General Terms and Conditions for the online dating platform Taleja
(as of May 04, 2019)
§ 1 General - Scope - User
1. These General Terms and Conditions apply to the free and chargeable use of the online dating platform Taleja on the website Taleja.com.
2. The operator of the online dating platform Taleja is Siemanet S.L., which is hereinafter referred to as the operator. The persons who register on the online dating platform Taleja are hereinafter referred to as users.
3. The users of the online dating platform Taleja are divided into date provider and Date beneficiary. All users have the opportunity to create a free profile on the website of the online dating platform Taleja.
Date providers are users who offer paid dates as part of the online dating platform Taleja. Date beneficiaries are users who contact the provider of a paid date via the online dating platform Taleja.
4. With the registration as a user, a contractual relationship between Siemanet S.L. and the users is initially established, which includes the possibility of using free and paid services of the operator.
Within the scope of using the online dating platform Taleja, the operator offers users the opportunity to get in touch with each other. The operator shall not be a party to any agreements concluded directly between users of the Taleja online dating platform and shall not exert any influence on the content of agreements concluded exclusively between users.
5. All offers and services of the operator are directed exclusively at users of full age and full legal capacity who are domiciled in a member state of the European Union. Minors are excluded from any use of the online dating platform Taleja.
Avda. De las Naciones Unidas
Cristamar, 43 B - Nº D-114
29660 Puerto Banús - Marbella
Malaga - Spain
Telephone: +34 659 876 076
§ 2 Validity of the Terms and Conditions - Contract Language - Registration Storage
1. These General Terms and Conditions apply to all contractual relationships between the operator and the users of the online dating platform Taleja.
2 The General Terms and Conditions of Siemanet S.L. apply exclusively. Conflicting, deviating or supplementary general terms and conditions of a user shall not become an integral part of the contract, even if they are known, unless the operator has expressly declared that it is in agreement with conflicting, deviating or supplementary general terms and conditions of the user in their entirety or with regard to individual provisions.
3. The operator reserves the right to propose to the users in future the agreement of an amended version of the General Terms and Conditions due to changes to the online dating platform Taleja. The proposal to agree the amended version may also be made within the framework of the use of the online dating platform Taleja.
If the user does not agree to an amended version of the General Terms and Conditions, the operator expressly reserves the right to terminate the contract with the user.
The operator will point this out to the user separately within the framework of his proposal for the agreement of an amended version of the General Terms and Conditions.
4. Contract languages are German and English.
5. The registration of a user is stored by the operator and sent to the user on request together with the General Terms and Conditions valid at the time of the conclusion of the contract by e-mail or mail.
§ 3 Registration as User
1. The use of the online dating platform Taleja requires prior registration as a user and the creation of a user account. There is no right to conclude a user contract, and the operator is free to reject registration as a user at its own discretion.
Within the scope of his registration, the user assures that he is of full age and has full legal capacity. The user also indicates whether he registers as a date provider or a date beneficiary.
Registration is free of charge for users regardless of whether the user registers as a date provider or as a date beneficiary.
2. The user is obliged to enter the requested data about the user completely and accurately during the registration process. The user contract between the operator and a user is concluded when the operator activates the user account of a user after registration has been completed.
3. The user chooses a user name and a password during the registration process. It is the responsibility of the user to ensure that the user name does not infringe any rights of third parties, in particular any name or trademark rights. In individual cases, the operator is free to change the user name of a user if the user name can be perceived by third parties as offensive or immoral.
4. It is the responsibility of a user to ensure that his password remains secret and in particular that it is not disclosed by the user to third parties. Otherwise, the user shall be liable for any use of the online dating platform Taleja which is made using his user name and password in accordance with the statutory provisions.
5. Users are entitled to a statutory right of revocation of 14 days from the conclusion of the contract of use when registering as a user. If a user revokes the user contract, the user shall owe the operator compensation for the value of the service provided until the revocation if the user has expressly requested the processor to provide access to the online dating platform Taleja before the expiry of the revocation period.
§ 4 Date Requests
1. Users registered as date providers have the possibility to submit date requests via the online dating platform Taleja. Within the scope of these date requests, the date provider shall provide details of the type, place and time of an appointment as well as the amount of the payment offered by the date provider.
Users who have registered as date beneficiaries can use the online dating platform Taleja to access date requests and apply to be contacted by the date provider.
The placement of date requests and the application to be contacted by a date provider is free of charge for users.
2. As a paid service, date provider may initiate electronic communication (chat) with a user registered as a date beneficiary.
In addition, users registered as date beneficiaries have the option of initiating an electronic communication (a chat) with a user registered as date provider instead of an application for a date application, subject to a fee.
3. Within the framework of electronic communication between users after the start of a chat, the operator forwards messages between users by e-mail to an e-mail address specified during registration or by SMS to a mobile phone number specified by the user during registration.
The operator has no influence on the duration, content and result of electronic communication between users after the start of a chat. Messages exchanged between users are forwarded by the operator to the respective recipient, but are not further stored.
§ 5 Payment for Services ubject to a Fee, Reimbursement
1. Payment for services subject to a charge shall be made immediately upon initiation of electronic communication (of the chat) by means of a credit balance in the form of coins. A user can purchase the corresponding coins beforehand on the online dating platform Taleja by means of an offered payment method.
2. An overview of the prices for the purchase of coins can be found on the online dating platform Taleja.
3. If a user has no coins, it is not possible to make use of the chargeable service of initiating electronic communication (a chat).
4. If a user uses coins to initiate an electronic communication (a chat) and there is no reaction to this initiation of an electronic communication, the operator shall credit the corresponding coins to the user again if the user requests a credit for these coins and the operator determines that the absence of a reaction is not due to a misconduct in communication of the user.
§ 6 Establishment of Contact, Scope of Services
1. The services of the online dating platform Taleja include providing users with a platform for creating a profile, setting date requests, applying for date requests and carrying out communication between users.
2. The operator has no influence on which contents and services are agreed between users. Likewise, the operator cannot influence the extent to which services agreed between users are provided or not provided. In particular, the operator has no influence on the extent to which a meeting between a date provider and a date beneficiary actually takes place.
3. If payments are agreed between the users or are made, this is done exclusively in the area of responsibility of the users.
4. The operator allows users to create a profile and to make information of a user accessible to other users. The operator does not check the extent to which the contents and details of a user correspond to the facts.
§ 7 Responsibility for Content
1. The operator shall ensure that no rights of third parties, including copyrights or other property rights, are infringed with regard to the content and services provided by it.
2. The corresponding user alone is responsible for content, in particular texts and images, which a user enters on the online dating platform Taleja within the framework of a profile or within the framework of electronic communication.
3. The operator is entitled to immediately remove content posted by users if the provider has doubts as to whether a user is entitled to use the corresponding content.
§ 8 Use of the Online Dating Platform Taleja
1. The online dating platform Taleja is intended to be used for communication with other users and for arranging (paid) dates between users.
2. A commercial use of the online dating platform Taleja beyond this is prohibited.
A commercial use contrary to the terms of the contract includes in particular:
- Advertising or offers for paid contents, services and/or goods of a user or a third party,
- any other commercial use of the Taleja online dating platform for the purpose of advertising or conducting activities such as contests, sweepstakes or barter,
- any electronic or other collection of personal information (including email addresses) from users.
3. Furthermore, users are prohibited from all activities within the framework of the use of the online dating platform Taleja which violate applicable law, infringe the rights of third parties or violate the regulations for the protection of minors.
Users are also prohibited from taking any action which may result in the smooth operation of the online dating platform Taleja and undisturbed use by legally acting users being impaired.
Such prohibited acts include in particular:
- uploading and disseminating pornographic, racist, violence-glorifying, degrading or against the law for the protection of minors offending contents,
- uploading and distributing content that infringes the rights of third parties, in particular copyrights, industrial property rights and personal rights,
- processing of data and information of other users contrary to data protection regulations,
- a transfer of the user account to another person, whether or not against payment,
- any impairment of the online dating platform Taleja by viruses and other malware or any other manipulation or malfunction of the technical function of the online dating platform Taleja.
4. The operator reserves the right to prevent the uploading of content or to delete or remove content for which the provider considers it possible that the aforementioned principles of permissible use of the online dating platform Taleja or applicable law is violated.
5. In addition, the operator expressly reserves the right to inform the competent public prosecutor's office or a public authority of the facts of the case in the event of serious suspicion of the existence of criminal offences, including a criminal infringement of protected rights of third parties.
6. Should users or other persons discover a use of the online dating platform Taleja that violates the law or the contract, the operator will be pleased to accept references to the e-mail address given in the imprint.
§ 9 Proof of Age of Majority
1. The operator of the online dating platform Taleja expressly reserves the right to require a user to prove that he/she is of age. The operator is entitled to temporarily block the user account until proof of the user's legal age has been received. If there is no meaningful proof of age, the corresponding user account will be deleted.
2. All users of the online dating platform Taleja are requested to immediately notify the operator of the online dating platform Taleja of any concerns that a user is a minor, stating the profile concerned.
§ 10 Blocking of Access
2. In the event of a temporary suspension, the operator shall inform the user concerned by e-mail. The operator restores the user's access after a blocking period has expired and informs the affected user by e-mail.
3. The operator's right to terminate the contract of use remains unaffected by the temporary blocking.
§ 11 Term, Termination, Repayment of a Credit Balance
1. The contract for the use of the online dating platform Taleja is concluded between the operator and a user for an indefinite period of time.
2. Each contracting party shall be entitled to terminate the contract of use at any time with immediate effect. Cancellation can be made by e-mail.
3. If the operator terminates the user contract, the affected user cannot re-register for the use of the online dating platform Taleja.
4. If a user still has credit balance (coins) at the time of termination of use, this credit balance shall be paid out to the user within 14 days. This does not apply if the user is responsible for the immediate termination of the user contract by the operator due to culpable illegal or contract-violating behaviour.
§ 12 Data protection, Security measures, Liability
1. The operator shall endeavour to keep the online dating platform Taleja continuously operational. However, there is no right for the user to be able to make use of a continuous availability of the online dating platform Taleja.
2. The operator protects personal data of the users against unauthorized access by suitable technical security measures according to the current state of the art.
3. The liability of the operator is governed by the statutory provisions.
§ 13 Responsibility of Users, Indemnification
1. The sole responsibility for his/her account and the content posted by him/her is borne by the respective user. The user agrees to use the online dating platform Taleja in accordance with these General Terms and Conditions. The user guarantees in particular that he/she will use the online dating platform Taleja in compliance with § 8 of this user agreement.
The user warrants that the content (information, images, photographs, videos and other content) posted, transmitted or published in any other way on the online dating platform Taleja does not violate the rights of third parties or applicable law and that the user is entitled to post and transmit the corresponding content.
2. Users are aware that it is not possible for the operator to completely monitor and control the content posted by users. The liability for the availability, accuracy, completeness, timeliness and legality of the content posted by users remains solely with the respective user.
3. The user exempts the operator from all claims of third parties, which are asserted against the operator due to a violation of a user against these General Terms and Conditions.
This applies in particular to claims asserted by third parties on account of content posted or transmitted by a user or on account of specific use of the Taleja online dating platform.
If third parties should assert such claims against the operator, the user shall make available to the operator all information available to him which is necessary for a review of the claim and an appropriate legal defence. The user must provide this information to the operator immediately, truthfully and completely at his own expense.
This exemption from claims does not apply if the operator fails to delete or block content immediately after becoming aware that this content could violate the rights of third parties.
§ 14 Final Provisions
1. German law shall apply to the legal relationships between the operator and the user to the exclusion of the UN Sales Convention. If the provisions of a state in which a user who is a consumer has his habitual residence provide protection for consumers which does not exist under German law, these provisions shall apply to the legal relations between this user and the operator.
2. The operator is not obliged to participate in a dispute settlement procedure before a consumer arbitration body and does not offer to participate in such a procedure.
3. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.