Terms and Conditions
Terms and Conditions for
§ 1 Range and Definitions
(1) Aphili8 UG, with internet address www.zwira.com is a communication platform for dating sites (in further text: chat). For every user in chat and for participant from other sub domains will be applied same terms. With signing in or starting a session, you acknowledge that you, as a user, accept Terms and Conditions of this site and confirm that you understand them as a part of your agreement to enter this site.
(2) The Company retains its right to change these Terms and Conditions if the Company thinks that it is necessary. The users will be able to access to current version of the site (which is in according to our Conditions) at any time. The Company does not have any obligation to notify the users about changes that have been made. The users have to be aware of these terms and conditions while using services of this site.
(3) After the modifications of site users will be able to use our services only after they acknowledge that they understand and accept changes made in these Terms and Conditions.
(4) Continuous using of our site, by the user, after its modification, will be considered as acceptance to modified Terms and Conditions.
§ 2 Access
(1) The chat can be used only after signing in as a user. The user is obliged to complete a registration form and to give truthful data. If any change occurs the user is obliged to update his data and to send them to the company. After the registration, the users' Username and Password will be approved, if there doesn't exist any problem (such as inadmissibility, because of its offending content). Registration of offensive Username will not be allowed. The user can make his data confidential and to not allow access to his information, to other users. The chat and other services offered by this site can be used only by registered user. The content of users communication with other users is strictly private.
(2) The registration of users is free of charge. Every user can have only one Username which he will use to communicate on this site. However, the administrator and moderator of this site (see paragraph 1, second item) can participate in communication with other users using different usernames. The users are not obliged to participate in chat after their registration. Nevertheless, company reserves the right to delete any profile (with all its content) that hasn't been used in more than 180 days and doesn't have any more credits. Retrieval of a username will be approved in a case of a re-registration. If there doesn't exist any legal reason for preservation of a users data, the same will be deleted together with the users profile. With deletion of a users profile also stops any contractual obligations.
(3) User has to be at least 18 years of age to use services on this site. By entering on this site, user confirms that all conditions have been fulfilled and that he has read and understood Terms and Conditions of this site and he agrees to be bound by them. The company warns that some services on this site are not recommended for persons under the age of 18 years. The company offers to its users, free of charge, software that prevents persons under the age of 18 to access to harmful internet content.
(4) If there exist any doubt about identity or given information, the company can ask user, in any time, to provide some legal document in order to prove his statements. The company reserves the right to refuse access to the chat to any user until he provides required documents which will allow him further use of sites services.
§ 3 Rights and obligations
(1) According to paragraph 2, section 1 of Terms and Conditions, it is not allowed use of this site for commercial purposes (such as advertising). Also, it is not allowed mass sending of messages with same content (spam). For every violation of these rules user exposes himself to fine of 15.000.00 € (fifteen thousand Euros). This doesn’t exclude sanctioning of other rule breaking.
(2) It is forbidden usage of any illegal information or software that can be harmful for a recipient. Also, it is forbidden, by the penalty of fine, any behavior that produces failure during data transmitting or that causes physical, material or financial harm. Access to chat is possible only by WEB browser or by previously authorized software.
(3) User shall not copy any part of our software or the whole program, or modify, publish, transmit or make any other changes in the software for his or benefits of some third party. Parts of this web site as well as chat messages, mentioned in section 1 (text, software, HTML/Java/Flash/Flash-Quell codes, photos, videos, music, graphic etc) are protected by Copywriting law. Downloading and using of our sites services is available only according to our Terms and Conditions and for personal use solely. It is unacceptable, however, reproduction, copy, transmission, commercial use, publication, distribution or transfer to a different data format in electronic or other form. It is also unacceptable the use of computer programs for automatic reading or writing files. The participant cannot take any action to automatically hide any advertising contained in the website.
(4) Immoral acts are prohibited, illegal or negligent in the use of chat or do so through third party members. In that sense, it is illegal to send messages or data that have illegal content or content that violates common decency. In particular, you make something illegal, harmful to minors, disorderly conduct or illegal or immoral content, such as pornography, rights, racist, violent, defamatory, libelous and / or privacy, infringements content distributed, offered or made available. In addition, participants cannot offer sexual favors, post or make them available. It is illegal to threaten or harass others. It is illegal to promise money or monetary benefits. The links cannot be sent. Products or services may not be advertised. The distribution of prohibited content can result in civil or criminal processing. The company is authorized and may be forced to end or remove any inappropriate content immediately and inform the competent authorities in this regard. Specifically, if necessary, the company is entitled in case of suspicion, to ensure the actions of the participants and the content in question. The participant consents to the removal of content or blocking access to content and / or the temporary or permanent suspension of the subscribers if they are excluded.
(5) It is illegal to distribute the protection of copyrighted works chat or otherwise legally protected or content (e.g. performing arts, music, literature, software, etc.), to reproduce, which can be accessed through links or otherwise used when legal requirements are not met.
(6) The participant is responsible for his own created and published content and chat communications (e.g. links, images, other files, text content). The company has no obligation to verify the content before publication to ensure its legality or chat regularly monitor potential prohibited content for the purposes of these Terms and Conditions. The participant shall indemnify the company from any third party claim for violation of their rights by the contents prohibited under these terms and conditions. The participant shall indemnify the company in particular, all damages suffered by third parties to sue the company because of violation of their rights.
(7) The statements of the company or its employees (including channel controller / driver) to maintain order within the talk will be followed immediately.
(8) Participant is required to treat as confidential email addresses as the other messages or other data that participants received in connection with the use of chat and must not make them available to third parties without the consent of the guardian. Also it is prohibited the use or disclosure of the data of non-participants.
(9) For the user's violation of these Terms and Conditions, particularly when specifying incorrect data in the context of the application / registration or in violation of the obligations of participation in accordance with § 3 of these Terms and Conditions, the company entitled to exercise their 'House Rules'. Specifically, the company has the right to cancel the account temporarily affected, possibly to erase parts of a profile without consultation or to terminate the contract for cause without notice and exclude permanently the defaulting participant to participate in the chat and the contents used or introduced by him in his absolute totality. The decision for taking the action is up to the reasonable discretion of the company, taking into consideration and evaluation of each case and the seriousness of the offense.
§ 4 Obligations of the company
(1) The company offers the general public a private conversation and information exchange for private use of communication and other services. The participant has no legal right to permanent use chat. Specifically, the company is not required to demonstrate a constant availability or accessibility of the service. The chat may be temporarily unavailable for maintenance there for claims against the company participants are not accepted for this. The company, however, endeavors to minimize disruption as far as possible to keep the chat function and develop according to the needs of the participants. However, the company assumes no responsibility for the availability and the absence of defects during the chat. To use the chat and comprehensive services, the participant must use the latest technology (browser), or permit its use on their computer (e.g. activation of java script, cookies and pop-ups). When using older technologies or not commonly used, it is possible that participants may make limited use of services.
(2) The company expressly reserves the right to modify the services offered at any time, in part or in full. The company shall have the right but not the obligation, to reconcile and verify the content posted in chat, including text, photographs, graphics, etc. According to laws and our Terms and Conditions we can react if necessary, to take action for violation with posted content if it's against our policy. The participant has no legal right to publish their data and content.
§ 5 Chat use
(1) The company proposes communication via chat and other services. The company allows users to access to their chat database system. The other services have also been offered. Transmitting matchmaking is not the express purpose of the chat. Two free services and one paid services are being offered. The 'money' in the chat is the 'coins'. The coins should be a virtual good, in particular, cannot be sold for money or other monetary benefits. For using a certain services a payment of a certain number of coins is made. Before using a paid service, the subscriber must keep in mind that this is a service that costs, and the cost is in the form of certain currency. The service can be used to pay the costs reported by the participant account of the subscriber.
(2) The users have the opportunity to recharge their accounts with coins. These are available in different quantity and packages. The company offers various payment methods. The participant determines the method of payment and the number of coins to buy, which will be credited to the member account. After the payment of the purchased amount of coins, they will be added to the account of the participant and can be used.
(3) In case that payment has failed because of user error or some cause other than the company (e.g. ingestion incorrect data from the user or company through which the payment is made) credit on your account will not be added. Company reserves the right to refuse payment if the subsequent initial payment failed, either due to user error or some other reason (such as a debt to the bank user, etc.)
(4) Only user can have access to the credit balance on his account. This account balance can be seen in the chats on your account. The company secures the data with the appropriate measures that correspond to the current state of the technology usual against the loss, especially through backup systems. It is expressly understood, however, that it is not possible in the current state of the art of hardware and software technology to guard it against any misuse of the exterior and data loss. The receipt will not be given for the purchase balance coins.
(5) If there is a suspicion or evidence that your account is being misused by the Participant, company should be notified immediately in writing. The company will close the account within 24 hours, and block the receipt. Otherwise the company will be liable for loss of any currency credit balance subject, but up to a maximum amount of €50. Due to the additional responsibility referred to in § 7 of these Conditions.
(6) The notices to participants will be sent, either through the appropriate screens for users or via e-mail of the subscriber. The participant undertakes to track messages in the last known email address.
(7) Notifications of participants to the company should be sent by e-mail, especially when writing is required by the site given, expressly mentioning email addresses or by post to the address Aphili8 UG, writing the name and address as well as the company name, e-mail, pseudonym and facts.
(8) Participants can create links to other sites or resources. The company has no control over these actions, and it is not responsible for the availability of such external sites or resources, and if company has no positive knowledge of the illegality of the contents of which it is composed, the company will not immediately delete the link. When the company receives an indication that the chat contains is a link to an external site which distributes the content of third parties, that are contrary to these Terms and Conditions, the company will be entitled to remove the link. The use or installation of copyrighted materials by participants is allowed if this is done in accordance with applicable law and the applicable conditions of the copyright owner or if the participant has permitted it separately through it. Participants cannot reproduce, transmit, distribute, publish, exploit, transfer, electronically or otherwise in another format or use this material. In particular, it is illegal to use trademarks or commercial marks, if this is done in original or modified form, or by linking to another domain on the internet, unless its use is authorized.
In case of third parties resulting from an act / omission by the participant at the time of claim against the company, it is assumed that participants are provided with the company in the first instance of complaints.
§ 6 End of the contract
(1) The contract is concluded for an indefinite period. The company is entitled to terminate the user agreement if asked by user, at any time within a notice period of one month. This is subject to adjustment pursuant to § 4 of the chat section 2) of these conditions, which also results in the termination of adjustment. The participant shall be entitled to terminate the contract without giving any reason, and log out. The right to terminate without notice (especially in § 2 paragraph 2 ) And § 3, paragraph 9) of these Terms and Conditions) shall not be affected . The complaint shall be made by email or in writing. In the need to prevent misuse by third parties, the termination of the participant includes details of the unequivocal identification of the participants. After eliminating the termination stored for the subscriber’s record, if there is no data storage of the authorities, as required by law or for the purpose of testing in accordance with paragraph 3 of 4) of these conditions. After removal, it is impossible to reset the account.
(2) If participants have paid at the end of the contract, for unused entitlement (coin -account), the appropriate amount in euro / cent will be returned within three weeks. The period begins with the end of the contract, but not before receipt of the written notification credited to the account of the beneficiary. The repayment of the tax credit is excluded, especially for breach of the Terms and Conditions of participants (e.g. § 2 and § 3 of 3) ended without notice and / or your account will be disabled / removed. The refund request is excluded if the company has to adjust the chat for operational reasons or otherwise. This only applies if the company did not set a time to participants no later than two months before the deadline so participants thus have enough time to consume any existing credit coins. Reference is made to § 4 paragraph 1 of these rules.
§ 7 Responsibility
(1) The company shall not be liable for damages caused by transmission failures, power failures and other disruptions of the conversation, when the company or those serving in the preservation and maintenance based on the development of chats in particular are not responsible for the measures. The same applies if the company has the right, under these conditions, to adjust the chat. The company takes in accordance with the specification provided no responsibility for availability (continuous) system, as well as system failures, interruptions and outages of equipment and services of the company. The company is not responsible for failures in the quality and accessibility due to force majeure or events for which the company is not responsible, in particular, the lack of communication networks and gateways.
(2) The company will not be responsible for unauthorized access of third parties to the personal data of the participants, as for unauthorized access by third party members (hackers) to data base. The company also will not be responsible for damage and for careless use of the subscriber to participants or other user data or third parties. Abuse prevention is the responsibility of the participant.
(3) When faced with the data loss, the company is held responsible only when the cost of restoration has occurred with adequate and regular backups by the subscriber. In particular, the company is not responsible for any data loss account or the participant, provided the participant has not been regularly supported the account balances of participants by printing the object or otherwise. In § 5, paragraph 4). These are the terms of reference.
(4) The company offers a data base in which participants can examine similarities to other users so they can get in touch with them. The company only provides a ready IT services, in particular, the company is not responsible for adjusting it for the purposes of the subscriber, during the term of the contract if asked by a subscriber. Company hasn’t established any control over certainty and security of information exchanged between users or user profiles. Declarations and information about persons which are on the internet can be wrong or false. For that, the company does not accept any responsibility for content, or exactness and integrity of information. For example, responsibility of exactness of the profiles created by subscribers and its compatibility evaluation with other uses are excluded.
(5) Other individual legal criteria regulated or renounced remain untouched in these conditions. The company is not liable for acts of subscribers which are illegal or forbidden by this terms and conditions.
(6) Also, the company is only responsible for big negligence. The rights of users, guarantees, reached agreements are not covered exclusively. Commercials that present damage to life, body, and health will not be presented.
(7) User shall indemnify the company in accordance with the laws of a liability and against all responsibility, expenses and claims, derived from fact that compared with the result of acts or omissions of the participant in chat or in the context of these third-party claims.
§ 8 Compensation
The participant may only be deducted from the company or complaint, unless they have been legally established, undisputed or approved in writing by the company for their own claims.
§ 9 Final provisions
(1) The providers of the chat services is Aphili8 UG
(2) It applies to the laws of Germany that these Terms and Conditions are in the legal relations between the user and the company.Mandatory standards applied in the State in which the participants have his habitual residence by contract are affected.
(3) The exclusive place of jurisdiction for all disputes arising under the contract is the Affalterbach, on condition that the participant is a merchant, legal entity under public law or a special fund under public law, or if the subscriber does not have jurisdiction in Germany.
(4) Should any part of these terms of individual agreements have effectiveness on conditions in other parts of their influence the parties agree that such invalid provision shall be replaced by the economic objective of the manner permitted by valid agreement. The same applies if a gap should be disclosed.
§ 10 Revocation
In case of an effective revocation, mutually received benefits shall be returned and benefits (e.g. interests) will be rendered. You can give us the performance received and benefits (e.g. benefits of use) in its whole or in part, or only return them in deteriorated condition, you will be obliged to pay compensation if necessary. This could mean you have to undo it, fulfill contract obligations of payment during the embargo period. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, with their reception.
End of cancellation policy