Terms and Conditions
§ 1 Applicability
(1) Dreamcatcher GmbH, hereafter named the 'Company', is the provider of the
internet portal http://www.snogify.com, a communication platform with a variety of services e.g. chat room. The following terms and conditions apply to each individual using this website, hereafter named the 'Client' or the 'User', and its domains. Unregistered users e.g. technical maintenance staff, linked websites etc., or at times other registered users, will hereby be termed 'Third Parties'. The Terms and Conditions apply to all Users accessing the platform both in, and outside, the Republic of Germany.
With their registration and each subsequent login Users are deemed to have read, understood and accepted the Terms and Conditions which are an integral part of each individual agreement.
(2) In the Terms and Conditions a User/Client is classified as such when he/she takes part in a chat session or utilises any of the services on offer on the website.
The Company herewith notifies the User that moderators have been hired to participate in the chat room and, thereby, supervise and control its use. These moderators may take on various identities and carry out conversations with any of the Users online at a given time. They may not be identifiable as moderators and may be using a bogus profile/account. A Client may communicate with a moderator without the latter revealing his/her identity.
The presence of the moderators will not only give Users an opportunity for discussion should there be a temporary lack of participants at that particular time, but also ensure that participants adhere to the conditions of the website. In this context we would like to point out that some individual profiles might not fully correspond to the profile of the person communicating online with the User as these are moderator profiles and not profiles of external participants. These moderator profiles may be male or female. However, the company has no authority to use the profiles of registered users for this purpose (Refer to § 3 point 6).
(3) The Company reserves the right to amend these Terms and Conditions should the website be updated at any future time. The User has the possibility to view the current, up-to-date version of the Terms and Conditions on the website. The User will not be individually notified of any changes made. Clients are, therefore, personally responsible for informing themselves of any amendments in the Terms and Conditions. Further usage of the services on our website (log in), including the chat room, after any amendments have been made to the Terms and Conditions, will imply that you have read and accepted these amendments.
§ 2 Registration
(1) A Client may only use the Company's services after registration. It is to be expected that the prospective User will complete the registration accurately and truthfully. Should the information in the registration become obsolete, then the Client is duty bound to update his/her profile and inform the company of these changes.
After registration the User will receive a confirmation of his chosen password and pseudonym, providing no objections have been raised (e.g. inadmissible data). The use of a pseudonym with indecent or offensive content will not be accepted.
Clients are requested to keep their personal data confidential to prevent unauthorised usage by a Third Party. The use of the chat room and other related services are for the Clients' personal use only, the rights of which may not be conferred to Third Parties.
(2) Registration is free of charge, however, each Client may only be in possession of one pseudonym and one account with which he/she is entitled to use all communication and chat services on a regular basis.
Moderators working for the company are exempt from this regulation as they may be active under a number of profiles and with various pseudonyms (Refer to § 1 point 2).
Participation in the chat room after registration is not obligatory, but the Company has the right to delete an account, together with the pseudonym and personal details, should it remain inactive over a period of more than 180 days, and if no credit on the account is non-existent.
The Client will be informed of this deletion via email (registered email account) at least one week prior to the planned deletion. If the Client does not log in before the proposed deadline and does not contest the deletion in writing, then the account will be erased from the website.
After deletion of the account the pseudonym will be released for future usage. All personal information in the profile will also be deleted in so far as no legal necessity requires the retention of this information and the data is not required as legal evidence. The deletion of the User account terminates the contractual agreement.
(3) Should a dubious situation concerning the information given in a registration occur, then the Company is empowered to demand proof of the details entered in the registration from the Client. This proof may be in the form of identity papers or official documents.
The Company is permitted to block access to the chat room and other website services until this proof has been submitted and acknowledged.
§ 3 Responsibility to minors
(1) Only Clients over the age of 18 years are permitted to use the chat room and website services. On registration, and with the acceptance of the Terms and Conditions of the Company, the Client guarantees that he/she has fulfilled the requirements concerning his/her person.
The Company would like to emphasise the fact that some content in the chat room may not be suitable for minors. There are a number of links offering filter software in the internet and parents are advised to install such a filter to protect minors from offensive and harmful content.
§ 4 User obligations, breach of agreement
(1) Commercial use of this website (Refer to § 2 point 1) in particular for business or advertising purposes is forbidden. It is also prohibited to send junk mails, spam or circular emails.
Should the Client violate these terms, then he/she is obliged to pay the Company the sum of €15,000 (in words: fifteen thousand euros) for breach of contract in each particular instance.
Compensation for damages caused in excess of the above is not excluded. A reversal of this burden of proof is not adjunctive.
(2) The utilisation of data or software which could illegally affect the software or hardware of a User, or the company, is prohibited, as is any practice which could interfere with the transfer of data or which could lead to bodily harm, property damage or financial loss.
Access to the chat room may only proceed via a web browser or with the use of software which has been approved by the Company.
(3) The Client is not permitted to decompile chat room software or parts thereof, nor is he/she permitted to amend, translate, dissemble or subject the system to reverse engineering. It is also forbidden to make a modification or attempt piracy, whether on a personal level or through a third party, particularly if this leads to the development of derivative programs.
The components of the website (Refer to § 1 point 1) and the chat room (in particular texts, software, HTML-/Java-/Flash, source codes, photos, videos, graphics, music, sounds etc.) are protected by copyright. Downloading and utilisation is exclusively for private purpose and only permitted in accordance with the applicable legal regulations and these Terms and Conditions.
In addition, the duplication, replication, transfer, commercial usage and publication of materials is strictly prohibited, as is the sale of materials in an alternative data format e.g. in electronic or paper form. The use of computer programs for the automatic reading aloud of data is also forbidden.
The Client may not carry out measures to automatically suppress any advertising appearing on the website.
§ 4 Unacceptable behaviour
(1) When using the chat room it is not permitted to behave in an immoral, illegal or unacceptable way, or to encourage a Third Party to do so. In the same way the sending of messages or data containing illegal, or immoral, content which may violate moral conventions is also forbidden.
No criminal, improper, illegal, or immoral content e.g. pornographic, racist, violent, defamatory or insulting texts or photos may be uploaded, nor content which might be harmful to minors. Personal rights may not be abused, nor may offensive content be circulated, or made available, to Third Parties.
The Client may not offer sexual services in any shape or form, or give information as to possible sexual activities.
Threats and insulting behaviour towards other Users is strictly forbidden. The exchange of money, or requests for money, via our website is not permitted whether this be in hard currency or monetary contributions of any kind. The circulation of chain letters is not permitted; goods or services, may not be promoted via the website. The distribution of inadmissible material may result in criminal or civil proceedings.
(2) The Company is authorised, and in certain circumstances legally obligated, to immediately block or delete unacceptable material and, if necessary, to secure evidence and inform the appropriate authorities. This may occur whenever the Company suspects there is due cause for civil offence. In such circumstances any claims on the part of the Client against the deletion of his material/content, or for the disabling of his account, will be precluded.
§ 5 Copyright
(1) The download or use of copyright material via the website (including within the chat room) including all texts, software, HTML/Java/Flash source codes, photographs, videos, graphics, music and sounds, are protected by copyright both as individual elements, as well as within a corpus. This material may not be duplicated, transferred, published or commercially exploited, either in electronic format via links or by any other means, without the express permission of the author/initiator.
(2) Each Client is personally responsible for any material or content e.g. links, photographs, data, text etc. posted online, including communications within the chat room.
(3) The Company is not legally obligated to regularly preview postings online for their legality or to control the chat room at regular intervals for inappropriate communications as stated in these Terms and Conditions. Therefore, the Client cannot hold the Company responsible for any violation of his/her rights through a Third Party concerning the posting of offensive materials.
(4) The Client is responsible for damages of all kinds should the Company incur charges from Third Parties due to violation of their rights; intrusion and violation of rights resulting from communications invoked by the Client.
(5) Instructions given by the Company or its employees (in particular the moderators) concerning behaviour within the chat room should be promptly followed.
(6) The Client is obligated to maintain the confidentiality of email addresses, messages and other data from fellow Clients which he/she may receive when using the chat room or other services. This data should also not be passed on to Third Parties without the express permission of the legitimate owner of the data. The transfer and use of data from other Clients or non-registered persons, is also forbidden.
(7) Should the Client contravene the Terms and Conditions, in particular concerning incorrect information when registering for the website, or if he/she fails to comply with the requirements according to § 4 of these Terms and Conditions, then the Company is entitled to exercise its 'virtual property rights'. This implies that the Company is, in such instances, justified in temporarily blocking the offending account and/or profile. It may also delete the profile, or parts thereof, or the registration agreement without consulting the Client and without previous notice. The Client will then be barred from the chat room on a permanent basis and requested to immediately and completely delete all material (texts, photos, links etc.) in his/her account.
(8) The Client may upload links to other websites or sources. However, the Company has no control over these and takes no legal responsibility for the availability of content on these websites or from these sources or for their content. The Company, therefore, accepts no liability for these.
(9) Should the Company be informed that a link has been uploaded into the chat room, the content of which website contravenes the Terms and Conditions of the Company, then the Company has a legitimate right to remove this link. The linking of copyright materials is only allowed if this is legally permissible in accordance with the law covering copyright and with the authorisation of the initiator/author. Clients are not permitted to duplicate, reproduce, transfer, publish or exploit such materials whether this be electronically, on paper or in any other format, or for their own use.
(10) The use of brand names or trademarks either in their original form or in amended form and the linking of these with other domains within the internet is not permitted, unless express permission has been granted.
(11) Should a third party prosecute the Company due to the behaviour of a Client and his/her misuse of copyright, then the Client will indemnify the Company from all claims and relevant costs.
(12) It rests with the Company to decide whether such measures are required as regards equitable discretion and each individual case will be evaluated according to the gravity of the case in question.
§ 6 Company responsibilities
(1) The Company places its website, services and chat room at the disposal of Clients for the express purpose of private communication. The Client does not retain the right to use the services on offer on a permanent basis. The Company is also not obliged to offer its services at all possible times. The chat room in particular may at times be temporarily unavailable due to maintenance work. Should this occur, the Client has no entitlement to raise a claim against the Company.
The Company will, however, endeavour to maintain the working order of the chat room as well as all the other online services and to further develop the platform to meet the requirements of the Clients.
In order to make full use of the services on offer, including the chat room, it is necessary that the Client has installed the latest version of the browser on his/her computer and has activated the Java script, cookies, pop-ups etc. It is possible when using older browser versions, or less well-known browsers, that the services we offer may be limited.
(2) The Company reserves the right to amend, limit, or discontinue its services at any given time. It is authorised, but not obligated, to intervene and control any content e.g. texts, photos, graphics etc. to ensure that they are in accordance with the respective law and with these Terms and Conditions. If deemed necessary, the Company may take measures to delete such content without consulting the initiator of the said materials. The client has, hereby, no legal claim concerning the disclosure of his/her content.
§ 7 Privacy
(1) The Company respects the privacy of Users and is strictly committed to following privacy procedures as regards personal data. Personal data accrued by the Company either through registration, or during usage of the Company's services, will only be employed in accordance with legal provisions. The Company utilises the personal data of the respective User only for the purpose of supplying its services. However, the Company may employ this data for consulting purposes, advertising and market research (Refer to § 7 point (2)). The Company guarantees that it will not forward this personal user data to Third Parties without the express consent of the User. This condition is not applicable should the Company be obligated to release information in accordance with legal procedures. In addition it does not apply if there is cause for the legal protection of another Client, for monitoring adherence to the Terms and Conditions, or if the content could endanger the reputation of the Company or incur technical difficulties.
(2) Content, personal data and IP addresses may be saved for limited periods of time for monitoring and correction purposes and for the protection and security of other Clients. Anonymous statistics concerning Clients may be used or evaluated for advertising purposes, or passed to Third Parties for inclusion in demographic surveys etc.
§ 8 Use of the chat room
(1) The Company offers a variety of services including a chat room. Clients have access to the data bank system of the chat room in order to make new acquaintances. Other services are also on offer, both free of charge and against payment. The chat room does not offer a matchmaking service.
(2) The website currency is 'flirt coins'. These should not be misused and cannot be exchanged for hard cash or other monetary services. Specific services are available for a certain number of flirt coins.
(3) Before utilising such services, the Client will be informed as to the cost of the particular service and the number of flirt coins required in payment. On confirmation, the requisite number of coins will be deducted from the Client's account and the service will be made available to him/her.
§ 9 Payment
(1) The Client has the possibility to buy flirt coins. These are on offer in a number of different categories and packages. The Client may also choose between a variety of payment services. The Client, also determines his/her method of payment and the number of flirt coins he/she wishes to purchase. On purchase these coins will be credited to his/her account and may be used immediately.
(2) Should the payment fail for any reason (e.g. counterfeit account, incorrect details, lack of credit etc.), then the amount will not be credited to the Client's account. Any coins which are already credited to the Client's account will be immediately removed without further notice. Should such a transaction fail, then the Company has the right to turn down any similar future payments. Any costs incurred due to these transactions are to be paid by the Client.
(3) The responsibly for the amount of flirt coins credited to an account is in the hands of the Client. He/she is able to check the balance of his/her account via the website. The Company secures the account details against loss in accordance with the technology currently available via a back-up system. However, the Company would like to underline the fact that it is not technically possible to protect all data against external misuse or loss. No invoice, or receipt, will be issued for flirt coins purchased.
(4) Should a Client ascertain, or suspect, that his/her account is being misused, then he/she should inform the Company in writing immediately. The Company will then block the account within 24 hours of the receipt of this information. Should this not transpire then the Company will reimburse the Client to the sum of €50 euros. For further details concerning liability please refer to § 11.
(5) Messages to Clients will either appear on screen after logging in, or per email at the email address given by the Client at the time of registration, or the last given email address in the case of a change of address. The Client is obliged to regularly check messages sent to the email address registered with the Company.
(6) Messages from the Client to the Company must be sent directly to the Company per email (as shown at the end of the Terms and Conditions). Alternatively he/she may contact the Company per post at the following address:
Dreamcatcher GmbH, Süderstr. 80, 24955 Harrislee, Germany.
The written correspondence should contain the name, address and pseudonym as well as the email address registered with the Company.
§ 10 Termination
(1) The agreement is applicable for an indefinite period of time. The Company is, however, empowered to terminate an agreement at a month's notice. This might be due to misuse of the chat room or non-adherence to these Terms and Conditions. The Client may at any given time terminate his agreement without informing the Company of his motives for doing so. Authorisation for immediate termination of the agreement remains at the discretion of the Company, should significant reason for a termination occur. The Company reserves the right to refuse access to the chat room in accordance with §4 of the Terms and Conditions.
(2) The termination of the agreement must be made in written form e.g. per email. In order to eliminate the possibility of violation by a third party, the revocation of the agreement by the Client must clearly show the identity of the Client to prove that there is no misuse by a Third Party.
(3) After the termination of the agreement the personal Client data will be deleted, unless a retention of the content has been demanded by the official authorities, or if the data is required as evidence for legal purposes. It is not possible to reactivate the account after deletion.
(4) If the Client should still be in possession of unused flirt coins after the termination of his/her agreement, then the cash amount in euros/cents will be refunded within three weeks.
(5) The termination of an agreement begins with the communication of notice via the Client's account. Reimbursement of coins in the account will not follow if the Company terminates the Client's account due to misuse of the website and, in particular, violations against the Terms and Conditions or if the account has been blocked, deleted or terminated without a period of notice.
(6) Claims for reimbursement are also excluded if the Company needs to shut down the chat room due to economic or other reasons. Should this be planned then the Company will attempt to inform the Client of his intentions at least two months before this closure if this is possible. This will give the Client sufficient time to use up any coins which he still has in his/her account.
§ 11 Liability
(1) The Company is not liable for damages due to transmission interference, electrical disturbances or other interruptions within the chat room or with its online services, if the Company itself is not responsible for these or if the interference is due to the preservation and further development of the chat room or the website services, or if maintenance is necessary.
(2) The Company cannot be held liable for closing the chat room if it is deemed necessary due to non-adherence to the Terms and Conditions. For this reason the Company cannot be held responsible for the constant availability of its services; the closure of the website is also justifiable should technical issues arise.
(3) The Company cannot be held responsible for disturbances, such as quality deficiency or lack of access, beyond its control i.e. force majeure or for instances over which the Company has no power e.g. network system collapse/congestion etc.
(4) The company assumes no responsibility for any personal data obtained by unauthorised Third Parties e.g. through hacker intrusion into the databank.
(5) The company cannot be held responsible for damages caused by a Client's careless handling of his/her personal data or his/her treatment of data from a Third Party. It is the responsibility of the Client to guard against misuse.
(6) Should loss of data occur, then the Company will only invest time and effort in recovering this data if the Client has regularly and correctly secured his data.
(7) The Company cannot be held liable for damages due to loss of data if the Client has failed to check his account regularly and also failed to keep records of the credit on his account.
(8) The Company provides a platform and databank from which the Clients may, providing an agreement exists between communicating parties, correspond and exchange views with others. However, the Company only provides the IT service for the use of its Clients and does guarantee success stories. It is also not responsible for any mutual contacts which might be formed during the agreement period. The Company has no control over the accuracy, truthfulness and security of information exchanged between Clients or information supplied in the profiles.
(9) Claims and information given by persons in the internet could be incorrect. The Company can, therefore, not accept responsibility for the accuracy of this information. Liability cannot be accepted by the Company for any falsehoods, which may cause misunderstandings concerning compatibility, within the profiles.
(10) The Company cannot endorse, or be made liable, for any illegal actions or omissions on the part of Clients, and cannot be held liable for activities which do not comply with the Terms and Conditions.
(11) The Company is only liable for deliberate gross negligence caused by the Company itself or its employees.
(12) Exemptions concerning the rights of the Clients, possible guarantees and non-standard conditions are not covered in the agreement.
(13) Claims for physical or health injuries are not the responsibility of the Company unless it has violated its obligations. A violation of obligation on the part of the Company would, therefore, need be proved under vicarious liability. Further liability is therefore excluded.
(14) The Client exempts the Company in all legal instances from any liability claims, and any other obligations and claims, resulting from the Client's negligence and his/her misuse of the chat room. The Company is also exempted from claims from third parties who may claim liability due to the misconduct of the Client.
§ 12 Compensation /Statutory lien
(1) The Client may only assert a claim against the Company, or demand statutory lien, if the claim is legally binding, incontestable, or has been expressly recognised and accepted in writing by the Company.
§ 13 Final clause
(1) The provider of the website services is: Dreamcatcher GmbH, Süderstr. 80, 24955 Harrislee with its headquarters in Germany. The authorised Managing Director is Mr Mazin Mustafa.
(2) The Terms and Conditions and the contractual agreement between the Company and the Client are in accordance with the law of the Republic of Germany.
(3) The court of jurisdiction for all claims relating to the agreement is Flensburg. German courts have exclusive jurisdiction to decide the outcome of any dispute arising in connection with the agreement, as well as the power to enter into litigation negotiations regarding any non-contractual obligations or misuse of the website services.
The Client irrevocably waives any objection which he/she may have to proceedings being brought in the german courts.
(4) The possible validity, or non-validity, of individual stipulations within these Terms and Conditions has no effect on the Terms and Conditions in their entirety. The Company and the Client are agreed that an ineffective stipulation should be replaced by one which is more effective, although akin to the previous stipulation, in its economic purpose. This also applies to loopholes should they become apparent.
§ 14 Power of revocation
You have the right to revoke the agreement within 14 days without any explicit explanation. The revocation period is 14 days from the date of the completion of the registration agreement.
In order to make use of this revocation period it is necessary to send your revocation request in written form via email to Mazomedia SIA, email address: firstname.lastname@example.org. or per post to the Dreamcatcher GmbH postal address. It is important that your withdrawal from the agreement follows within the legal revocation period.
§ 15 Consequence of revocation
If the Client should revoke the agreement, then the Company will attempt to repay any credit owing within 14 days of the receipt of the written revocation. Repayment will be made via the same payment system used in the original transactions, unless the Company have been informed that another payment system should be used. No extra charge will be made for this.
Should the Client request that the website services should continue to be made available to him/her during the revocation period, then he/she should pay the Company an adequate sum of money to cover the services during this period until the final closure of his/her account.
Any communication to the Company should be sent to the following postal address or the service email address.
Email address: email@example.com