Terms of Use

Welcome to #Dating (“#Dating”). The #Dating website is provided to you by Yalwa GmbH (“Yalwa”), located at Bahnstraße 2, 65205 Wiesbaden, Germany. By accessing #Dating, you agree to the provisions outlined in this legally binding Terms of Use (“TOU”) agreement. This policy is effective as of May 01, 2020.

Using #Dating

1. SCOPE OF AGREEMENT

The usage of #Dating is bound by the TOU set by Yalwa. Failure to comply with any of the stipulated terms in this agreement may result in the suspension or termination of your account, and in some instances legal actions if required.

2. OBJECT OF AGREEMENT, RIGHTS OF THIRD PARTIES

2.1 #Dating is an online platform where users can set up a dating profile, browse and view other profiles, as well as interact with other people. Users are solely held responsible for the content they submit on #Dating, as well as any consequences that arise from doing so.

2.2 Yalwa is not involved in any transaction, contract and/or arrangement that might occur between and among users and third parties. The conclusion of such transactions, contracts and/or arrangements remain the business of the users and the third party.

3. USER INFORMATION AND REGISTRATION

3.1 The usage of Yalwa’s services is essentially available for everyone. A user registers on #Dating by filling out the provided online registration form, and by doing so swears that the information provided is accurate and true. The registration progress is complete when the account becomes active. The user is obligated to promptly inform Yalwa of any changes to their account information.

3.2 The user may resign from this agreement at any time. Sending an email to the Customer Support Team through the contact form should suffice. Yalwa reserves the right to a grace period of 14 days before terminating the agreement. Blocking an account remains the right of Yalwa, as stated in clause 4.4.

3.3 Yalwa reserves the right to remove a user’s profile and/or its content under certain circumstances. This applies when the content submitted goes against this agreement, violates laws and local authority regulations, contravenes good intentions, morals and customs or when Yalwa is used for unsuitable purposes.

3.4 Yalwa reserves the right to delete the accounts of non-registered users as well as registered users whose account(s) has/have been inactive for the past 6 months.

4. ACCOUNTABILITY FOR CONTENT AND TRUTHFULLY-SWORN STATEMENTS / INFORMATION

4.1 The user is legally and solely responsible for the content submitted to #Dating. The user is obliged to provide complete, true and certified correct information about their person, contact details. The user is obliged to comply with the #Dating TOU and is expected to adhere to these terms when interacting with other #Dating users. The creation of duplicated or multiple profiles on the website is prohibited.

4.2 The user is not allowed to post content on the #Dating website that breaches this agreement, applicable rights and/or third party rights.
Prohibitions for #Dating user include:

  • Violating the law or going against our photo guidelines (refer to 5)
  • Conducting business in a dishonest and/or deceptive manner
  • Violating the rights of the third party
  • Spamming and posting chain letters
  • Using virus(es) and other technical items that may cause damage to #Dating or the interest of the users of #Dating
  • Causing excessive burden on the #Dating infrastructure and the smooth running operations of the #Dating website
  • Copying, duplicating, modifying or distributing the content of other profiles
  • Collecting information from other users such as email addresses from the site itself, or from other users without the approval of the user
  • Bypassing measures that serve to limit and/or prevent access to #Dating
  • Sexual exploitation or abuse of persons
  • Content that is abusive, libelous, defamatory, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity or sexual orientation or is otherwise objectionable in Yalwa’s reasonable discretion.

4.3 Yalwa believes that two consenting adults are free to act as they wish, so long as they abide by the law. Yalwa does not abide sexual abuse or exploitation in any form or sense whatsoever. Please be aware that Yalwa answers requests from third parties, including law enforcement, where required and Yalwa will share information with relevant third parties if, in our view, there is evidence that may be relevant to an investigation.

4.4 Yalwa has the right to block, delete or freeze profiles, messages or images that are deemed to contain prohibited content (refer to 4.2). Yalwa also has the right to warn the user and freeze their account for a certain period of time or permanently and to resign from the agreement/contract. In this process Yalwa gives due respect to the legitimate interest of the user. Users’ claims, e.g. for reimbursement for already paid items/services will not be honored when our prohibited content policies are breached.

5. PHOTO GUIDELINES

  • Please use at least one photo of yourself. #Dating is all about having real fun with real people
  • No nudity, sexually explicit content or pornographic material
  • No minors on their own. We understand that you are proud of your little ones but please be make sure you are in the photo as well and be mindful about posting photos with kids. We have a zero•tolerance policy against photos that include an unaccompanied or partially•clothed minor, or depict a minor in a suggestive or sexual way
  • No guns
  • No political slogans, statements or political symbols
  • No personal contact information in photos
  • No watermarks or text overlays including contact information
  • No content that is abusive, libelous, defamatory, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity or sexual orientation or is otherwise objectionable in Yalwa’s reasonable discretion

6. USING #DATING

By accessing #Dating, you confirm that:
  • You are over the age of consent, as defined by the country or state from where you are accessing #Dating
  • You will only use the #Dating website for legal purposes
  • You are accessing the #Dating website from a country or state where it is not illegal to enter adult websites
  • You will not permit or allow any minor, or other person for whom it is illegal, to access this part of the #Dating site
  • You have read the Terms of Use and the Privacy Policy
  • You recognise that #Dating uses cookies and you permit them to be stored on your computer

7. INDEMNIFICATION / EXEMPTIONS

You agree to indemnify and hold Yalwa, its parent or subsidiary companies and their affiliates, their respective directors, officers, employees and agents from any and all liabilities, claims and expenses, including reasonable legal fees, arising from breach of the Terms of Use, any other policy, your use or access of #Dating or any Internet site linked to or from Yalwa, or in connection with the transmission of any Content on #Dating. You agree that questions and complaints received are your exclusive responsibility and you shall indemnify Yalwa.

8. DUES/FEES

The usage of the #Dating website is essentially free of charge. However, Yalwa reserves the right to charge fees for special services and site features as well as the publication of online advertisements under specific/certain categories on the site.

9. MODIFICATION OF CONTENT

9.1 The #Dating user may at any time modify or delete their profile.

9.2 The #Dating user has the right to demand the removal or deletion of the user’s own profile from the website. Yalwa shall be ready to comply with this request immediately. However due to technical reasons, this usually takes a period of up to 24 hours.

10. DATA PROTECTION

Under law you have the right to access, modify, rectify and delete data concerning you. If you wish to remove yourself completely from #Dating please contact us through the contact form.

11. LIABILITY LIMITATIONS

11.1 The user agrees not to hold Yalwa responsible for things other users post or do. As most of the content on #Dating comes from other users, Yalwa does not guarantee the accuracy of the profile information, user communications or the quality, safety, or legality of what’s offered. Continuous or secure access to Yalwa’s services cannot be guaranteed. To the extent legally permitted Yalwa expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. Yalwa is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from the usage of the #Dating website, even if Yalwa has been advised or could have reasonably foreseen the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to the user.

11.2 Despite the previous paragraph, if Yalwa is found to be liable, the liability to the user or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees the user paid to Yalwa in the 12 months prior to the action giving rise to liability, or (b) 100 Euros.

12. MISCELLANEOUS

12.1 The transfer of rights and obligations of #Dating users to third parties requires the approval of Yalwa.

12.2 The disclosure of login details and passwords to third parties, including #Dating users, is prohibited.

12.3 If the customer/user is a merchant or a legal entity of public law or constitutes special funding under public law, the place of jurisdiction is agreed upon to be in Wiesbaden, Germany.

12.4 Yalwa may update the Terms from time to time so please review the relevant pages regularly. Should you object to any term or condition, guideline, or subsequent changes made to the platform, then we recommend the immediate disuse of #Dating.

12.5 The legal relationship between Yalwa and the #Dating user is subject to the rights of the Federal Republic of Germany to the/with the exclusion of the UN consumer rights (CISG) and conflicts to the provisions of German rights.

Questions, remarks and complaints may be sent to us through our contact form.