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Validity
By registering at bride-asia.net the user agrees to the rules of the operator of bride-asia.net and regards them as binding without exceptions:
1. Contracted Service
Subject to this agreement is the free participation in the services offered by the operator: an internet contact-site offering the option of viewing profiles/user data to find new contacts for sports, recreation, partnership, travel etc.
Apart from free participation, pay services are also offered. Charges are applied either by using certain services or are offered in packages for a certain time frame. Before a pay service is activated, the user will be alerted. After payment the user can use these services.
There are two kinds of users in bride-asia.net services (both called “user” below). Women (see point 9 liability restriction) who transmit their profiles/user data free of charge to the internet contact site of bride-asia.net. Paying Members, so called Premium-Members who can download a maximum of 20 supplements per day in addition to the existing profiles/user data. These supplements – of profiles/user data, those have been selected directly by the user - consist of additional personal data like e-mail address, postal address and telephone number (mobile phone or landline) for making direct contact.
Imperative prerequisite of the participation as user (not as visitor) is the minimum age of adulthood (according to the relevant laws of the country of residence)
2. Contract Conclusion
The contract is valid with registration of the user at bride-asia.net and is reconfirmed at registration by the user. The contractual relationship for the pay services is accepted by the user by making the payment. The user gets a confirmation e-mail from bride-asia.net listing the contents of the products, their contractual services, login data and invoice details (amount, time frame, currency, date, etc.)
3. Rights and Obligations/Responsibilities of the User
The user is responsible for the user-submitted published contents in bride-asia.net. The user commits not to harm or abuse bride-asia.net in any way. The user will not distribute via bride-asia.net contents, those are illegal or that violate agreements with others, especially no derogatory, obscene, racist, harassing, threatening or sexually oriented.
The user commits to submit to the operator upon request a copy of an ID document, drivers licence, passport or other valid document (according the country of residence). The user may black out any data except photo and date of birth. The document is needed to verify the user profile.
The user is obliged to keep his/her profile/user data secret to guard against abuse by unauthorized users. The user should not create more than one profile/user data. The operator can freeze or delete profiles/user data without giving reasons. The user does not have a legal right to an entry. Profiles/user data that are not completed will not be published.
The user is obliged to provide a personal photo in which he/she is recognizable. Nude shots are not allowed. In the event of a violation of this rule, the operator will immediately cut off the user from participating in the service. By uploading the personal image the user agrees that this photo could be used in a promotional activity or advertising campaign linked to this project. In the event that the user is not in agreement with this he/she can communicate this to the operator in writing.
The user should not use bride-asia.net for commercial advertising of any kind.
The user commits to only share data of others, like e-mails, messages, etc. with their specific permission.
The user should not use the services of bride-asia.net to harass or threaten others. Also the user may not infringe on others’ rights, especially their personal rights.
Messages or e-mails may only be used for personal communication. Offering of goods and services as well as promising or asking for monetary values or services is strictly prohibited without permission of bride-asia.net. The same applies to the sending of chain letters. In this case penalties in the amount of the damages, with a minimum of 50.000 Euro is applied as agreed upon.
Violating the above conditions can result in criminal charges and in the immediate termination of participation in the service.
4. Rights of Third Parties
The user assures that making available and publishing of the contents do not violate Austrian laws, especially copy rights, data protection and competition right. The operator reserves the right to exclude any data for any reason and without giving reasons from being stored on the server. The operator does not have the obligation to check for legality of data.
The operator has the right to delete or restrict the use by third parties by other appropriate means any data on its web server that violates or potentially could violate the rights of others.
The user releases herewith the operator from third party demands, stemming from forbidden contents of a message or the profile/user data of the user.
5. Rights and Obligations/Responsibilities of the Operator
The operator assures that the user has access to his/her profile/user data. For that a user name and a password are issued to the user.
The operator endeavours to keep up its services and to protect them from internet attacks. The operator reserves the right to restrict or stop the services mentioned in point 1 at any time. The operator cannot guarantee service at all times based on the current status of data security in the word wide web. In spite of its very high standards of security, bride-asia.net neither assumes responsibility nor liability for the loss of data.
For bride-asia.net it is important to take care of user data protection. The operator assures therefore to abide by the rules for tele-data protection and the respective laws.
In the event of a user violating his commitment in point 3 – distributing illegal contents via bride-asia.net, the operator has the right, but is not obliged to check all contents or parts thereof and to delete them and to exclude the user from further participation in the service. The operator has the right in this case to reveal name and address of the user to third parties in order to enable legal and authority measures against the user. In cases of doubt, bride-asia.net
has the right of last decision on the use in question.
6. Costs
The use of the services offered by bride-asia.net is free of charge, as long as the user is not alerted before using a pay service.
Accumulated costs can be viewed in the respective cost overview statement. It also contains an overview of services . In the event of freezing or deleting of a user account resulting from breach of contract the unused credit balance will be kept as administration fee by the operator.
7. Disputes of Charges
Dispute of charges or invoice costs must be submitted in writing to bride-asia.net by the user within 14 days of the transaction of the disputed costs or receipt of the invoice in dispute. Should within 14 days no dispute and the reasons for it be submitted the charges or invoice costs are considered approved. The sending of invoices for the ordered time frame of charges is solely done electronically (e-mail).
8. Right of Cancellation
The user has the right to cancel services at any time. Through the cancellation by the user,all stored data will be deleted. The contract between user and operator counts as concluded.
In the event that the user’s account shows a credit balance for payable services, the user has no right for a refund after cancellation.
In cancellation of a pay service, the contractual relationship remains untouched.
The operator reserves the right to cancel the offered services in part or in full. The user will receive a proportionate refund of an unused balance, in the case of cancellation of a paid service by bride-asia.net.
9. Limitation of Liability
The operator assumes no liability for the services offered here, be it for damages incurred by using them, or wrong statements made by other users. The operator assumes no liability for damages resulting from server crashes or the cancellation of the service.
The operator is not liable for the eventual abuse of this service, also not in the event of an intruder being able to read, change or delete user data.
Any guarantee for functionality and correctness of all functions is excluded. The operator is not liable for damages resulting from using this service, for whatsoever reason.
The operator does not guarantee the correctness of user submitted data. Therefore such liability is excluded.
The operator reserves the right to offer different fees as well as services for men and women.
10. Release
The user commits to release the operator from eventual demands of third parties, stemming from illegal actions by the user or contextual mistakes in the information submitted by the user. This applies especially to copy rights, data protection and violations of competition rights. The commitment of release contains also the commitment to completely release the operator from legal costs (e.g. court, legal counsel).
11. Data Protection
The user agrees that personal data (main data) and other information are being stored by the operator for the duration of the contractual relationship, as long as it is necessary for the fulfilment of the contract. With the upload the user declares his/her consent.
The user has the right to withdraw his consent regarding the storage of personal data for future use.
The operator agrees to inform the user upon request at any time about user relevant data in its entirety. The operator will never give out this data nor any private messages of the user without permission to third parties. This does not apply in these cases: the operator is obliged by law to reveal data to third parties, especially authorities, or internationally acknowledged technical norms demand it and the user does not protest.
The operator advises the user explicitly that data protection for the transmission of data in open nets like the internet cannot be totally guaranteed based on the current status of technology. The user knows that the provider can at all times view user data and other data of the user stored on a web server. Other participants in the internet could be able technically to intrude unauthorized and compromise data security as well as control the flow of data. The user is solely responsible for the security of the submitted data.
12. Independent Service Providers
Third parties that offer services on bride-asia.net, in the following called ICP (Internet Content Provider) can operate under additional conditions and/or incur costs for the user.
The user commits therefore to inform him/herself about the terms and prices of the ICP before using these services. bride-asia.net is neither an agent, nor a partner and distances itself therefore from transactions between user and ICP. The operator offers no guarantees for the correctness or reliability of sent data of an ICP.
13. Copyright
All copy rights are without exception with the operator. This includes all usable and viewable data provided for use by the operator. Their use is exclusively intended for private use, in the sense that they do not violate the aforementioned rules. Their commercial use and duplication is strictly prohibited. In this event penalties in the amount of the incurred damages, however at least EUR 50.000 are being instated as agreed upon.
14. Applicable Law, Place of Court
The contract is governed by Austrian Law. Place of Fulfilment and Court for all business matters is – if applicable – A-3500 Krems.
15. Miscellaneous
All declarations of the operator can be sent to the user electronically.
16. Final Clause
Should certain rules of this contract not be applicable or made obsolete by conditions arisen later, or should the contract contain a gap, that needs to be filled, these facts nevertheless do not affect the validity of the other rules. The place of the not applicable rule or the gap is taken by a rule, coming closest to what the parties would have agreed upon, had they been aware of the inapplicability of the rule or gap.
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