§ 1 Underlying Provisions
(1) All of the following provisions shall apply to the Internet project of the 50plus-Treff GmbH, Munich, which is operated under various Internet domains which belong to the 50plus-Treff GmbH. (including, among others, www.50plus-club.co.uk, www.50plus-club.ie, www.50plus-club.ca, www.50plus-club.com) - hereinafter referred to as "50plus-Club".
(2) These provisions define the terms and conditions under which 50plus-Club is to be used. These General Terms and Conditions shall apply exclusively to all users of 50plus-Club, also in those cases in which the use of or access to 50plus-Club are undertaken from outside the Federal Republic of Germany.
(3) By registering with 50plus-Club, user confirms in a binding way that he/she has read and understood these General Terms and Conditions and agrees therewith. If he/she does not agree with these General Terms and Conditions, then he/she must forego registration. Persons who are not at least 46 years old may not use this service.
(4) 50plus-Club is an Internet platform which provides users with various services to facilitate establishment of communication with other parties. Unless expressly specified otherwise, all new offerings, which extend or improve the current services, including the offer of new services, shall be subject to these General Terms and Conditions. The services shall be offered with the layout and content considered to be suitable in each case by 50plus-Club, provided that they can be made available.
(5) 50plus-Club herewith reserves the right to temporarily or permanently change, interrupt or discontinue at any time individual or all services with or without informing users. User confirms his/her agreement that 50plus-Club shall not be liable vis-à-vis himself/herself or third parties for changes, interruptions or the discontinuation of individual or all services.
(6) As a rule, the Internet services shall be available 24 hours per day, 7 days per week. 50plus-Club shall endeavor to provide the greatest possible availability of the servers and therefore of the contents and stored messages, but cannot guarantee this or obligate itself to provide specific uptime performance levels.
(7) During the term of the Agreement, 50plus-Club cannot guarantee that contacts to other parties can be successfully made. 50plus-Club obligates itself only to attempt to facilitate such contacts, however, without guaranteeing the success of such efforts. As a consequence, 50plus-Club shall not be liable in case no contacts are made during the term of the Agreement.
(8) Each user shall exempt 50plus-Club from liability of any kind and from all obligations, costs and claims which may result from detriments due to defamatory statements, insults, invasion of personal privacy, nonavailability of services for the user, damage to intangible assets or violations of other rights. All costs incurred by service provider and/or its executive personnel, directors, salaried employees, representatives and/or third parties in connection with the above for a reasonable legal defense and prosecution proceedings vis-à-vis third parties shall be at the expense of the user.
(1) The security and protection of user data are matters of particular importance for 50plus-Club. 50plus-Club shall comply with the German statutory regulations regarding data protection, including but not limited to, the German Federal Data Protection Act (BDSG) and the German Telecommunications Data Protection Act (TDDSG).
(2) In accordance with § 33, Par. 1 BDSG, as well as § 4 of the German Telecommunication Data Protection Regulation (TDSV), user is herewith informed that 50plus-Club stores user data in machine-readable form and processes such data by machine.
(3) Within the framework of the contractually agreed provision of services, personal data are collected, stored, processed and utilized. Personal data are those data which contain information about the personal and material circumstances of an identified or identifiable user. Data are electronically stored. In addition, data about the call-up of Internet pages are also recorded.
(4) Upon user request, 50plus-Club shall provide complete information about stored data at any time and at no charge, insofar as such data relates to user. This information shall be provided in written form. The request for information must be submitted in writing, including a copy of the identification card, to 50plus-Treff GmbH, Bodenseestr. 20, 81241 Munich, Germany.
(5) User agrees that all of his/her profile data, which can also be viewed at 50plus-Club by users, including username, interests, description, photo, age, postal code etc., may be forwarded to the Email addresses of other users to expand the circle of parties interested in his/her profile. However, usernames will not reveal the identity (Email address) of an individual user.
(6) Above and beyond that, 50plus-Club shall not disclose individual personal data to third parties. Excluded from the above is obviously the publication of the profile, for which the user entered his/her data and which the user approved by means of his/her registration.
(7) Personal settings entered by user shall be stored. This ensures that each user’s personal settings are available for use during each new session (for each new log-on). To accomplish this, 50plus-Club normally uses cookies. These cookies are permanently stored by user’s browser on his/her hard disk. In order to prevent this, user can make corresponding settings in the browser.
(8) Insofar as user accesses the services of 50plus-Club via a partner page (affiliate), the anonymized data are stored in a cookie. These cookies do not contain any user personal data, but rather serve exclusively to maintain the function of the partner program. These cookies are automatically deleted when user registers. If no registration is made, these cookies are automatically deleted after 30 days.
(9) User expressly agrees to receive Email newsletters. These newsletters are an integral part of the service and regularly inform user about current topics and new items in connection with 50plus-Club. In addition, member-specific reports are also sent. The newsletter may be unsubscribed at any time using the link at the end of the respective newsletter.
(10) By completing registration, user agrees to the use of his/her data as described in the above provisions.
§ 3 Completion of the Agreement
(1) User declares vis-à-vis 50plus-Club that he/she is at least 46 years old.
(2) 50plus-Club shall be entitled to verify the personal data of the user using suitable official documents. For this reason, user pledges to submit to 50plus-Club, upon request, copies of official documents, in particular, of his/her identification card.
(3) The Agreement shall become effective as soon as user has successfully registered himself/herself in 50plus-Club.
§ 4 Costs
(1) Registration and membership in 50plus-Club is free, however there are some limitations to the use of the club. In particular, only paying members (Premium Members) are able to contact other users without restriction. 50plus-Club reserves the right to charge different fees for men and women.
(2) Fees for user status subject to charge can be called up here ».
(3) Insofar as a user would like to utilize a service subject to charge, he/she shall be notified in advance of the payment obligation. Costs to be incurred from services subject to charge and payment methods shall be explained.
§ 5 Payment Terms(1) Payment of the fees specified under § 4 Par. 2 shall be made in advance without any kind of deduction to 50plus-Club. The amount shall be automatically debited from user's bank account, charged to his/her credit card or be paid by user via bank transfer. If a Premium Membership has been agreed, the payment interval shall be 30 days or a multiple thereof, depending upon the validity period selected.
(2) Upon registration and entry of the corresponding bank account or credit card data, user thereby grants 50plus-Club direct debit authorization for the direct debit procedure or credit card charging.
(3) Premium Memberships automatically renew at the end of each term until cancellation. Premium Membership subscriptions may be cancelled at any time under "My Profile => Settings".
§ 6 User Obligations
(1) User shall be solely responsible for the content of a profile.
(2) Entry of sexual, pornographic, offensive, politically radical or other illegal contents in profiles is prohibited.
(3) Profiles may not be entered for third parties.
(4) No commercial advertising may be made in profiles for one's own purposes or for third parties. This shall apply, including but not limited to, advertising for other Internet offerings and for advertising for service telephone numbers subject to charge.
(5) Profiles may not be entered for the purpose of collecting Email addresses for commercial use from the expected responses thereto.
(6) User shall have no legal claim to publication of his/her contents.
(7) Publication of family names, addresses, telephone numbers, fax numbers, URLs, Email addresses, ICQ addresses or other possibilities to establish contact in profiles, forums, the chat or any other 50plus-Club offering to enable contacts to be made without using 50plus-Club is prohibited.
(8) Photos submitted to 50plus-Club for publication within a profile must be current and permit identification of the corresponding user. The entire face must be visible. Under no circumstances shall 50plus-Club be liable for the violation of possibly existing copyrights of third parties to such image material.
(9) User shall be solely responsible for replies to a profile.
(10) Each user shall handle as confidential all Emails and other messages or other information from users which he/she receives in connection with the use of 50plus-Club and not make these available to third parties without the approval of their originator. The same shall apply to names, telephone and fax numbers, postal and Email addresses and/or URLs of other users. Forwarding of any kind of data of nonmembers is also prohibited.
(11) Entry of sexual, pornographic, offensive, politically radical or other illegal contents in replies is prohibited. In addition, the following actions are also prohibited: threatening or harassment of others, violation of the rights (including the rights to privacy) of others, or the promising or demanding of money or services of monetary value.
(12) No commercial advertising may be made in replies for one's own purposes or for third parties. This shall apply, including but not limited to, advertising for other Internet offerings and for advertising for service telephone numbers subject to charge.
(13) 50plus-Club checks profiles using its available possibilities to ensure their compliance with these Terms of Use. However, 50plus-Club shall not assume any kind of shared responsibility for the content of the profiles.
§ 7 Termination of the Agreement, Cancellation
(1) User shall have the right to cancel the concluded Agreement at any time. However, user shall not be entitled to a refund of the fee paid to 50plus-Club.
(2) Should user violate these General Terms and Conditions, then 50plus-Club shall be entitled to block user access or to completely delete the corresponding profile at any time. In cases of doubt, 50plus-Club shall have the final right of decision in determining the permissibility of the use in question.
(3) If user access is blocked due to a breach of this Agreement, then the unused credit balances shall be allocated proportionately to the period of use to date and the according balance for use be retained by 50plus-Club, together with a lump sum processing fee of EUR 25 for the prevention of a violation of the Agreement.
(4) 50plus-Club may take legal action under German civil law, if user, deliberately or with fraudulent intent, enters incorrect information in the questionnaire. Such user action shall lead to immediate cancellation of the Agreement with no refund of any kind of the fee paid to 50plus-Club.
(5) All 50plus-Club user data shall be deleted upon termination of the Agreement.
§ 8 Limitations of Liability
(1) 50plus-Club shall assume no liability whatsoever for detriments incurred by interested parties, parties making entries or third parties as a result of use of its Internet platform.
(2) 50plus-Club shall also assume no liability in cases in which the functionality of its Internet platform is interrupted, impaired or destroyed by force majeure, strike, lock-out, operational disruptions, or externally caused interference with its structures.
(3) 50plus-Club excludes any kind of guarantee of the functionality of its communication platform and makes no warranties regarding the correctness, suitability, dependability, timeliness or accuracy of the information entered therein.
(4) 50plus-Club shall not be liable for the unauthorized acquisition of knowledge of user personal data by third parties (for example, via unauthorized access by "hackers" to the 50plus-Club database).
(5) 50plus-Club shall also not be liable for the case in which data and information, which users themselves made available to third parties, are misused by such third parties.
(6) 50plus-Club shall assume no responsibility for a possible delay, deletion, mistransmission or storage system failure during communication between users or in connection with personally designed sections.
§ 9 Changes of the General Terms and Conditions
(1) 50plus-Club reserves the right to change the General Terms and Conditions.
(2) User confirms his/her agreement with the application of the modified General Terms and Conditions to agreements already concluded prior to the change, provided that 50plus-Club notifies user that a change has been made to the General Terms and Conditions, and user does not object to the change within a time limit of two weeks, with such time limit beginning on the day following the notification of change.
(3) The notification of change must contain, in addition to information regarding availability of the modified text, information again describing the possibility of and time limit for raising an objection, as well as information on the significance and consequences of failing to raise an objection. The notification of change may be sent as well to the Email address provided by the user.
§ 10 Other Provisions
(1) All 50plus-Club contents are protected by copyright. Copying of its contents, including but not limited to, user profiles or Email addresses and publication in another form, without the written approval of 50plus-Club, are prohibited.
(2) 50plus-Club shall assume no liability for damages to computer systems or personal inconveniences and detriments to 50plus-Club users, which are attributable to the viewing and use of 50plus-Club, a response to a profile, fault of the Internet provider or hosting provider of 50plus-Club, or the call-up of external links (including advertising banners).
(3) 50plus-Club shall be entitled to exclude users from further use of individual or all 50plus-Club offerings without adherence to a time limit or specification of reasons therefor. 50plus-Club may also refuse individual profiles.
(4) Should an excluded user nevertheless makes use of the 50plus-Club Internet offering, for example, by assuming a different identity, then 50plus-Club reserves the right to take legal action in response.
(5) 50plus-Club is operated solely at the discretion of 50plus-Club. 50plus-Club shall be entitled but not obligated to check the content of any kind of text, as well as each uploaded image, for compliance with the guidelines on which these provisions are based and, if necessary, to change or to delete these.
(6) 50plus-Club reserves the right to assert claims for damages in connection with violations of these General Terms and Conditions, for example, due to image loss. In such cases, the minimum amount of damages shall amount to EUR 500,-. The assertion of a further claim for damages shall remain unaffected by the above.
(7) The laws of the Federal Republic of Germany shall govern the contractual relationships between the parties.
(8) The sole place of jurisdiction shall be Munich, Federal Republic of Germany.
§ 11 Severability Clause
Should individual provisions of these General Terms and Conditions be or become invalid, then this shall not affect the validity of the remaining provisions of these General Terms and Conditions. The invalid or incomplete provision shall be replaced or supplemented by a provision which comes as close as possible to the originally intended economic result.
Munich, September 12, 2011