General Terms and Conditions for Private Users
- Date: August 2007 -
1. Scope
These General Terms and Conditions are the basis of and form an integral part of the contractual relationship between the Club Member (a person who registered in the dating club "Lovebumble") and Pamment Projects Ltd liab. Co, Zurich (hereinafter "Service Provider"). The Club Member accepts these General Terms and Conditions as binding on him or her with the purchase of services from the Service Provider and/or the signing of a contract with the Service Provider.
2. Subject of the Contract
Subject of the contract between the Club Member and the Service Provider is the use of the online-platform (hereinafter "Platform") in its respective availability and configuration operated by the Service Provider under the URL "http://www.lovebumble.com" (as well as alias domains). The use of the Platform and/or of data on other persons contained in the Platform for commercial purposes of any kind by the Club Member is explicitly prohibited. It is also prohibited to the Club Member to assign this contract or the rights of use on the Platform to a third party or to make it available to a third party.
Within 14 days from entering into the contract, the Club Member has the right to revoke the contractual relationship by sending a written cancellation to the Service Provider via email (contact form) or by post (mail address as per the imprint). The right of withdrawal expires if and when the Club Member engages in a relationship with a Lovebumble member (i.e. actively accepts a dating suggestion).
3. Use of the Platform
The Club Member may use the Platform in order to contact other users with a view to finding a partner. In doing so, the Club Member is obliged to observe all rules of law, morals, and public decency which explicitly or implicitly apply in Switzerland. The Club Member explicitly accepts the Service Provider's right to assert observance of law, morals, and public decency by legal (such as immediate termination of the contract or criminal complaints) and technical means (such as banning of access or deletion of the account) available to the Service Provider and the Platform and to use its own concepts of morals and decency in doing so, as long as these concepts are within the legally allowed tolerance in Switzerland.
4. Fees
The Club Member pays a fee to the Service Provider for the use of the Platform, unless in cases where a gift certificate or a 100% promotion code is redeemed. The amount of the standard fee fee is determined by the fee published on the Platform at the time of the online registration. All fees become due immediately. However, in cases where the registration fee is paid via bank transfer (instead of credit card), the Service Provider is at liberty to refuse any use of the Platform until full payment of all agreed fees. Any reimbursement of paid fees in part or as a whole is excluded under any circumstances.
5. Data and Data Protection
The Club Member is obliged to state all personal information published by him or her on the Platform correctly and to keep it updated. The Service Provider is entitled, but not obliged, to verify this data with all appropriate measures. The Club Member is obliged to assist in such verification procedure within a reasonable limit.
Swiss Data Protection Law is applicable to all personal data made available to the Service Provider. If the Club Member decides to get in contact with Club Members from other countries, in particular also from countries with a lower standard of data protection than in Switzerland, the Club Member acknowledges that such persons may gain access to his or her data in the course of the use of the Platform.
The Service Provider is entitled to transfer personal data of the Club Member to other companies in the context of restructuring or mergers if the other companies undertake to abide by Swiss Data Protection Law.
6. Intellectual Property
The Club Member grants to the Service Provider free of charge a non-exclusive, worldwide, and irrevocable right for commercial use and utilisation in an anonymous form of the works submitted from the Club Member to the Service Provider in the context of the Platform. This right does not include, however, personal contact data. The Club Member's photograph may appear in the protected member area to other members who were selected by the matchmaking process. It may also be used for further promotional purposes on the Platform after prior consent of the Club Member.
7. No Warranty for Platform and Availability
The Service Provider does not warrant or covenant the availability and functionality of the Platform. The Service Provider is furthermore entitled to make changes to the Platform at any time without advance warning, to restrict availability of the Platform or to interrupt its operation temporarily. The Club Member is not entitled to any specific availability or functionality of the Platform and is in particular not entitled to the reclaim of paid fees at any time and under any circumstances.
8. Third Party Providers
The Service Provider grants to third party providers the opportunity to advertise their services on the Platform. Any contact between the Club Member and such third party providers and possible business and contractual relationships with the latter are solely the Club Member's responsibility.
9. Liability
The Club Member is liable for all data transmitted by him or her to the Platform and indemnifies the Service Provider against any and all claims of third parties arising from violations of rights in relation to data submitted by the Club Member.
The Club Member is liable for all actions which are undertaken on the Platform under his identity (user name and password) and indemnifies the Service Provider against all claims arising from these actions.
The Service Provider's liability against the Club Member is excluded insofar as legally possible and allowed.
10. Applicable Law and Place of Jurisdiction
The contractual relationships between the Club Member and the Service Provider are governed by the laws of Switzerland under exclusion of conflict of law provisions. Exclusive Place of Jurisdiction is Zurich, Switzerland.