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New registration

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General conditions of business:

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General Conditions of Business

§1 Introductory Remarks and Scope

a)
The internet portal “Babelyou” represents a single, individual company. Mr Andreas König is the contractual partner and he is the owner of the company and the internet portal. Subsequently in this text the synonym "Babelyou" will be used. The contractual partner from "Babelyou" is referred to as the “user” and sometimes as the “member”.       

b)
By registering with Babelyou the user simultaneously accepts the general conditions of business detailed in this document. The acceptance of these conditions is given up by the user during the registration process when the user confirms acceptance of the general conditions of business. It is not possible to register without first accepting these general conditions of business.
Only users that are over 14 years old can register with Babelyou.

c)
The following general conditions of business apply exclusively. Any user defined conditions of use deviating from these general conditions of business do not apply.
These general conditions of business also apply even if not specifically mentioned at the moment when payable services are used by the user, for example in Top-Appointments and Top-Small Advertisements. In the case of Top-Appointments and Top-Small Advertisements these items relate specifically to payable services and the fact that these services must be paid for is explicitly indicated when the user engages the services.  


§ 2 Concluding a Contract and Contract Duration

a)
The user confirms to Babelyou that the user is over 14 years of age.
Babelyou is permitted to check the personal details of the user using the appropriate official papers supplied by the user and to delete the user if the application is incorrect or if no appropriate papers have been or are supplied.

b) 
The usage contract becomes effective immediately after the user has successfully registered and received a confirmatory email together with access details from Babelyou.

c)
Babelyou offers its services for both private and commercial purposes.




§ 3 Costs

a)
The member access to Babelyou is without charge.

b)
Specific services and benefits beyond the standard member access service are payable services. The prices are explicitly presented to the user before the user can use these payable services (e.g. Top-Appointments and Top-Small Advertisements). Further, it is also required that the user confirms in advance that they explicitly accept that these services are payable services and that they accept the specific charges to be incurred in any specific cases before applying for such services. 


§ 4 Description of Services and their Scope

Babelyou provides an internet portal where users can make contact and get to know one-another and create friendships for free-time, sport, travel and partnership purposes. 
In addition, it is also possible to submit small advertisements and publicize dates or deadlines (e.g. for events). A member that is logged-in also has the possibility to search for other persons (members) within the portal whose profiles are stored in a central database. The members can view profiles of other members and make contact with them. The same is true for the speech partner portal.      

§ 5 Liabilities

a)
Babelyou does not give any guarantee and does not accept any guarantee that a successful contact between users will take place during the contractual period. As a consequence Babelyou accepts no liability if no contacts result and further accepts no responsibility or liability for the content of any written messages in either the forum or chat areas.

b)
A liability for damages exists only in cases where Babelyou is responsible for gross negligence or deliberate breach of duty or is responsible for gross negligence or deliberate breach of duty by a legal representative or assistant of Babelyou, (except for the case of damage to life, body or health). In the case of damage to life, body or health liability may exist in addition to a case of deliberate or gross negligence of responsibility also because of neglect of responsibility by Babelyou as well as its legal representatives or assistants. 

c)
Babelyou has no liability for any wrong statements originating from the user during registration whereby because of the scope and nature of these statements it is not possible as a result to complete an exact check or to be able to make any check at all.


d)
Babelyou is not responsible for any eventual misuse of data or information by other users or third parties, especially if, the user themselves provided access to such data or information. Babelyou also accepts no liability for such unauthorized requests for data or information in cases where such unauthorized accesses are made to the database by third parties, so long as Babelyou itself or its legal representatives or assistants are not guilty of making such unauthorized access themselves.

e) Babelyou is not liable for any irrelevant adverse effects of the offered services.
Babelyou has absolutely no liability for adverse effects of non-paid services.
Babelyou provides neither a guarantee for the continuous usage and/or availability of services or for any delays in transmission or interruptions due to technical faults. For example, it is possible that there will be an interruption of service due to technical disturbances or due to necessary maintenance work.  


§ 6 Rules of Usage

a)
The user is forbidden to add e-mail addresses, domains and links to other internet sites to its user profile or at any other place in the Babelyou portal or in any other foreign form to display other users or to make them visible.
Babelyou reserves the right to delete such profiles and in such cases any payments received would not be refunded to the user.

b)
No refund is given when an article is advertised but not sold under the “small advertisement portal”. 

c)
Babelyou assumes no responsibility for the correctness or content of dates or small advertisements inserted by users. Babelyou only provides the platform for the placement of dates and small advertisements. Each individual user is solely responsible for the correctness and content of their dates and small advertisements.

d) 
One time inserted dates or small advertisements cannot be altered. There is however the possibility that the user can delete before expiration, but in this case the setup price is not refunded. 

e)
Babelyou reserves the right to delete messages, text, dates, events and small advertisements that are immoral, suspect, criminal or against the law.
Text with such content will be deleted. Any payments associated with such insertions will not be refunded. 




§ 7 Prices

a)
Certain services, that are not included in the frame of the free membership, are chargeable and are displayed as payable services or benefits.
By taking advantage of these payable services the user accepts the responsibility to pay when clicking in this case on the confirmation field that is offered. The exact costs and conditions for each payable service can be seen on the associated page, where the service is offered.    

b)

The following should be taken into account when paying for payable services:

-	Top-Small Advertisements:
The cost for a Top-Small Advertisement is explicitly displayed to the user when the service is used. A Small Advertisement that is inserted one time remains visible on display for 10 days for all users. After 10 days the Top-Small Advertisement is deleted automatically.

-	Top-Date:
The cost for a Top-Date is explicitly displayed to the user when the service is used. A Top-Date that is inserted one time remains visible on display until the date of the Top-Date, for all users. On the following day after the Top-Date the Top-Date that has been specified is deleted automatically.

c)
In the event that the account data, the credit card number or the address is wrongly submitted, or in the case of a returned booking that is attributed to the user, an administrative charge of 50.00 € will become due.


§ 8 Conditions of Payment

a)
Any payments are to be made in advance without any discount to Babelyou. The payment will be booked up by bank transfer, credit card or by some similar kind of payment method.

b)
The user will be informed about the amount that is to be booked by e-mail. No special financial statement will be provided.   


§ 9 Data Usage

a)
Babelyou archives personal information about the user in different ways at different places in the Babelyou web site as well as information received as a result of the user using services offered by Babelyou.
This information is received by Babelyou due to information supplied by the user as well as the result of the user taking advantage of the services offered by Babelyou. By taking advantage of the services offered by the Operator the user also simultaneously accepts that the Operator can store its personal data in electronic form.

b)
Babelyou archives, uses and analyses information in order to provide a functioning Babelyou platform or other platform belonging to Babelyou so that the users may consequently receive better and improved service. In particular Babelyou is permitted to give the alias and membership number of the user, to other users in order to enable the exchange of messages to take place between the users. The alias does not however reveal the real identity of the individual user (name, full address, telephone number, email address, account details).

c)
Babelyou is further permitted to give the data that has been collected to Mobile Network Operators as far as this in required in order to be able to bill payable services. 

d)
In the event that a user accesses a service from Babelyou via a partner web site page then the user data is stored in an anonymous manner using a Cookie. These Cookies do not contain any personal related data of the user rather they are only exclusively used to maintain the partner program. These Cookies are automatically deleted when the user logs-in (registers) as a member by Babelyou. In the event that the user does not register with Babelyou, the Cookies are automatically deleted after 30 days.    

§ 10 De-registration, Cancellation, Termination of Contract

a)
The user is permitted at any time to de-register membership and may do this without giving any reason. The user profile is deleted by the act of de-registration. The contractual relationship that had previously existed is then ended. 
No refund is made for any payable services that have been taken advantage of and have already been paid.   

b)
The user that has taken advantage of payable services can at any time, up to the end of the current billing period, cancel the contract between the parties.

c)
After the contract or membership has been ended various data referring to the user will be deleted by Babelyou.



§ 11 Accountabilities and Responsibility of the User  

a)
The user is solely responsible for registration content and therefore also for the information that is provided. The user assures that the data submitted to Babelyou are true and apply only to the user.

b)
The user is responsible for protecting the Operator from any kind of legal action, damages, loss or demands against it that results from the user registering and/or using any service from Babelyou. This is not true if the damages, demands etc have been caused by Babelyou. 
The user is especially responsible to release the Operator from every kind of liability and from all responsibilities, costs and demands that result from damages due to insults, bad defamation, and damages to personal rights, due to loss of services for other users, due to damage of immaterial goods, trade marks, copyright, competitive advantages or other rights. The responsibility to protect extends itself also to cover any costs that are required to protect against such claims.

c)
The user is responsible to hold messages and information in confidence and to only release such messages or information after receiving explicit acceptance enabling them to do so from the Third Party that has sent such messages or information.      
This is also true for names, telephone numbers and address data.

d)
Further the user agrees not to misuse the service and especially:
- Not to distribute defamatory, offensive or in any other way unlawful material or similar kinds of information over the service. This is especially true for pornographic, racist, incitement to racial hatred or comparable content;
- Not to use the service to be a nuisance to other users, to threaten or to violate the rights (including the personal rights) of third parties;
- Not to make mail addresses, URLs, Links or any other thinkable kind of information visible in a users profile, that could give a hint to other internet web sites or that could lead to such sites;
- Not to bring data into the system that could contain a computer virus (infected software) or that contains software or other material that is copyright protected except of course in the case where the user has the rights to use such software or has obtained an appropriate agreement to use such software;
- Not to use the service in such a way that negatively influences the availability of the service or its offerings for other users;
- Not to intercept messages intended for other users and even not to attempt to do so;
- Only to send messages to other users exclusively for the purposes of communication, not to advertise or to make offers of goods or services to other members (except in cases where this is allowed explicitly by the Operator);
- Not to send chain letters.  

e)
In the case that any of the responsibilities of the user listed before in 11 a) till 11 d) are not observed and complied with, then this can lead to immediate cancellation of the contract between Babelyou and the user as well as further leading to both civil and legal consequences. 
Babelyou especially reserves the right to exclude those users from service if the user (through normal usage or in the registration process) distributes immoral, radical political or obscene content or photographs on Babelyou. 


§ 12 Liquidated Damages

In the event that the user uses confidential data that has been received from a Third Party for its own commercial purposes or passes such data onto another Third Party, then the user commits and agrees herewith to pay liquidated damages in amount of 2.000,00 € for each proven offence to the Operator. 
The user is allowed to prove that damages are not valid or have not accrued to this value.
However, Babelyou still maintains the right to prove that damages have been inflicted in larger value.

§ 13 Inclusions of Third Parties

The Operator has the right to sub-contract to third parties in order to provide certain services or products to complete the delivery of its services to the users.


§ 14 Contractual Exclusion of Set-Off

Any contractual exclusion of set-off is only then valid when it has been legally accepted in a formal counterclaim or accepted by Babelyou.
The user only has the right to be able to perform the right-to-withhold when its counterclaim relates to the same contractual relationship.  


§ 15 Court of Jurisdiction and Applicable Law 

a)
The Court of Jurisdiction for any claims resulting from this contract is Leipzig (Germany) as far as it applies to commercial contractual parties. 

b)
The legal system of Germany (the Bundesrepublik Deutschland) applies as far as this is not altered by any overriding Customer Protection Rules and Guidelines.


§ 16 Alterations to the General Conditions of Business 

a)
Babelyou reserves the right at any time to change this General Conditions of Business especially when its services are extended further or also after changes are made to the legal system. This right to change is valid for §§ 1 c, 3, 4, 6, 7, 9, 10 and 11 of these General Conditions of Business.

b)
The changed General Conditions of Business should be sent to the user by email at least 4-weeks before coming into force. 
The user has the right within 4-weeks after the receipt of the email containing the altered General Conditions of Business, to object to the validity of the altered General Conditions of Business. In the event that the user does not object then the changed General Conditions of Business come into force. Babelyou will especially make clear in the email that is sent to the user containing the changed General Conditions of Business that there is a 4-week grace period.


§ 17 Transfers of Rights and Responsibilities from this Contract

Babelyou has the right to transfer its rights and responsibilities from this contract either completely or partly to either a natural or legal entity Third Party within 4-weeks of having sent an email to the user explaining this and the user having received this email. In such a case the user has the right to cancel the contract within 4-weeks after receiving this email. When the user does not cancel then the contract continues together with the new contractual partner.      

The case of such transfer can occur for example when the existing owner of the portal (see § 1 a) divests the portal to another company.  


§ 18 Final Provisions

a)
Changes or extensions to this contract can only be made in written form. This is also true for the written form in itself. Verbal comments are excluded. The parties agree that it is adequate to use email to satisfy the legal written form for declaration of acceptance. 

b)
In the event that one part or clause of these General Conditions of Business be invalid or become invalid then it is agreed that the effectiveness of any other part or clause of the contract remains intact and valid.
The invalid part or clause should be replaced by another part or clause that reflects the sense and purpose of the invalid part or clause that in its legal sense comes closest to the original commercial meaning.
The same is true for any contractual gaps.

c)
In the case of disputes about individual parts or clauses of this General Conditions of Business then the interpretation of the original German text is all-deciding.

Data Protection Declaration by Babelyou

We lay great value on the protection of the private sphere of our users. Because of this we have given special attention to the area of the protection of personal data. Naturally, Babelyou guarantees that all lawful data protection laws, rules and guidelines will be observed.


§ 1 Agreement for the Usage of Personal Data

Personal data are individual pieces of information which can be used to draw conclusions about the identity or factual behavior of a person. Such data includes: name, address, telephone number as well as the e-mail address of the user.

Further personal data will also be stored that does not directly relate to the identity or factual behavior of an individual person. This data includes: age, gender, domicile and interests among other items and as far as the user submits such data in the frame of the registration process or subsequent usage of Babelyou. 

The user agrees to the usage of the data that they have provided in order that the contractual relationship may be realized and executed. 

Further, the user accepts by registering an explicit and separate confirmation that Babelyou may use the email address supplied to send messages and that in such messages there may be, apart from the information from Babelyou, also advertisements from other Third Parties. The email address of the user has however not been given to any other Third Party in order to realize this. Babelyou finances itself almost exclusively by advertising revenues. In as much as it is not possible for a user to agree to this, then a contractual relationship cannot be established between Babelyou and the user.   


§ 2 Data that is Visible for other Users

The user profile that has been submitted by the user to Babelyou is visible for other users and other Third Parties.
The user profile contains, because of the use of aliases as user names, only data that cannot be used to draw any conclusions about the real identity of the user.
The data that is visible in the user profile includes the following data that was submitted by the user during registration: State or county, postal code, city, date of birth and gender.
Further, other data is also visible that is not absolutely necessary in order to be able to use Babelyou but that may be submitted by freewill into its user profile by the user, within the frame of usage of Babelyou.
As far as the user submits such additional data into their user profile or supplies such data then it follows that the user agrees that such data will be visible for other users or Third Parties.       


§ 3 Creation of User Profiles; Personalised Advertising

The data listed in § 1 of this data protection declaration is requested in order to be able to create a user profile.

User profiles are created using aliases for reasons related to advertising, market research as well as reasonable needs for purposes of design by Babelyou. These user profiles are not integrated together with data related to the owner of the alias.  
You have the right to object to the creation of such a user profile.
It should be noted however, that without the creation of a user profile that the use of Babelyou is not possible.

Data through which it is not possible to make any conclusions about the person behind the user name is used for the preparation of personalized advertising.
Such data might include:  age, gender, domicile (only the local authority – not the full address), postal code, state or county as well as certain group memberships within Babelyou as well as their content.   

The user agrees, during their registration in an explicit separate confirmation, to the usage of the data referred to above for personalized advertising purposes as well as the usage of that data that has been additionally submitted into their user profile.  

Personalised advertising refers to those advertisements that are created when Babelyou sites are used. These are selected based on data that is supplied by the user, though data used for such purposes cannot be used to identify the person.

Babelyou finances itself almost exclusively through advertising. In as much as it is not possible for a user to agree to this, then a contractual relationship cannot be established between Babelyou and the user.   


§ 4 Passing on of Data to Third Parties

Babelyou will hold your personal and non-personal data in complete confidence and fundamentally will never give it to Third Parties.
Likewise Third Parties do not have any direct access to user data.

Excluded from this are the cases when the transmission of such data is required for billing purposes by our business partners or when it is used on other sides of Babelyou. 


§ 5 Cookies

Our internet sites use so-called Cookies at many different places. These serve to make what we offer more user-friendly, effective and safe. Cookies are small text files that are archived on your computer and also saved by your Browser. Most of the Cookies used by us are so-called “Session Cookies”. These are deleted automatically at the end of your visit to our site. Cookies do not cause any damage to your computer and do not contain any viruses.
If you want to reject the use of Cookies you can do this by making a change in the setup of your Web Browser. To do this you must deactivate the appropriate function. This can however lead to only a restricted use of our web site. 


§ 6 Rescinding Your Agreement; Deletion of Your Data

The agreement to store user data can be rescinded at any time by the user. The deletion of the data occurs as soon as the agreement to store data has been withdrawn.
Likewise the deletion occurs when the knowledge about your personal and non-personal data is no longer necessary in order to fulfill the purpose of the storage or when their storage is unapproved because of any other lawful reason.  


§ 7 Right to Information

We will be pleased to inform you about data that is stored related to your person, 	when requested.


§ 8 Notes on Security

We take a lot of effort, by taking advantage of all technical and organizational 	possibilities, to store your data in such a manner to avoid them being accessed by 	Third Parties. However, in the case of communication by email it is not possible for us to guarantee full data security to the same extent as for example when using 	communication by post. Because of this we recommend that the post is used for 	confidential information. 


§ 9 Changes to this Declaration

Babelyou reserves the right to alter this data protection declaration at any time within the frame of lawful requirements. In such a case the user will be informed explicitly by email.

I have read and I accept the general conditions of business.

I have read and understand the conditions and fully agree to them.