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Terms and Conditions
1. General Membership
2. Access / Registration
3. Payments
4. Duties of the user
5. Damage substitute
6. Notice of departure and cancellation
7. Operation
8. Rights
9. Privacy
10. Liability
11. Release from liability
12. Change of the general terms & conditions
13. Final regulations
1. General Membership
1.1. Floramon International S.R.L. ("FLORAMON") places an internet offer ("service"), with which physical persons ("users") provide electronic self descriptions ("profiles") after a successful registration. The users can publish their profiles over this service, search other users on the basis of certain criteria within the "service search" and/or communicate with these users within the service("Mailing"). In particular the following services are offered:
1.2. The service covers the entire callable offer on the internet adresses http://www.ro mantik.de (.ro and .com), if this is on a server of FLORAMON. Advertisement, graduation, profit plays and co-operations, are not offered as a part of FLORAMON services, if they come through third parties (via means of the advertisement and links made available) and link to external offers.
(a) Male guest user
The guest user can announce himself to the service, by providing his profile. There are asked amongst others for informations like pseudonym, age, sex, residence, hair colour and height, which describes the individual character. Also a component of the profile can be one or more personal photos of the user. Beyond that he can call all profiles up of other users. A male guest user is not able to read the messages that he receives from girls. He gets only a notification for every new message that comes from a female user.
(b) Male user as a full member
Male users can in return for payment ascend by registration to full members. The terms of payment are specified below numeral 3. Then all services are to the user in its entirety at the disposal. Except the offer for the guest user the additionally following services are offered: Over a search function members can be found and via a "Contact-Button" is it possible to communicate with the choiced user. They can exchange messages over the service as many as desired after the contact is established. In addition, monthly 10 so-called "hearts" are to the full member at the disposal, which can be sent away to female users, in order to express sympathy opposite the other one. Further "hearts" can be acquired against payment at any time (q.v. numeral 3).
Also so-called "cupids" are to the full member at the disposal. With cupids messages can be translated in our translation agency. For 1 Cupid the full member can translate a sent messages box as well as a received message box.
The following translations are possible at the moment:
german - romanian
german - english
english - romanian
romanian - german
english - german
romanian - english
"cupids" can be acquired against payment at any time (q.v. numeral 3.5).
(c) Female user
All services are to female users at full extent and free of charge at the disposal. A condition for the participation is only a registration according to the registration of the male guest users. Further the possibility exists of using received "hearts" from other users on the internet addresses http://www.ro mantik.de (.ro and .com) for the payment of the articles offered there for it.
1.3. To the use of the service these terms & conditions apply. Different, supplementing or general terms & conditions to the contrary of the user do not apply.
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2. Access / Registration
2.1. A condition for the use of the service is a successful registration. For this, first a registration must take place via the user. Here it is necessary to select an alias and a password, as well as further data, which are necessary to start running the service. Such data are, among other things, first name, surname and sex. With the registration the user accepts the validity of these general terms & conditions.
2.2. Only that person, who provided the profile and who is anonymizated described in it, is entitled, to use the profile. A usage by several persons is not permitted. The user assures FLORAMON that its with the registration indicated data correspond to the truth.
2.3. A condition for the use of the service is a minimum age of 18 years. Floramon is entitled to accomplish in this context regularly samples and to request in individual cases an age proof of the user. FLORAMON is also entitled to delete profiles immediately of users under 18 years.
2.4. Up to the time of the registration a contractual relation results between FLORAMON and the registered user. This relationship depends on the rules of these terms & conditions. With persons under 18 years this contractual relation does not occur.
2.5. FLORAMON is at any time entitled to suspend a user from the service who violates these terms & conditions. In addition Floramon can exclude the user from the use of the service and delete the stored data. In particular this applies with an offence against specified obligations of the user (q. v. numeral 4).
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3. Payments
3.1. For the use of the service as male guest users a remuneration is not owed.
3.2. For the full membership (only for male users) monthly basic charges become due. At present these costs are 0.00 Euro, whereby the first month of membership is free. Payments are to be made principle in advance.
3.3. Additional services liable to pay costs (for which the user can free decide) are called explicit at suitable place and are to be compensated after topical price-list (e.g. phone services, SMS services and photo scan services).
3.4. For the acquisition of "hearts" (q.v. numeral 1.2 (b)) become due the following amounts:
25 hearts = 6,90 Euro (in the pipeline)
50 hearts = 12,90 Euro (in the pipeline)
100 hearts = 24,90 Euro (in the pipeline)
500 hearts = 99,90 Euro (in the pipeline)
3.5. For the acquisition of "cupids" (q.v. numeral 1.2 (b)) become due the following amounts:
10 Cupids = 14,90 Euro (in the pipeline)
25 Cupids = 39,90 Euro (in the pipeline)
50 Cupids = 64,90 Euro (in the pipeline)
100 Cupids = 99,90 Euro (in the pipeline)
3.6. The user carries own costs and other expenditures which result by the use of the service with the user (e.g., dial-up costs).
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4. Duties of the user
4.1. The use of the service is allowed only considering the legal regulations and the following rules of etiquette.
4.2. The user is for the contents of his registration and in so far as for all information which he provides about his person, only responsibly. He insures to have done only truthful information and to pursue no business intentions. He insures further not to use to him within the service to entrusted data of third for commercial purposes.
4.3. No contents and/or statements offered, may be spread by the user, be made accessible and/or be tied together by links which offend against valid right. This counts in particular to insulting, power glorifying, discriminating and/or pornographic contents and/or punishable actions such as
(a) Spread from propaganda means and signs of unconstitutional organizations;
(b) Incitement of the people by spreading of writings of unconstitutional organizations;
(c) Denigration of the state, from state organs and state symbols;
(d) Insults of representatives of foreign states and injury of her symbols;
(e) Public request and instructions to criminal offenses;
(f) Spreading of power-glorifying writings;
(g) Reward and approval of criminal offenses;
(h) Term of abuse of avowals and confessions;
(i) Spreading of pornographic writings;
(j) Insults, defamation of character and aspersion;
(k) forbidden communications about not public hearings;
(l) Spreading of youth-endangering writings;
(m) unauthorised utilization of copyright works;
(n) Injury of the right in own picture.
4.4. The user is obliged, news or other data which he receives from other persons in connection with the use from http://www.ro mantik.de (.ro and .com)t o treat confidentially and to make these originator's third not without approval accessible.
4.5. It is prohibited the user from putting own or foreign personal data (name, address, telephone number and fax numbers, e-mail addresses) as well as tips to web addresses and other contact information (as for example ICQ-, AIM-, MSN numbers etc.) into a profile.
4.6. The user undertakes not to use the service in abusive way. It is in particular prohibited the user:
(a) to bother other users or third, to threaten, to be deceptive or to damage;
(b) to provide a profile or to use a pseudonym which injures right third, does not serve exclusively for the sole selfdescription which is imitated manner of writing of other pseudonyms for the purposes of the deception of other members or is aimed sexually or commercially;
(c) to put indecent, insulting, power glorifying, discriminating, pornographic or against the law offending contents or statements into the profile or to communicate other users for the service. Under it also there falls the untying of nakedness;
(d) to explain activities or to dispatch data or to store on a data carrier, the in her own way or state (e.g., Viruses), size or number (e.g., "Spamming") are suitable to endanger the continuance or company of the service or to interfere with;
(e) to present to members or the third advertisement or other commercial offers, as for example offering of goods, services or commission shops;
(f) to look after models or similar, also for non-commercial or private purposes;
(g) unauthorised to offer copyright contents, to spread, to make accessible or to tie together by links (e.g., photos, texts, films, software, mp3s);
(h) to one or several members in each case equally being news send ("Spam") as well as chain letters to dispatch;
(i) to put picture into the profile on which exclusively the respective user with recognizable face is not to be seen after completion of the 18th year;
(j) more than to provide a user's profile or to pursue.
4.7. By an offense against the called bans, the good customs or right third the user sticks compared with FLORAMON on substitute of all direct and indirect damages originating out of this, also of the property damage, provided that him a fault hits. The member releases FLORAMON in the inside relation full-extensively from any claims resulting from offense of third.
4.8. Besides, by every offense ascertained by FLORAMON against the called bans FLORAMON is entitled to exclude the user immediately from the use of the service and to extinguish his opposed data finally.
4.9. To prevent that commercial or the system damaging mails within the service are dispatched (e.g., dispatch by viruses or Spam mails), FLORAMON uses electronic filters which search every communication according to given criteria and shift if necessary in especially furnished mail folders. FLORAMON points out to the fact that no employee of insight FLORAMON has exchanged communication in between the users of the service.
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5. Damage substitute
5.1. As far as the user with his registration connects business interests and/or which uses to him to entrusted data of third for commercial purposes and offends, besides, against one or several the behavioral duties called under number 4., he undertakes to pay an all-inclusive damage substitute at the rate of 2,000.00 EUR to the operator. The all-inclusive damage substitute becomes in particular also due, if under exploitation of the offered communication possibilities:
(a) unrequested news (so-called "messages" or "mails") with commercial contents (Spamming) is sent, in particular by tip to other services of similar adjustment;
(b) Canvassing for the purpose of the profit achievement, in particular by tip to own increase in value SMS or special numbers liable to pay costs is pursued;
(c) Contact for the purpose of the next profit achievement is taken up, in particular by next tip to own short choice-SMS or special phone numbers liable to pay costs.
The proof is permitted to the debtor that a damage has not originated at all or is substantially lower than the all-inclusive damage substitute. FLORAMON the proof is left that a higher damage has originated.
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6. Notice of departure and cancellation
6.1. Every user is entitled any time - also without information of reasons - to announce departure, from the service. Notices of departure can occur directly about a function within the service, in writing or by e-mail. Every notice of departure counts as a notice of the service.
6.2. With the notice of departure of the service, immediately by whom she occurs, ends the contractual relationship between FLORAMON and the user.
6.3. With ending of the contractual relationship FLORAMON is entitled to extinguish all data opposed by the user definitely.
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7. Operation
7.1. FLORAMON is entitled to finish or to change the service any time. Floramon is also entitled to change the service in other way, as far as the arrangement of the change or divergence is reasonable taking into account the interests of FLORAMON for the user. For technical reasons it can come for temporal and/or content restrictions of the availability of the system. A claim to anytime, proper access to the main entrance exists just as little like on the uninterrupted usability or accessibility of the offered services. This counts in particular, as far as the access to the services and the main entrance side is caused by disturbances which do not lie in the area of responsibility of FLORAMON.
7.2. FLORAMON tries hard to make available the access to the service to all users 24 hours daily and seven days per week. However, passing business interruptions on account of the usual servicing work, to system-immanent disturbances of the Internet with foreign providers or with foreign net operators as well as in case of higher power are possible. Therefore, the users have no claim to an anytime, uninterrupted accesibility of the service.
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8. Rights
8.1. All rights for procedure, software, web design, technologies, brands, trade names, inventions and other materials which belong to the circumference of the service lie exclusively with FLORAMON.
8.2. FLORAMON is owner of all copyrights in the above mentioned rights. A duplication of the procedures, software, web design, technologies and so on is not permitted.
8.3. FLORAMON is entitled to multiplicate all of the user in his profile opposed, not personal data, to spread, to publish as well as to provide to the public call. Anyhow this counts - or at least analogously - to all the other media as for example Print and TV.
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9. Privacy
9.1. All regulations and arrangements the data protection concerning are contents of our data protection regulations.
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10. Liability
10.1. FLORAMON sticks after the legal regulations for damages from the injury of the life, the body or the health and for damages according to the product liability law.
10.2. FLORAMON sticks for other damages exclusively in accordance with the following regulations:
(a) FLORAMON sticks after the legal regulations for damages which were caused by FLORAMON, her legal representatives or leading employees by cunning, intentional or roughly careless behavior.
(b) FLORAMON sticks on damage substitute, limits to the height of the predictable damage typical for contract for damages from a slightly careless injury of essential contract duties or cardinal's duties (1st alternative) and for damages which were caused by easy fulfilment assistants of FLORAMON roughly negligently or deliberately without injury of essential contract duties or cardinal's duties (2nd alternative).
(c) FLORAMON does not stick for escaped profit, indirect damages, secondary damages and claims of third.
10.3. FLORAMON sticks for the replacement of data only, as far as the user all necessary and reasonable data protection precautions has dripped and has made sure that the data from the data material which is held ready in machine-readable form with defensible expenditure can be reconstructed.
10.4. For the rest, any liability is excluded from FLORAMON. In particular FLORAMON does not stick for failures of the services, for the loss, the incompleteness or the non-accessibility of the service, or damages of every kind on the basis of Denial-of-Service-Attacks, E-Mail-Bombing or computer viruses which are to be represented of third and not from FLORAMON.
10.5. The user is obliged to indicate any damages for the purposes of preceding liability regulations immediately compared with FLORAMON in writing or by e-mail, so that FLORAMON is informed very early and can pursue, perhaps, together with the user still damage limitation or decrease. Regardless of the user is obliged from this also to measures of the damage limitation.
10.6. FLORAMON is not responsible for wrong information of the user with his registration and for possible abuse in a profile opposed or by him towards third to revealed information, provided that FLORAMON meets, on this occasion, no fault.
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11. Release from liability
11.1. The user puts FLORAMON of any liability and from all obligations, expenditures and claims which arise from damages because of defamation of character, insults, injury of personality rights by other members, because of failure of services, because of the injury of immaterial goods - or other rights by members, full-extensively freely. Further FLORAMON releases the user from every liability and all claims and costs which arise from an offense against these general commercial terms.
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12. Change of the general terms & conditions
12.1. FLORAMON is entitled to change the service and these terms of utilization any time.
12.2. The user for the service is informed about such changes.
12.3. If the user does not contradict within two weeks, after these changes were indicated him, these, the changes count as accepted. The user is informed about this fact by changes.
12.4. For the case that the user contradicts the changes he can finish the use of the service immediately.
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13. Final regulations
13.1. Should regulations of these general terms & conditions (all or a part)become ineffective, the remaining regulations of it remain untouched. Rather the coming spare regulation counts at place of every ineffective regulation to the purpose of the arrangement suitable or at least near as they would have agreed on the parties for the reaching of the original result if they had known the ineffectiveness of the regulation. The corresponding counts to incompleteness.
13.2. In the business dealings with enterprisers, juridical persons of the public right or with publicly juridical special property counts as a place of fulfilment and legal venue Bucharest (Romania) if not something else was agreed.
13.3.It is worth the right of the Federal Republic of Germany to the exclusion of the collision right.
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