Terms of use
General Terms and Conditions for the Use of the Internet Platform www.kussmich.com
I. Provider, Subject of the Offer, Validity of the Conditions
- The provider of the internet platform www.kussmich.com is:
(Falls Sie kündigen oder gelöscht werden wollen bzw. Fragen an uns haben, so nutzen Sie bitte im eingeloggten Zustand das "KONTAKT-Formular" unten auf dieser Webseite)
hereinafter referred to as the Operator.
www.kussmich.com is a portal through which participants can get in contact with each other and get to know one another. Participants have the opportunity to search for other people within the portal whose profiles are stored in a central database. Participants can view the profiles of other participants and get in touch with them.
The Operator does not guarantee that a successful contact mediation will take place. This also applies if the participant uses paid services.
For the use of the internet platform www.kussmich.com, exclusively the following Terms and Conditions apply.
II. Conclusion of Contract, Costs for Chargeable Services, Price Adjustment
- The offer of the internet platform www.kussmich.com is directed exclusively at private participants who have reached the age of 18. Use by commercial participants is not permitted. The use takes place exclusively in the German language.
- The use of the internet platform www.kussmich.com requires the conclusion of a usage contract. The contract is concluded when the participant registers as a user via the “Login/Register” button. By clicking the “Send” button in the registration mask, the participant submits their declaration of intent aimed at concluding the contract. The Operator confirms receipt immediately after receiving the data by e-mail. The usage contract is concluded with this e-mail.
The use of some services on the platform www.kussmich.com is subject to a charge. Payment of the fees is only possible with Flirtcoins, which the participant must purchase in advance for a fee. Before using such services, the participant will be expressly informed of the chargeability by stating the number of Flirtcoins to be used, and active confirmation by clicking a confirmation field is required for each use.
3. RIGHTS AND OBLIGATIONS OF THE COMPANY 3.1. Monitoring of Information. We may use third-party advertising companies to serve ads when you visit our website. These companies may use information about your interests in order to provide advertisements about goods and services of interest to you.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
3.2. No Responsibility. You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
4. RIGHTS AND OBLIGATIONS OF USERS 4.1. Eligibility. You must be 18 years of age or older to visit or use this Website or the Services in any manner. By visiting the Website or accepting these Terms of Use, you represent and warrant to the Company that you: (i) are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by the Agreement; (ii) will use the Website in a manner consistent with any and all applicable laws and regulations; and (iii) have not been convicted of any felony and are not required to register as a sex offender with any government authority.
4.2. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your username and password.
4.3. Code of Conduct. You agree to use the Service in accordance with the following Code of Conduct:
You shall keep all information provided to you through the Service as private and confidential and shall not give such information to anyone without the permission of the person who provided it to you.
You shall not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
You shall not forward chain letters through the Service.
You shall not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
You shall not post messages, pictures or recordings or use the Service in any way that:
- violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or
- is fraudulent or otherwise unlawful or violates any law.
You shall not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
You shall not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, the Company, its systems, or any other members’ systems in any way.
4.4. Security. You agree to immediately notify the Company of any unauthorized use of your username or password or any unauthorized access to your account. For your own security, it is advisable to log out when you finish each use of the Services, especially if you are using a public computer or share a computer with others. When logging into the Services using a public computer please use caution to prevent other people from learning your username and password.
4.5. Interaction with the Kussmich Network. By signing up on the Website you agree that the following information about you including but not limited to: photographs, first name, last name, nickname, age, birthdate and other information will be downloaded in the Kussmich Network. Your login information such as email address and password will be encrypted by the method of irreversible encryption and only used by the Network to confirm your identity.
By registering with the Website you grant Kussmich LTD the right to use your User Content as necessary in connection with the provision of the Services including:
- making your profile visible to the users on the Partner Pages (which will substantially increase the reach of your profile and the chances of finding a successful match);
- publishing your profile except for personal contact information (such as telephone number and email address) on Partner Pages as part of their promotion of the Site;
- making your profile visible to other Users within dating service specific emails (e.g. new local users notification, and so on).
You agree to receive messages from the end users of the Kussmich Network for the purpose of acquaintance and interpersonal messaging.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON THE USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF THE USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF THE USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRY SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT THE COMPANY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS.
4.6. Account Deletion. If you decide to be removed from the Website, you may delete your account and all information contained in the account including your ID and URL to the profile page. In that case, your photographs, first name, last name, nickname, age and birthdate, and any other information including personal contact information will be deleted from the Website and the Kussmich Network and effectively blocked on the Partner Pages.
4.7. External Links. The Service may contain links to other Internet sites and resources (“External Links”). You acknowledge that we are not responsible for and have no liability as a result of the availability of External Links or their contents.
(Full disclaimer text regarding external links as in the previous version remains the same.)
4.8. Disclosure by Law. (Full text remains the same as previously translated.)
5. PAID MEMBERSHIPS AND PAID FEATURES 5.1. You shall pay the admission fee in the amount of xx (xx) USD to the Company for registration on www.kussmich.com. 5.2. You shall pay monthly association fees in the amount of xx (xx) USD to the Company for monthly access to www.kussmich.com. 5.3. Both the admission fee and monthly association fees are subject to change upon prior notice from the Company.
6. CLAIMS OF COPYRIGHT INFRINGEMENT 6.1. (Full text remains the same as previously translated.)
7. TERMINATION 7.1. (Full text remains the same as previously translated.)
8. CONTACT INFORMATION The Site and the Service are operated by the Company, whose registered office is ADDRESS. Communications relating to the Site or Service should be sent to support@kussmich.com.