real name and
image(s) of your likeness in your profile;


(c) not act in an unlawful, libellous, abusive, obscene, discriminatory or
otherwise objectionable manner;


(d) not harass, abuse or harm another person;


(e) use the Services in a respectful manner and act honestly in your
communications with other Users;


(f) not create a member profile for anyone other than yourself;


(g) not use or attempt to use another User’s account or restrict that User from
using or enjoying the Service;


(h) not send spam or other unwelcome communications to others;


(i) not interfere with, or disrupt, the Service and / or any Additional Sites or
any servers or networks connected to the Service and Additional Sites, including
by transmitting any worms, viruses, malware, spyware or any other code of a
destructive, malicious or disruptive nature. You may not inject content or code
or otherwise alter or interfere with the way any page of the Service or
Additional Site which is rendered or displayed in your browser or device;


(j) not share or disclose information that a User does not have the right to
share or disclose (such as confidential information of others);


(k) not use the Service in any way that might be illegal or breach these Terms;
or


(l) not collect or store other Users’ personal data.


8.6 When posting content, you expressly agree that:


(a) it will comply with all applicable laws, including, without limitation,
privacy laws, obscene publications, intellectual property laws, anti-spam laws,
and regulatory requirements;


(b) it does not and you will not add or link to any content that is defamatory,
offensive, obscene, pornographic, indecent, malicious, threatening, abusive or
promotes discrimination, racism, bigotry, hatred, bestiality or physical harm of
any kind against any group of people or person or animal;


(c) you will not post, link to or otherwise publish any content about illegal
activities such as making or buying drugs or illegal weapons;


(d) you will not post, link to or otherwise publish content that exploits people
in a sexual, violent or otherwise unlawful manner;


(e) you will not post, link to or otherwise publish content which contains
videos, stills, photographs, audio photographs, or images of another person
without their permission;


(f) you will not interfere or violate a third party’s private life, nor
interfere with their private communications;


(g) you will not post, link to or otherwise publish any content containing any
form of advertising or promotion for goods and services or any form of
unsolicited communication;


(h) you will not post, link to or otherwise publish any content that contains
software viruses, files or code designed to interrupt, destroy or limit the
functionality of our sites or any computer software or equipment; and


(i) it is your own original content and does not (and our publication and use of
it will not) infringe or interfere with the intellectual property or other
rights of any third party.


8.7 Failure to comply with any of the above rules of conduct or violation of any
of the expressly arranged obligations outlined in these Terms shall entitle us
to terminate the membership immediately without notice for good reason, as well
as to immediately block you from accessing our Service and / or any of our
Additional Sites. Instead of blocking or terminating a User, we can also at our
sole discretion delete parts of the User profile.


8.8 We are not obligated to moderate the content on the Service and any
Additional Sites, but we may check the contents (e.g. by reviewing messages sent
or received by Users or any images uploaded by Users) and remove the
corresponding content if we believe it violates any of these Terms.


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9 LICENCE OF RIGHTS


You grant us a non-exclusive, worldwide, transferable right during the
membership term, to use the content created or provided by you on the Service
and Additional Sites, including but not limited to pictures, texts and videos.


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10 LIABILITY


10.1 We do not accept any liability for:


(a) the content of User profiles. We have no control over the accuracy and
security of information exchanged between Users or posted by Users in their
profiles;


(b) the compatibility with other Users of the Service or Additional Sites or for
the success of any contact made between Users;


(c) unauthorised third parties gaining access to personal data of Users (e.g. as
a result of hackers gaining unauthorised access to the database);


(d) third parties misusing Users' details and information that the Users share
or make available to third parties; or


(e) any financial loss or damage that could arise out of the Users’ use of the
Service save to the extent that such loss or damage cannot be excluded by law.


10.2 Nothing in these Terms shall have the effect of excluding or limiting
dateblaster’s liability for fraud or for death or personal injury caused by our
negligence.


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11 INDEMNITY


11.1 You shall indemnify dateblaster against any liability, obligations,
damages, costs (including reasonable expenses) and compensation claims resulting
from your:


(a) defamatory statements, harassment of or any unlawful conduct towards other
Users;


(b) breach of our intellectual property rights or any other third party
intellectual property rights; or


(c) other breach of any of these Terms.


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12 TECHNICAL DEFECTS


12.1 dateblaster does not guarantee the permanent availability of its websites
or their technical functionality.


12.2 In particular, dateblaster assumes no responsibility for disruptions to the
quality of access to the Service due to force majeure or other circumstances
beyond the control of dateblaster.


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13 INTELLECTUAL PROPERTY IN OUR SERVICE AND THE CONTENT


13.1 The design of the Service and / or any Additional Sites and all software
and other content contained within the Service and / or any Additional Sites are
protected by copyright, trade marks, patents and other intellectual property
rights and laws. Neither the design of the Service / Additional Sites nor the
content may be copied, reproduced, transmitted, stored, sold or distributed
without the prior written consent of dateblaster.


13.2 You may not at any time modify, store, copy (including for example
scraping, using crawlers, browser plugins and add-ons, and any other technology
or manual work), extract, reutilise, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell,
distribute or create any information, dating profiles, products or services
obtained from other Users, linked to or using this Service or any Additional
Sites and any data therein or that may provide Users with the ability to do the
same, unless approved by dateblaster through a signed licence agreement.


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14 LINKS TO THIRD PARTY WEBSITES


The Service may include links to third party websites that are controlled and
maintained by others. Any link to other websites is not an endorsement of such
websites and you acknowledge and agree that dateblaster is not responsible for
the content or availability of any such websites. We recommend you review those
websites’ terms and conditions and privacy policies to ensure you are happy to
use them.


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15 CONTACT US


If you have an enquiry or complaint about dateblaster, you should contact our
customer services team and we will try to answer your enquiry or resolve any
complaint as soon as possible.


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16 SEVERANCE


If any of these Terms should be found to be invalid, illegal or unenforceable
for any reason by any court of competent jurisdiction then such term shall be
removed and the remaining terms shall survive and remain in full force and
effect and continue to be binding on and enforceable by both of us.


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17 THIRD PARTY RIGHTS


A person who is not a party to these Terms has no rights under the Contracts
(Rights of Third Parties) Act 1999 to enforce any of these Terms but this
section does not affect a right or remedy of a third party which exists or is
available apart from that Act.


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18 GOVERNING LAW


These Terms and the use of the Service generally and any dispute or claim
arising out of or in connection with them or their subject matter or formation
(including non-contractual disputes or claims) will be governed by swiss law.
Any dispute or claim arising out of or in connection with such contracts or
their formation (including non-contractual disputes or claims) shall be subject
to the non-exclusive jurisdiction of the courts of Switzerland.


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19 ALTERNATIVE DISPUTE RESOLUTION


19.1 If you have a complaint relating to these Terms, we will attempt to resolve
the complaint internally. If our internal complaints process is exhausted and
the complaint is not settled, you may make a request to us for the dispute to be
settled by mediation.


19.2 The European Commission provides a platform for online dispute settlement.
This gives you the opportunity to settle disputes in connection with your online
order without first engaging a court. The platform can be found at
http://ec.europa.eu/consumers/odr/.





Last Updated [ December 2017]




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