Please note that the legally binding version of our terms of service is the German version.
Allerkampstrasse 12 A
- in here later referred to as provider -
To use the website www.datingwalk.com, a prior registration by the user is necessary. The user agrees to the following regulation concerning the use of this website:
1. Subject of the contract
(1) The provider runs an online dating agency under www.datingwalk.com. The registration at the website is free of charge. Further, the provider offers additional services with costs.
(2) Subject of the contract is the use of the services and functions offered by the provider on this website, in particular the upload of own contents, creation of user profiles as well as the possibility of access to other user profiles and contact to other users. The scope of the services is determined by the description of the offer at the time of the conclusion of the contract.
(3) The provider merely offers technical facilities for initial contact and does not guarantee the actual establishment of the contact. The provider supplies information about persons from the database to registered users.
(4) NO subject of the contract is the actual marriage-broking, marriage initiation or any lasting or recurring contractual action directed towards the establishment of a partnership or marriage.
(5) The services of the provider are to be used for private purposes only. The commercial use is prohibited.
(6) Users may not legally claim to use the services of the provider. The provider reserves the right to refuse the conclusion of the contract with the user without giving any reasons.
2. Registration and conclusion of the contract
(1) Exclusively persons above the age of 18 may conclude a contract.
(2) The access to the services of the provider requires a priory free-of-charge registration. The user may use a password of his/ her own choice.
(3) By registering, the user accepts these terms of service and confirms that he/she is above the age of 18. The contract between the user and the provider is only effectively concluded by the confirmation of the registration by the provider.
(4) By placing an order for services with costs, the user concludes an additional contract; separately from concluding the registration contract. The user will be informed about the costs of services and terms of payment prior to concluding this contract. The contract is concluded by the confirmation of the user clicking the respective button.
3. Duration of the contract
(1) The duration of the contract is indefinite.
(2) The user may at any time cancel the free-of-charge membership by e-mail. The provider may cancel the contract at any time towards the end of a month 14 days before the end of the month. An effective cancellation leads to the permanent deletion of the user's account and all person-related data, unless legal regulations require the storage of those data.
(3) The right to cancel the contract for cause remains unchallenged for both contractual partners. The provider has the right to extraordinary cancellation in cases of culpable violations of No. 5 of these terms of service.
4. Services with costs, payment, default
(1) The registration and the use of basic functions of this platform are free of charge. In order to use all functions of this platform, a Gold-membership is required, which can be separately concluded by the user. Prices are as stated on the website of the provider at the moment of placing the order. The Gold-membership begins with the activation of the full access area after receipt of payment.
(2) Gold-membership contracts do not automatically extend. You may extend the contract on a regular basis by choosing the option "regular extension" on your initial payment.
(3) If the user defaults in payment, the provider is entitled to claim interests 5 % points above the interest rate of the European Central Bank. If the provider claims higher default damage, the user is entitled to prove that the claimed damage is non-existent or significantly lower.
5. Prohibited contents
(1) The user commits himself/ herself not to use this website for the purpose of distributing illegal contents. The user grants not to publish any contents that violate current laws or the rights of third parties.
(2) This especially applies to the following list (to be continued):
(3) Further, it is prohibited
(4) The placing of advertising media, no matter what format, is only allowed with the explicit permission of the provider.
6. Upload of contents, granting of usage rights, image editing
(1) The user has to take care only to upload contents (photographs, texts, videos etc.) on which he/she has the copy rights (self-made) or on which the user has been effectively transferred the respective usage right to publication. The user has to take care that the right to one's own picture is not violated by the pictured persons.
(2) The user grants the provider the simple and unlimited, non-withdrawable and non-transferable right regarding time, contents and space to use the user's uploaded contents on the website of the provider.
(3) The provider reserves the right to edit the user's contents in order to grant a standardized format for the publishing. Especially, the provider reserves the right to shorten the user's contents for editorial reasons. The user agrees to the above mentioned form of editing of the contents.
7. Responsibility for contents
(1) The provider is not liable for correctness, quality, completeness, reliability, type or authenticity of the user's postings. The published postings do not represent the expression of opinion of the provider, and the provider does not adopt the postings as his/her own.
(2) According to the German Telemedia Act (TMG), service providers are not obligated to monitor the transmitted and stored third-party information or to search for evidences that point to illegal actions without reasonable indication. The provider is only liable for contents of third parties if the provider has knowledge about illegal information or actions and, in case of damage claims, if the provider has knowledge about facts or circumstances that reveal illegal information or actions or if the provider failed to act immediately in order to remove this information or to block access.
(3) On notification about the respective violations of law by third parties, the provider will immediately block or delete illegal postings as well as take appropriate measures to avoid violations of law in the future.
8. Blocking of postings, exclusion of users
(1) As far as there is substantial evidence that a user has used the provider's website contrary to No. 5 of these terms of service or to distribute illegal contents, especially postings that violate rights of third parties, the provider is entitled to block access to those postings by adequate measures.
(2) The provider is entitled to permanently exclude users in cases of violations of these terms of service. The legitimate interests of the user will be respected, especially the fact whether the violations are due to the user's fault.
(3) If a user is permanently excluded from the use of this website, he/she is not allowed to re-register, no matter using what name. A re-registration after the deletion or blocking of a member account requires the explicit written permission of the provider.
9. Indemnification of liability
(1) The user supports the provider to fight claims of third parties resulting from the user's uploaded contents, in particular by providing information required for the defense.
(2) The user is obligated to compensate the provider for expenses resulting from legal measures against third parties caused by the user's uploaded contents. The obligation to compensation only applies if actions or omissions resulting in legal measure are due to the user's fault.
10. Data protection
11. Applicable law, place of jurisdiction
(1) These terms of service are subject to the law of the Federal Republic of Germany.
(2) As far as the user is a salesman/woman according to the German Commercial Code, the exclusive place of jurisdiction is Celle. The same applies if the user has relocated his/her residence abroad after the conclusion of the contract or has no general place of jurisdiction in Germany.
12. Final regulation
If a single regulation of this contract is or becomes invalid or unenforceable, other regulations of this contract remain unchallenged.