The site datehard69.com is an offer (hereinafter referred to as the Service) of Dateblaster AG, Zugerstrasse 6, 6330 Cham, Switzerland.
The Service is a communication platform which, among other things, offers Users the possibility of presenting themselves on the internet as interested in partnerships, friendships, one-night-stands or extramarital affairs. The Service offers, among other things, the option to contact real, like-minded women, couples and men who would under certain circumstances like to get to know new partners. The Service also offers numerous possibilities to communicate, flirt and present one’s own self.
1. dateblaster grants the Users access to a dating platform on datehard69.com. The platform features profiles and information about other Users. After creating their own profile, Users can search for other profiles on the platform. Users can view other User profiles and make limited contact with these other Users.
2. dateblaster ’s Services are offered exclusively for private, non-commercial purposes. The User agrees to only use the Service for private purposes upon registering on a dateblaster Service.
3. dateblaster provides both free and fee-based Services. Free registration enables the User to create a profile, view the profiles of other Users and send predefined messages to other Users. Users who register for the additional paid Service may, in addition to the free services, contact other Users and send messages to them. The fee-based Service can be subscribed to for different periods of time. Before providing these Services, the User shall be informed about the liability to pay fees, the content and scope of the Services as well as the price and terms of payment.
4. dateblaster keeps the system permanently available (24/7). The output that connects the data centre used by dateblaster to the internet (interconnection point) is decisive for the availability. dateblaster guarantees the Users of its paid Services an average annual availability of 97%. Availability, however, is only considered to be impaired when the User has reported the error (error message) to dateblaster . Interruptions caused due to force majeure are excluded.
5. dateblaster may use externally contracted service providers to provide its Services, including in particular payment providers, content providers and other external service providers. Externally contracted service providers who provide Services on behalf of dateblaster are not considered as third parties within the meaning of these General Terms and Conditions.
§ 2 - Conclusion of Contract
1. dateblaster does not enter into contracts with persons under the age of 18.
If dateblaster has doubts about the User’s legal age, it will ask the User to provide proof of age. If the User does not provide proof of age within two weeks, dateblaster is entitled to terminate the contractual relationship without notice.
If dateblaster has reasonable grounds to doubt that a person is not entitled to participate, dateblaster is entitled to verify the person’s personal details by requesting official papers in order to establish identification. Users who are not entitled to participate are excluded from using the Services.
3. In addition to free Services, dateblaster offers the User various fee-based Services (premium membership). Upon using these Services, the User enters into another contractual relationship that is separate from the free contractual relationship. These General Terms and Conditions also serve as the basis for this additional contractual relationship. The User is informed about the content, duration/term, price and terms of payment before concluding the contractual relationship on the respective Service. By clicking the ‘Buy now’ button, the User submits an offer to conclude a contract for dateblaster ’s fee-based Services. dateblaster will confirm the acceptance of the offer to the customer by either activating the Services or sending the customer an email.
§ 3 - Costs
1. The Services offered by dateblaster on this Service are provided to the User free of charge as long as the User has not been informed of the obligation to pay costs before the conclusion of a fee-based Service.
2. Before the User uses such Services, the applicable prices, the method of payment as well as the duration of ongoing payment obligations shall be explained to the User within the scope of these fee-based Services.
§ 4 - Payment Conditions
1. The fee for fee-based Services is to be paid in advance to dateblaster and shall be collected in full using the payment procedure selected in the ordering process if this amount can be covered by the means of payment given.
2. If it is not possible to collect the full payment amount, dateblaster reserves the right to collect this amount in separate instalments at its own discretion.
3. In the event of a default in payment by the User, the amount owed during the period of default is subject to interest and commercial collection proceedings will be carried out. If the User continues to owe the amount, the receivable will be transferred to a debt collection agency - which will incur additional costs - and a processing fee of EUR 4.50.
§ 5 - Termination; Contract Dissolution; Contractual Period
1. The User is entitled to terminate for the free Services by cancelling the contract at any time. The User has the option of terminating the contract by providing dateblaster with a declaration of termination or by selecting the ‘Delete profile’ button within the Service. After the contract has been terminated, the User’s profile and the corresponding data records will be deleted, insofar that legal requirements do not require the storage of such data. The contractual relationship for fee-based Services must be terminated separately.
2. The User of a fee-based Service (premium membership) can terminate the contractual relationship and continuing obligation within a period of 14 calendar days prior to the end of the respective ordinary contract term. If the 14 days’ notice period ends after the subscription term your Premium Membership will automatically renew but will terminate at the end of the renewed subscription term. Termination of a fee-based contractual relationship must be made in writing to take effect. The declaration of termination should include the User’s full name, the Service used, email address and username used for registration in order to ensure successful processing of the termination. Termination by e-mail should be sent to firstname.lastname@example.org. Alternatively the written termination of a fee-based contractual relationship can also be sent by fax +442034118814 or by post. For your assistance we have created a cancellation form, which you can simply fill-in and send to us or use as a guideline. It includes all contact details with all the necessary fields to successfully complete the termination of a fee-based service. Please click here to print out a cancellation form.
3. By way of derogation from the provisions laid down in paragraph 2, if the User signed up for a contract of less than 30 days, he/she is entitled to terminate the contract at any time.
4. Termination of the free as well as of the fee-based contractual relationship is confirmed by sending an email to the User’s current registered email address.
5. dateblaster is entitled to give extraordinary notice of termination of the contract provided:
a) the User repeatedly violates User obligations in accordance with Point 6 Paragraph 5;
b) contrary to Point 2 Paragraph 1, the User does not provide proof of age at the request of dateblaster .
§ 6 - User Obligations- see also content provider & usage policy
1. The User is solely responsible for the content of his/her registration information, any other personal details provided as well as for information he/she freely provides about himself/herself. The User hereby guarantees that all the information provided in his/her User profile is true and describes the User. The intentional provision of false information entitles dateblaster to block the User profile without dateblaster ’s claim for payment being affected. This also entitles dateblaster to terminate the contract without notice.
2. The User guarantees that he/she shall not use dateblaster ’s Services for business or commercial purposes, in particular for advertising purposes. The User is not allowed to search the content and profiles of other Users manually or use programs to do so in order to use the data obtained for purposes outside of the Services provided by dateblaster .
3. The User is obliged to keep emails and other messages as well as data from other Users confidential and to not disclose them without the third party’s consent.
4. The User agrees to keep his/her login details confidential. In the event that login details are disclosed to third parties, the User shall be responsible for all the consequences of this event. If the User suspects that the login details have been disclosed to third parties, he/she must immediately inform dateblaster of this and take appropriate measures to avoid further misuse.
5. Furthermore, the User undertakes not to misuse dateblaster ’s Services, in particular
a. not to use it to disseminate defamatory, racist, hateful, offensive or otherwise unlawful material or information;
b. not to use the Services to threaten, harass, or violate the rights (including personal rights) of other Users and third parties;
c. not to upload any data containing a virus and/or software or other material which is protected by copyright or other proprietary rights to the system or database, unless the User is the owner of such rights or has acquired the necessary consent to use such rights;
d. not to use the Services in a manner that adversely affects the availability of the Service for other Users;
e. not to intercept, or try to intercept, emails or any other messages;
f. not to send emails and other messages to another User for any other purpose than private communication, in particular not to advertise or offer goods and services or for other professional or commercial purposes;
g. not to mention or insert names, addresses, telephone or fax numbers, messenger addresses, email addresses, trademarks, company names, names of other online portals or URLs in the personal description and uploaded files;
6. Failure to comply with the aforementioned rules of conduct or violation of any of the expressly arranged obligations outlined in these General Terms and Conditions shall entitle dateblaster to terminate the contract without notice for good reason, as well as to immediately block the User from accessing the dateblaster database. Instead of blocking or terminating a User, dateblaster can also delete parts of the User profile.
7. Insofar as the User links commercial or business interests with the conclusion of the contractual relationship or uses third-party data made accessible to him/her for business or commercial purposes, or for purposes not expressly approved by dateblaster , he/she is obliged to pay a contractual penalty to dateblaster amounting to EUR 500.00 for each verified infringement. Further compensation claims for damages shall remain unaffected thereby.
§ 7 - Business Operation
1. dateblaster is entitled to check the contents and data provided by Users and to remove the corresponding data if the content violates these General Terms and Conditions.
2. dateblaster is also entitled, but not obligated to examine texts, uploaded photos and pictures for compatibility with these General Terms and Conditions and statutory requirements and to remove them in case of a violation.
§ 8 - Transfer of Rights
1. The User grants dateblaster a non-exclusive, transferable right not restricted in space, but limited in time by the contractual term, to use the content created or provided by him/her on the Service, including pictures, texts and videos.
2. The User guarantees that the content he/she provided or created and the usage of such content does not violate the rights of third parties, in particular no copyrights or other proprietary rights.
§ 9 - Liability
1. dateblaster assumes no liability for the content of User profiles. It has no control over the accuracy and security of information exchanged between Users or posted by Users in their profiles.
2. dateblaster accepts no liability that the User profiles shown in the match system and their interpretation as regards compatibility with other Users is accurate. dateblaster is only responsible for the contact mediation and not for the success of the contact.
3. Furthermore, dateblaster accepts no liability for financial or other non-bodily damage that could be linked with the Service, except in cases of gross negligence or wilful misconduct of dateblaster .
4. Moreover, dateblaster accepts no liability for unauthorised third parties gaining access to personal data of Users (e.g. as a result of hackers gaining unauthorised access to the database), except in cases where dateblaster has made such access possible, either deliberately or through gross negligence.
5. dateblaster also accepts no liability for third parties misusing Users' details and information that the Users share or make available to third parties.
§ 10 - Indemnification
1. Every User shall, therefore, indemnify dateblaster against any liability, obligations, costs and compensation claims resulting from defamatory statements, insults, infringement of personal rights caused by other Users.
§ 11 - Technical Faults
1. dateblaster does not guarantee the permanent availability of its websites or their technical functionality.
2. In particular, dateblaster assumes no responsibility for disruptions to the quality of access to the Service due to force majeure or other circumstances beyond the control of dateblaster .
§ 12 - Dispute ResolutionThe EU Commission has set up an Internet platform for online dispute resolution (‘ODR platform’) between companies and consumers. The ODR platform can be accessed at https://ec.europa.eu/consumers/odr/. Please note that we are neither legally obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.
§ 13 - Right of RevocationYou have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the date of contract conclusion.
In order to exercise your right of revocation, you must inform us (Dateblaster AG, Zugerstrasse 6, 6330 Cham, Switzerland, fax: +442034118814, e-mail: email@example.com) by clearly stating your decision to withdraw from this contract (e.g. by post, fax or email).
To observe the revocation period, it is sufficient for you to send us the notice that you wish to assert your right of revocation before the expiry of the revocation period.
Effects of revocation
If you revoke this contract, we shall repay to you all payments we have received from you, including delivery charges (except for additional costs arising from your choice of a different delivery method to the most favourable standard delivery we offer) immediately and at the latest within fourteen days from the date on which your revocation notice reaches us. Unless expressly agreed otherwise, we will use the same means of payment for your refund that you used to pay for your order; in any event, you will not incur any fees as a result of the refund.
If you request your services to start during the revocation period, and subsequently cancel, you must pay a reasonable amount corresponding to the percentage of the services already provided compared to the total scope of the services envisaged in the contract up to the date you inform us of your intention to assert your right of revocation with respect to this contract.
At your express request, we will commence execution of the fee-based contract before the expiry of the revocation period, provided that you also agree that this will invalidate your right of revocation and confirm to us that you are aware of this.
To revoke the contract, you can also use the following revocation form template.
Zugerstrasse 6, 6330 Cham, Switzerland
I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods()/for the provision of the following service ()
– Ordered on ()/received on ()
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for paper-based notification)
(*) Delete as appropriate.