§1 The use of the web service provided is subject exclusively to the following General Terms and Conditions.
§2 freshSingle.com provides its services exclusively for private and not for commercial purposes. By registering, each user accepts that he or she will only use the services for private purposes. The user may not allow other persons to use his or her membership and may not cede or in any other way transfer his or her account to any other natural or legal person. The user pledges to provide truthful information when registering.
§3 freshSingle.com enables its users to access a database system containing profiles of and information about other members. Members may use the database to look at the profiles of other members and in addition to contact these by e-mail.
§4 All services of freshSingle.com are free of charge.
§5 All customer and account details will be treated confidentially and may not be made available to third parties.
§6 Both the user and freshSingle.com may terminate the contract at any time without necessity of giving notice or providing any reason or explanation.
§7 freshSingle.com merely provides a technical platform. It can accept no guarantee in respect of successful establishment of contact.
§8 By participating in the information exchange made available on the website, the user transfers to freshSingle.com an irrevocable and indefinite right to unlimited use of his or her participant data (including photos) within the scope of freshSingle.com’s business purpose, in particular rights of reproduction, publication, amendment, storage and publication using electronic media and databases. The user guarantees that there is no breach of the rights of third parties in respect of the data provided and/or pictures.
§9 The user is committed not to make improper use of the service provided by freshSingle.com. This particularly applies in respect of the dissemination of any defamatory, incorrect, insulting, obscene, indecent, sexually oriented, threatening, harassing or racist material and placement of “links” to third party provision of such.
§10 Users are not permitted to send messages to other users for any other purpose than that of personal communication, including the offering of products or services. Chain letters and circulars are forbidden, as are stating surnames, addresses, telephone numbers, fax numbers, messenger data, (such as ICQ, MSN etc.) URL’s or e-mail addresses in all descriptions, photos and information submitted. Providers of commercial services are not permitted to use freshSingle.com, in particular in respect of any kind of customer acquisition (including added value services, premium SMS services, spam) including indirect advertising.
§11 freshSingle.com cannot provide any guarantee in respect of the functionality of the platform and cannot provide any assurances as to the correctness, suitability, reliability, timeliness and accuracy of any information provided therein.
§12 The user shall be committed to exempt freshSingle.com from all obligations, expenses and claims arising in respect of damages for slander, libel, breach of personal rights or in respect of non-availability of services for members, infringement of non-economic goods or any other rights.
§13 freshSingle.com reserves the right to suspend or terminate access with immediate effect in the event of becoming aware of a breach of a stipulation contained within these General Terms and Conditions on the part of the user.
§14 There are no oral collateral agreements. In the event a stipulation contained within this agreement is invalid in whole or in part, all other stipulations shall be unaffected and shall retain their validity. The law of the Federal Republic of Germany shall apply in respect of all legal relationships arising from this agreement for the contractual parties and their legal successors. Place of jurisdiction is Waiblingen, Germany.