Karl (33) aus Bozen
General terms of business from bestofsingles.net
The following terms of condition and use are a base of all contracts, between www.bestofsingles.net Werner Baumann (in the following: BOS) and the users of this internet offer come about. These general terms of condition and use applies to every person who accesses BOS, even when accessing BOS outside of Austria. Under 18 years olds are excluded from the use of BOS.
The present general terms of conditions and use regulate the claim of the service that BOS offers. They are valid for all existing users and all new registrations from 1st January 2010. BOS offers services to its users who are in search of a suitable life partner. Besides, BOS owes merely the contact matching, not the success of the contact. The access to the BOS data banks and BOS uses is retrievable through different domains.
The access to the use of the service of BOS assumes the registration. With the registration the user explains that he has read the general terms of conditions and use has understood. The user accepts these terms of conditions and use, while he confirms ?"Yes I accept the general terms of condition and use and data protection directives" by clicking on the check box "Yes". With the registration the user allows BOS to inform him by newsletter about important information and innovations. The user can cancel this newsletter any time by an email to info@bestofsingles.net. With the registration these terms of conditions and use become a contract component between BOS and the registered user whose contents are directed after the general terms of business returned here.
After registration the user will receive a confirmation email, which shows all provided data and also it will give the data to which the membership is valid until. The user thereby assures with the registration that all the information provided is correct.
The user can withdraw from all contracts with BOS without giving reasons within 14 days in writing after contract end. If the user then wants to make use within 14 days after contract end, the contract is broken. The legal cancellation right ends as soon as the user has already put one or several partner inquiries by email or has answered.
Best Singles members who registered up until 04.01.2010 can continue to use all the services free of charge. New users as from 04.01.2010 can test the services of BOS free of charge. However, in order to be able to access the detailed profiles and to send and reply to emails, the payment of the membership fee is necessary. The list of prices can be found under the section "Our services". The user is informed about costs before selecting a service, by BOS about the fact that a fee is necessary for these services. Also, BOS informs the user about the price in each case to be paid, as well as the area of application and period of validity of the paid-up service. The user accepts the price by explaining the action request given by BOS, e.g. on payment on the Internet after input of his payment data on the payment site, by the dispatch of the payment data in BOS or to the E Payment provider commissioned by BOS. With other offers the user accepts the price by explaining from BOS to the acceptance of the offer given action.
Only after successfully being voted does the user become a full member of BOS and can start to use the services offered by BOS. If a person is rejected after the casting of votes, the user can not go on to use the other services which are offered by BOS. However, the applicant is given the opportunity to make amendments to their application and can go on to request for a new vote to be cast so that they can hopefully succeed. However, the applicant has the possibility to promote once more and go through a new voting. Under special conditions (e.g. assignment of invitations, press passport) BOS can award access without need for a vote to be casted.
Provided that a user about a partner side accesses the services of BOS, it can be that a Cookie is put by the partner side. The respective partner is responsible for the contents of such cookies.
The user agrees with the fact that the payment of the service liable for costs can be unwound by BOS about a service provider commissioned by BOS (e.g., E Payment provider). The member agrees with the fact that the service and the dispatch can be unwound by news of BOS about a service provider commissioned by BOS (Hosting).
The user is entirely responsible for the contents of his registration and with it for the information which it provides about himself. The user assures that the data provided is truthful and accurate. Any incorrect or deceitful information that is input deliberately into the questionnaire could result in legal action and will entitle BOS to instant notice (also by e-mail), without any recourse to action against BOS.
The user assures further that he has no business interests which will be transmitted via BOS to third parties for commercial or advertising purposes.
The user undertakes to release BOS from any liability and from all obligations, expenditures and claims which result from complaints, damages, losses or demands which could originate as a result of his registration and/or participation in this service, where the user has acted culpably. Besides, any claim for damages is limited to those necessary purely for that specific purpose. In particular the user undertakes to protect BOS from any liability and from all obligations to release expenditures and claims, which from complaints, damages, losses or demands because of defamation of character, insults, injury of personality rights may occur, because of the failure of services for the other members to whom material injury or other rights originate provided that the user has acted culpably. Besides, any claim for damages is limited to those necessary purely for that certain purpose.
The user agrees to immediately inform BOS, because of the realisation of a partnership or for other reasons in partner proposals, if they do not want to be available to other members for further partner proposals.
Furthermore, every member/user undertakes to use the service, without any abusive behaviour; in particular - to spread illegal material or such information, that could be slanderous, indecent or inappropriate; not to threaten other people, to bother their rights (to injure including personality rights) of third parties - to upload no data which contains a virus and/or contain software or other material which is protected by copyright, unless the member/user has the suitable rights at this or the necessary approval explanation - sending of e-mails to members for no other purpose than communication and to omit in particular touting or offering of goods or services to other members (except those directly from BOS which are permitted) - no names, addresses, phone number or fax numbers. To call e-mail addresses etc., provided that this information is not a component of personal emails.
The non-observance by one to figure to 14, called behavioural obligations, can lead to an immediate and instant notice of the withdrawal of contractual relations by BOS, as well as possible civil action or if necessary criminal action. BOS reserves itself the right in this connection to exclude the member / user from his service, if radical content or photos should be spread by him with a registration or use of the service, which are in the opinion of BOS immoral, indecent, youth-endangering or extremist. BOS is entitled at any time to withdraw service for single members without giving any reasons. The members who still have a paid-up, but not unused claim, are preserved from claiming any restitution from BOS at the time of the setting of the service.
BOS rejects every liability for financial or damages which can be brought with this service in connection, in particular by private accusations because of defamation of character or slanderous insults, by e-mail or advertisement, in procedure according to the media law, the ABGB or the copyright law, unless such damages are caused by the operator deliberately or negligently under culpable injury of essential contract duties. Furthermore BOS is not liable for false statements in the registrations, the column "My Profile", where the members are held responsible, nor for technically reasonable transference delays or failures, unless, BOS has caused such information or transference delays or failures in a deliberate or careless manner.
Every user of BOS thereby accepts these general terms of business without any liability to BOS from all obligations, expenditures and claims from damages because of defamation of character, insults, injury of personality rights caused by other users / members, because of the failure of services for the members because of whom injury from material or other data provided by members freely, provided that the members / users acted culpably. Besides, any claim for damages is limited to the expenditure necessary for a certain purpose. Furthermore, every user releases BOS from every liability and all claims and costs which arise from an offence against these terms of business, provided that the member / user has acted culpably. Besides, the expenditure claim for damages limited to the expenditure necessary for a certain purpose.
BOS is entitled, but is not obliged to check the contents of all given texts as well as sent photos or graphics files for compatibility with the general laws or these Terms and Conditions and - not to necessarily publish - the respective contents. In addition, BOS has an overall right in quality, security and level of service. In this connection BOS reserves itself the express right, e.g., on photos or graphics files which are not good enough for the high claims of the members of BOS, to exclude them from publication.
Contracts with BOS are closed and valid for the given period and are not automatically extended by BOS, provided that no notice has occurred within given terms. At the end of a contract all achievements liable for costs become inactive from thereon. The user can activate by payment of the price for the use of the service liable for costs the full achievement offer again. The user is advised by BOS before contract expiry on the expiration of the contract and the possibility for extending, by email.
The member / user has the right to discontinue the contract any time. The contract is automatically finished by self deletion of the profile by the member / user. A right on restitution of the remuneration paid to BOS does not exist with notice before expiration of the contract. After ending of the contract all data on the member is extinguished if requested by BOS, provided that this is allowed after the legal regulations.
As a base of these general terms of business and the whole legal relations between the members / users and BOS the right of the federal republic is valid in Austria. The legal venues are valid for civil disputes with the consumers for the purposes of the consumer's law for their protection who have residence or usually stay at home or are occupied at home.
Should single regulations of these general terms of business be ineffective, this does not touch the validity of the remaining regulations of this arrangement. Changes of the general terms of business are informed to the member / user before their introduction by e-mail. Moreover a reference to these terms is sent to the address instead of the entire text, which is accessible on the Internet. Should nothing be queried or contradicted about such changes within four weeks from communication by the member, the revised version is valid as agreed, provided that the member is advised by e-mail communication about the intended meaning of the silence. In addition, within the 4-weekly term from inspection the member has the right to discontinue the contractual relationship with BOS without notice. In reasonable isolated cases there exists for BOS the possibility to grant proportionate restitution claims. Verbal additional agreements do not exist. Changes and/or supplements of this arrangement need to be validated in writing, provided that nothing contractual was agreed to the contrary. Divergent terms of business of the user / member are not accepted. www.bestofsingles.net is a service of bestofsingles.net mag. Werner Baumann Dr. Stumpfstrasse 75 in 6020 Innsbruck Austria


