DailyAffair – Terms and Conditions

 

The following Terms and Conditions define the conditions under which use of DailyAffair services are managed. These conditions have been provided by Ideo Labs GmbH, Leipziger Platz 15, 10117 Berlin, Deutschland (who from here on will be represented by "provider"). The following Terms and Conditions are in force exclusively. Deviating Terms and Conditions will not be accepted. Registration and use of services is possible only after agreeing to the Terms and Conditions. These following Terms and Conditions make up the contract.

  1. Object of the agreement
    1. The object of the agreement is the provision of both free and paid digital content, especially in the form of user generated content, for example user profiles, photos and messages from other users, that can be viewed and used by the customers. Certain digital content or ancillary features, such as registration, the creation of profiles, and the gathering of contact suggestions can be cost-free. Customer data can be compared to other members' data and thereby contact suggestions can be determined and presented to the users. A contact mediation is not owed.
    2. The agreement is only concluded with users who are 18 or over. Minors are prohibited from use. Likewise probibited, is the use of our services for all purposes outside of the intended purposes, utmost prohibited being commercial purposes.
  2. Conclusion of contract
    1. The use of digital content of the provider requires registration.
    2. With registration the customer enters into a cost-free contractual relationship with the provider. This contract orients itself by these Terms and Conditions.
    3. The customer can acquire a paid membership, after registering for free, in order to access extended digital content. With the closing of a paid membership contract, the customer enters into another contractual relationship with the provider, which is likewise governed by these Terms and Conditions. The provider thereby informs the customer about contents, the costs and the terms of payment before the closing of the chargeable contract.
    4. Through the direct-debit scheme the customer grants the provider the irrevocable right to withdraw due claims, via bank transfer, for the duration of the contract.
    5. The invoice amount for the chosen time period is to be provided in advance. Should the customer default within the installment plan, with a partial or full payment, he or she will be charged the entire outstanding amount.
    6. The provider reserves the right to appoint a collection company for non-payment or late payment by the customer in order to enforce its claim to the outstanding balance. The provider also reserves the right to charge interest, whose rate will be determined in accordance with statutory provisions.
    7. The provider reserves the right to demand from the customer all the costs incurred by the unauthorized cancellation of a credit card payment or the unauthorized objection to a direct debit, under framework of the law.
  3. Conditions of use
    1. The customer confirms to be at least 18 years of age, i.e. of legal age and thus entitled to legally enter this contract in all respects.
    2. The customer undertakes to use the digital content provided for private purposes only, i.e. for no purpose other than personal communication. Any form of commercial use of the digital content is strictly prohibited.
    3. The customer assures that the information provided is true and conveys an accurate image of him or herself. The customer is responsible for all information provided by him or her.
    4. The provisioned digital content, in particular the subscription purchased by the customer, may not be shared with other persons and is non-transferable. The customer also undertakes not to allow any underage persons to willfully or negligently access the digital content. The customer is solely responsible for keeping any access data assigned to him/her confidential from underage family members, friends, acquaintances or other third parties.
    5. The customer agrees to comply with all applicable laws in the registration and use of the digital content of the provider.
    6. The customer agrees never to input copyrighted material.
    7. The customer must inform DailyAffair in good time of any amendments to his/her personal data that are required to fulfill the contractual purpose. This is especially true for changes to the expiry date of the credit card or bank account used in conjunction with the service.
    8. The customer agrees not to use the digital content of the provider for abusive purposes. These include, but are not limited to:
      • defamatory, slanderous and/or pornographic material, in particular;
      • placing offending material or otherwise illegal material in the customer profile that infringes on human dignity/rights and/or general personal rights of other customers or to disseminate said material;
      • any data stemming from third parties, portrayed as one's own;
      • contacting customers with intent to defraud;
      • threatening or coercing other customers, or pressuring them in any other unwanted way;
      • sending mass messages;
      • doing anything that could in any way jeopardise or prevent the smooth operation of and uninterrupted access to the digital content;
      • distributing any files, software or other data, which contain a virus or other malicious software.
    9. Where there are grounds to do so, DailyAffair can check for unauthorised or illegal use of the digital content and check information and material disseminated or saved in customer profiles to verify compliance with the aforementioned conditions and/or compliance with other applicable legislation and to ensure smooth operation and availability of the digital content and other ancillary features. DailyAffair is however not obliged to perform such checks. If a breach has been established, DailyAffair is entitled to modify or delete the respective information and material, as well as block access. In cases of doubt, DailyAffair has the final decision regarding the permissibility of the use in question. Civil and legal proceedings shall be taken in the event of any unauthorised use/exploitation of the DailyAffair digital content and ancillary features.
    10. The customer undertakes to exempt the provider from any and all liabilities, expenses and claims which could arise from behavior related to the membership of the said customer. This applies above all obligations, expenses and claims arising from damages due to improper behaviors of the customer such as: libel, defamation of character, violation of personal rights, infringement of intellectual property or other rights of third parties or the loss of contractual services for other customers.
    11. The customer is liable for the keeping his or her personal credentials secret from underage family members, friends, acquaintances or other third parties.
    12. The provider has the right to make any content uploaded by the customer to the websites of the provider, available to all users regardless of which site the customer registered or provided the content to. These include, as well as sites of the agency itself, content uploaded to the websites of cooperation partners.
  4. Data protection
    1. In the matter of protecting customer security, the provider observes legal provisions for data protection.
    2. Detailed information about data protection can be found in our Privacy Policy.
  5. Termination and extension of the contract
    1. At any time and without offering justification, the customer can terminate the non-fee based contractual relationship entered into upon registering.
    2. A paid contractual relationship can be terminated with notice prior to the expiration of the purchased access period in accordance with the time limits stated below. For contract with a time period of less than 3 months, the contract can be terminated, to halt renewal, up until 2 days before the end of the contract period. For contacts with a time period of 3 month or more, the customer may terminate the contract up to one month before the end of the contract period. Unless a different period is stated when buying the membership, this clause is in effect. In order that your account may be identified we recommend to state the e-mail address used at registration, your cipher or your address in the notice. The notice can be sent to Ideo Labs GmbH (address see contact information). The free contractual relationship remains unaffected by the termination of the paid contract.
    3. If the customer does not cancel the contract properly, in accordance with 5.2, the paid membership after the expiry of the contract period will be automatically extended to the previously agreed contract period, a maximum of one year each renewal period.
    4. The right to extraordinary termination remains unaffected, must be in textual and is subject to the statutory provisions.
    5. The provider is entitled at any time to stop the contractual service in full or in part.
  6. Liability
    1. DailyAffair shall not guarantee the success of establishing any contact during the contractual period, nor shall they be held liable should no contact be established. Establishing contact is beyond DailyAffair's control and can only be done with the mutual consent of the other customer. DailyAffair only owes to provide digital content. The provider does not owe ore guarantee a successful contact mediation.
    2. The provider is not liable for the accuracy of the information provided by the customer and / or the exchange of customer data. DailyAffair can thereby also not assume liability for the accuracy of the results and comparison of customer profiles.
    3. The provider shall not be liable for any illegal actions of third parties.
    4. The provider is liable under the contract for such damages to the customer as (1) damages caused deliberately or through gross negligence by the supplier, its legal representatives or vicarious agents, (2) damages of injury to life, limb or health based on a breach of duty of the provider or one of its legal representatives or agents, and (3) damages incurred through the breach of an obligation that enables the fulfillment of the proper execution of the contract, which the customer grew to trust and rely upon.
    5. The provider shall be liable in cases of Art. 6.4 (1) and (2) to no upper limit. Furthermore, the claim for damages is limited to the foreseeable, typical damage.
    6. In cases other than those referred to in Article 7.4 the responsibility of the provider - irrespective of the legal basis - are excluded.
    7. The foregoing limitation of liability shall apply accordingly for all of agency officers, employees and agents.
    8. The provider assumes no responsibility and / or liability for interruptions, uninterrupted access to services, in particular for disturbances, faults and interruptions due to violent force or events for which the provider is not responsible. Insignificant interferences of services do not warrant a complaint.
  7. Jurisdiction and applicable law
    1. This agreement shall be governed by and construed in accordance with English law. The English courts shall have non-exclusive jurisdiction to hear any dispute relating to these terms of use, including, without limitation, their validity, their interpretation, their performance and/or their termination and its consequences.
    2. Oral or written supplements to this agreement do not exist.
    3. If any provision of this agreement is wholly or partially invalid, this shall not affect the validity of the remaining provisions of this agreement. In the case of an annulment of one or more provisions, statutory schemes come into force in their place.