General conditions

YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER ON THIS SITE.

The following Terms and Conditions specify the conditions which shall apply for the use of the friendkontakt.com, using domain including www.friendkontakt.com (hereafter „friendkontakt.com“). All the users and clients of friendkontakt.com (hereafter collectively „Users“) shall be bound exclusively by these General Terms and Conditions, even if use or access is made from outside the Republic of Kosovo.

With registration, the User acknowledges to have read and understood and to accept said General Terms and Conditions. The User shall accept the General Terms and Conditions by making the declaration "I have read and hereby accept the General Terms and Conditions" by clicking on the "Yes" button.

I. Subject of the conditions

1. friendkontakt.com offers on its website a service for persons to learn about themselves and their ideal partner in life in scientifically based tests, finding assistance in searching for a permanent relationship in life.
2. The terms and conditions below shall regulate the use of friendkontakt.com by the Users of friendkontakt.com.
3. friendkontakt.com offers its services exclusively for private, non-commercial purposes. With registration, each User undertakes to use the services for private purposes only.

II. Service description

1. friendkontakt.com enables users to access the central friendkontakt.com database, which may be called up via various paths and interfaces: these incorporate the various domains belonging to friendkontakt.com, including the domain friendkontakt.com (which shall hereinafter be used to represent all connected domains) or via the web pages of cooperation partners in which the service and central database of friendkontakt.com are integrated, or through one of the graphic user interfaces in cooperative partner websites modified for this purpose
2. friendkontakt.com allows its Users access to its application and database. This includes firstly, access to a personality test where the User fills in a questionnaire founded on psychological criteria. The replies of User to the items in the questionnaire with extensive statistical comparison data form the basis for working out an individual profile evaluation for the User in a computerized output.
3. The replies of User to the questionnaire items, the personality profile, and other personal data are entered in the friendkontakt.com database where they can be matched against the data of all the other friendkontakt.com Users. Such matching is based on an algorithm allowing statements on the compatibility (match) between two User profiles. The result of the matching of his/her profile with all the other User data in the database is handed to the User by way of a listing of those other Users showing the best matches.
4. The Users may make a contact with other Users suggested by friendkontakt.com. On principle, establishing direct contact will be enabled only by mutual consent. For this purpose, the User will send his/her anonymous brief profile to the selected User. The recipient can then decide whether to reply. Communication between Users takes place through the internal friendkontakt.com communication system.
5. Prior to accessing a chargeable service, Users are warned that costs are being incurred and informed of the extent of the service and ways of payment; after effected payment Users may use said chargeable services.
6. friendkontakt.com does not guarantee success in establishing any contact during the contractual period, nor shall they be held liable in case that no contact should be established during the contractual period.

III. Access

1. Any access for using the friendkontakt.com database system requires registration wherein User may use his/her own personal password and nickname or alias.
   With registration, every User shall accept the conditions of use set forth in the present General Terms and Conditions.
   A registration creates between friendkontakt.com and the User a contractual relationship subjected to the regulations of the present General Terms and Conditions.
2. friendkontakt.com is entitled at any time to block access for a User who unlawfully uses the friendkontakt.com system, in particular in the case of a breach of the obligations set forth in item VII.
3. friendkontakt.com offer free-of-charge and chargeable services. In the case of chargeable services, costs are incurred either for each case of use or for accessing the services for a specified period. Prior to using any chargeable services, the User will in any event receive warning that those are chargeable services and what amount of charges will be incurred. Upon payment of the corresponding charges, said services can be used. All other services are basically free of charge.
   Upon use of said chargeable services the registered User enters into a contractual relationship with friendkontakt.com in addition to and separate from registration. Such contractual relationship for chargeable services is brought about in that User accepts the obligation to pay by clicking on the payment confirmation button on the respective web page.

IV. Data protection

1. Security and protection of the Users’ data is of particular concern to friendkontakt.com. friendkontakt.com undertakes to comply with the statutory provisions as regards data protection.
2. In the scope of rendering the contractual services, personally-related data - such as age, gender, postal code, telephone number, evaluation results of the personality tests, pictures - are collected, stored, processed, and used. Personally-related data are understood to mean data comprising details of personal and factual particulars of a specific or identifiable User.
   There are furthermore stored the personal user settings entered by the User in using friendkontakt.com. This is to ensure that in another visit (new session - at each new login) the User will find his/her personal settings.
3. The User shall consent to the use by friendkontakt.com of his personally-related data for the purposes of counseling, advertising, market research, for research and analysis, so as to enhance friendkontakt.com and to adapt the services to meet requirements.
   Furthermore, User shall give his/her explicit consent to receive e-mail newsletters from friendkontakt.com. Such consent may at any time be cancelled by way of an e-mail to friendkontakt.com.
   The User further shall consent to publication of his/her data profile through websites of friendkontakt.com cooperation partners; websites containing portions of friendkontakt.com (microsites); mobile applications (e.g. UMTS or SMS); and print media (newspapers, magazines, etc.), to thus increase the number of persons potentially interested in his/her profile.
   The User finally shall consent for his/her personal data profile to be passed on to external service providers of friendkontakt.com for the purposes set forth below:
   a) to distribute e-mails and newsletters in the name and on behalf of friendkontakt.com,
   b) to transfer friendkontakt.com elements and User profiles to other media.
   c) to initiate telephone contact for counseling and for advertising friendkontakt.com services.
   The User shall consent to that his/her access to friendkontakt.com, if such access to the services of friendkontakt.com occurs through an affiliate partner site, is stored with a cookie. Such cookies do not contain any personal User data but exclusively serve to maintain the affiliate partner programme. Such cookies are deleted automatically upon registration of User . In the absence of registration, cookies are automatically deleted after 30 days as a rule.
4. friendkontakt.com will set up user profiles utilizing aliases, transmitting to other service providers whose teleservices the User has used only anonymous utilization data for the purpose of market research.
   Every User is entitled to object to the transmission to third parties of anonymous utilization data for the purposes of counseling, advertising, and market research and to the creation of anonymous utilization profiles. Said right to object shall be exercised by a simple e-mail to friendkontakt.com, stating the alias and the full name of the User .
5. friendkontakt.com will at any time upon request provide User with full and free information on the stored data files where these are related to said User.
6. friendkontakt.com explicitly warns its Users that data protection for data transmission in open networks such as the internet cannot be fully guaranteed given the state of the art. Responsibility for the security of the data which the User transmits to the internet shall thus remain with the User.
7. Upon registration, the User consents to utilization of his/her data indicated in the above terms and conditions.

V. Costs

VI. Objections to Fees Charged for Chargeable Services

1. Any objections to amounts of debited or charged fees which a User may have must be raised and substantiated versus friendkontakt.com in writing at the latest 14 days from debit of the objected fees or from receipt of the objected invoice. If the User should fail to raise any substantiated objections within said 14 days period, the debited or charged fees shall be deemed to be approved.
2. Minor impediments to the services shall not be deemed to justify objections. Minor impediments to chargeable services are present in the case that a period during which the User cannot use said chargeable services does not exceed two consecutive days. A justified objection also requires the condition that under item XI. of these General Terms and Conditions, friendkontakt.com is liable for non-availability.
3. The following shall apply in the case of justified objections: Users who have paid for time-based access to the friendkontakt.com application and database shall be granted an extension of access by that period for which the Client has raised justified objections.
4. In the case of a justified objection, User shall be entitled to grant friendkontakt.com an additional period of five working days for proper performance, and to request crediting under (3). In the case that the cause of the objection has not been eliminated upon expiry of the additional period, User shall be entitled to cancel the contract. Refunds of unused credits shall then occur according to item VIII (5).

VII. Obligations of Clients

1. Every User shall undertake to treat as confidential any e-mails and other communication or other data of Users obtained in conjunction with use of the friendkontakt.com database and not to divulge same to any third party save with the consent of the originator. This shall likewise apply to names, telephone and/or telefax numbers, residential and e-mail addresses and/or URLs of other Users.
2. Each User furthermore undertakes to not misuse friendkontakt.com, in particular
   a) do not use friendkontakt.com to circulate any defamatory, offensive, pornographic or otherwise unlawful materials or information
   b) to not use friendkontakt.com to threaten, harass, or violate the rights of another (including right of personality), or to promise or demand money or monetary values
   c) to not upload onto friendkontakt.com any data:
   - containing a virus (infected software).
   - containing software or other materials protected by copyright or industrial property rights, save in the case that the User is the rightful owner of said rights or has obtained any consent necessary to use said software or materials.
   d) to not use friendkontakt.com so as to cause adverse effects on the availability of the offers for other Users
   e) to not send messages to Users for any other purpose than personal communication, in particular to not advertise nor offer any goods or services
3. Any possible consequences in terms of civil or criminal law to each User notwithstanding, non-compliance with any of the above obligations of conduct shall entitle friendkontakt.com to terminate the contract without notice, and to immediately block access to the friendkontakt.com application and database under item III.
4. In the case of an indication of inadmissible or unlawful use, friendkontakt.com shall be entitled to check the contents entered by the Users, if necessary to block access to such data, and to immediately block access for the User under item III. In case of doubt, friendkontakt.com shall have the right of final decision as to admissibility of the use in question.

VIII. Cancellation and termination

1. Every User is entitled at any time to cancel without giving reasons. Upon cancellation the User data shall be deleted and the contractual relationship specified in item III.(1) terminated.
   friendkontakt.com is also entitled at any time to terminate the contractual relationship specified in item III.(1) giving two weeks' notice.
2. In the case that a User of chargeable services cancels his/her registration, the contractual relationship regulated under item III.(3) in these General Terms and Conditions shall remain unaffected. Upon cancellation the User waives the use of a credit as yet uncalled for using said chargeable services, i.e. the User shall not receive any refund of fees paid.
3. Upon expiry of the purchased access period, access to the chargeable option of making contact under item II (5) and the related contractual relationship under item III (3) shall be automatically extended by an access period as selected or indicated (e.g. 3 or 6 months), unless the User terminates in writing fourteen days before expiry of the access period or, if another termination period was communicated when buying the access period, within this other stated termination period, indicating his/her full name and his/her alias. The termination must be requested using the respective link in “Settings” in “Premium Membership”. Upon receipt of the confirmation of payment for the first purchase the user shall be informed of the day (date) until which the contract shall firstly run and by what duration the term will be extended unless due notice of termination is given.
4. friendkontakt.com is entitled to discontinue the services offered at any time in full or in part.
5. Any User who, at the time that friendkontakt.com discontinues the services, has any prepaid, not yet used up claim (credit balance) for such services, shall receive a pro rata refund of the title to services not yet used (credit balance).

IX. Operation

X. Rights

XI. Liability

1. friendkontakt.com has no control over the correctness and security of any information exchanged between Clients or entered by Users in their profiles. Therefore friendkontakt.com cannot be held responsible for any such information. Exemption from liability shall always apply in this respect.
   friendkontakt.com shall not assume any liability for the correctness and success in matching different profiles and the correctness of evaluations of the personality tests. friendkontakt.com shall not assume any responsibility for the contents of the evaluation and of the reports drawn up individually. Although it is not permitted, Users have the opportunity of entering incorrect information or using the friendkontakt.com application for other inadmissible or unlawful purposes.
   As regards any inadmissible or unlawful use of the friendkontakt.com application, friendkontakt.com shall be exempt from any liability.
   What friendkontakt.com undertakes is only endeavors to arrange contacts but not any success in doing so. Consequently, friendkontakt.com shall not be held liable if within the duration of the contract no contact is being established or the personalities of the contacted Users are actually not compatible with one another.
2. friendkontakt.com shall not be held liable for a continuous, uninterrupted availability of the system, nor for system outages, interruptions or disruptions of the technical installations, and of friendkontakt.com. friendkontakt.com shall in particular not be held liable for a poor quality of access to friendkontakt.com due to force majeure or any events beyond the control of friendkontakt.com, in particular in the case of failure of communication networks and gateways. friendkontakt.com shall not be held liable for minor service interruptions.
3. friendkontakt.com shall not be held liable for any damage arising from causes other than the aforementioned save in the case of intent or gross negligence by their bodies, employees and vicarious agents, and only at the same proportional share as its contribution to the cause of damage in relation to other causes.
4. friendkontakt.com shall be held liable for simple negligence only to the extent that an executive body, employee, or vicarious agent of friendkontakt.com has violated a substantial contractual duty. Any liability shall be limited to typical damage occurring.

XII. Indemnification

XIII. Communications

XIV. Set-off / Right of Retention

XV. Advertising

XVI. Amendments to the General Terms and Conditions

XVII. General Terms

XVIII. Right of Revocation