Terms of Service
1. General Provisions
1.1. This User Agreement, afterwards the Agreement, is developed by the Administration of the dating club "ONIONA CLUB" (url-address http://ONIONA.CLUB), afterwards the Club, and determines the conditions for the use and development of the Club, as well as the rights and responsibilities members of the Club and the Administration.
Members of the Club are individuals, registered in the Club. The Agreement also extends to relations, related to the rights and interests of third person. Third person is a person, who isn’t the member of the Club and whose rights and interests are affected as a result of actions of members of the Club.
1.2. The Agreement shall act into force upon registration of a member of the Club. A member of the Club may use the opportunities of the Club only after registration in it.
1.3. In case of breaking of the Agreement, the Club member will be forbidden from visiting the Club.
1.4. This Agreement may be changed by the Administration without any special notice to Club members. The new version of the Agreement shall act into force from the moment of its posted in the Club. The Administration recommends to check the terms of this Agreement for changes and additions regularly to all members of the Club. Attendance of the Club by a member of the Club after making changes and additions to this Agreement means acceptance and consent of a member of the Club with this changes and additions.
1.5. Relationships between a member of the Club and the Administration are regulated by currently in force legislation of Germany.
1.6. All rights to the whole Club and to use the url-address (domain name) http://ONIONA.CLUB belong exclusively to the Administration. The Administration provides the opportunity to take part in the Club for all interested persons in accordance with this Agreement and the currently in force legislation of Germany.
1.7. All objects placed in the Club, including design elements, text, graphic illustrations, videos, scripts, applets, software, music, sounds, etc. are the property of the Administration.
1.8. This Agreement doesn’t give Club members the right to use the above objects, as well as the company name, trademarks, domain names and other distinguishing marks of the Administration and the Club. The right to use the company name, trademarks, domain names and other distinguishing marks of the Administration and the Club may be used exclusively by written agreement with the Administration.
1.9. Nothing in the Agreement can be understood as the emergence of partnerships, agent relationships, joint activity relationships, personal employment relationships or any other relationships not expressly provided for in the Agreement between the Club member and the Administration.
1.10. A member of the Club is forbidden to reproduce, repeat and copy, sell and resell, as well as use for any commercial purposes, any intellectual ownership objects located in the Club, except when such a right is granted by its owner.
1.11. A member of the Club or a third person, who believes that his (her) rights and interests has violated due to the actions of the Administration, with another member of the Club or third person in connection with the posting of any information in the Club, may send a claim to the support service. Information will be immediately removed from public access or deleted at the first request of a legal copyright holder.
2. Conditions for visiting the Club
2.1. Registration as a Club member is voluntary and free.
2.2. In registration Club’s form person have to fill in reliable and actual information for a personal page Club’s member, including a unique login, email address, last name and first name for each Club member (the use of a pseudonym is allowed). The registration form of the Club may request additional information from a member of the Club. At the same time, the Administration does not check the accuracy of the information provided by the Club member, afterwards Registration Data, and does not regard the information provided by the Club Member as personal data subject to special protection in accordance with the General Data Protection Regulation and the Federal Data Protection Act.
2.3. The Club Member gives agreement to the Administration for collecting, storing and processing his (her) Registration Data.
2.4. A Club Member agrees that the Administration has the right to collect, store and use the Registration Data of a Club member (if any) within the Club in order to comply with the provisions of this Agreement.
2.5. A member of the Club gives his (her) consent to the processing Registration Data by the Administration for marketing researches in order to improve, optimize and modernize the Club.
2.6. A member of the Club gives his (her) consent to use Registration Data by the Administration for the purposes of "targeting".
2.7. A member of the Club gives his (her) consent to use cookies and other technologies to effect important online functions, analyze online actions, provide advertising services and other functions.
2.8. A member of the Club is personally responsible for the security of his (her) username and password, as well as full responsibility for all actions, which will be performed by him during the visit the Club.
2.9. Upon registration, a member of the Club agrees to the terms of the Agreement and accepts the rights and obligations connected with visiting the Club.
2.10. After successful registration as a Club member, the Administration accept the rights and obligations to the Club member, which is written in this Agreement.
2.11. Any actions with Club member’s login and password are considered to be committed by the corresponding member of the Club, unless otherwise is proven. In case of unauthorized access to the login, password or personal page of the Club member, or the distribution of the login and password, the Club member is obliged to immediately inform the Administration in the prescribed odder.
2.12. Responsibility for unauthorized copying and use of the information posted on the Club Member’s personal page is borne by individuals and organizations, which illegally used this information.
2.13. After registration, a Club member receives the right to create, use and determine the content of his own personal page for non-commercial purposes and provides access to it for other Club members. Also a Club member takes access to content and personal data of other members of the Club, if other members of the Club give the same accordant access rights.
2.14. A member of the Club, posting his information in the Club, transfers to the Administration the exclusive right to provide enhanced access to this information within the Club without paying any remuneration to the member of the Club.
2.15. The Club Member realizes that the Administration does not participate in the formation and use of the content and control of access of other Club members to the personal page of the Club member, except of cases established by this Agreement and the currently in force legislation of Germany.
2.16. The Club Member realizes and agrees that the owner of the Club Member’s personal page in the Club is the Administration.
2.17. A member of the Club agrees that on his personal page the Administration can post service messages, automatic notifications, and newsletters.
2.18. The Club Member agrees that the Administration may place advertisements, banners, etc. at member’s personal page, modify the display of information on the Club Member’s personal page for the purpose of advertising.
2.19. A member of the Club provides the Administration with the right to use, including reproduction, distribution, processing, public display and publicizing of information posted by a member of the Club for public viewing in the Club. The author of this information has all property and non-property copyrights in accordance with legislation of Germany and international agreements.
2.20. All property and personal non-property rights to the information posted on the personal page of the Club member belong directly to the Club member until otherwise specified. The member of the Club is warned of the liability established for the unlawful use and placement of someone’s other intellectual property according legislation of Germany. If it is determined, that the member of the Club, who posted the information, is not its copyright holder, this information will be delete by the first request of the legal copyright holder within three days from the receipt of the written request. The responsibility for the unlawful placement of information in the Club takes the member of the Club, who posted this information.
2.21. The Administration does not guarantee that the sections and services of the Club will accord to the requirements of a member of the Club and will be provided continuously, quickly and without errors, and the results, which can be obtained by a member of the Club, will be trustworthy.
2.22. A member of the Club uses any information, received in the Club, at his own risk. A Club member is responsible by himself (herself) for any damage, which may be caused to equipment and information data as a result of downloading or using information from the Club.
2.23. During visiting the Club it is forbidden for Club members:
2.23.1. placement of illegal, harmful, threatening materials, which insult morality, honor, dignity, rights and legally protected interests of third persons, libelous, violating copyrights, propagating hatred or discrimination of people of racial, ethnic, sexual, social groups, contributing to inciting religious, racial or ethnic hatred containing scenes of violence or inhuman treatment of animals, etc.
2.23.2. infringement of minority rights;
2.23.3. impersonate himself (herself) for another person, a representative of an organization or community without sufficient rights, including employees and owners of the Club, as well as misleading about the properties and characteristics of any subjects or objects;
2.23.4. placement of materials, which a member of the Club does not have the right to make available by law or according to any contract relationship;
2.23.5. post content of other sites, databases and other results of intellectual activity in the Club in the absence of the express consent of the copyright holder to such actions;
2.23.6. placement of materials, which violate the rights to patents, trademarks, trade secrets, copyright or other property rights, copyright and related rights of a third side;
2.23.7. placement of materials, which contains computer codes designed to violate, destroy or limit the functionality of any computer or telecommunications equipment or programs, to allow unauthorized access, as well as serial numbers to commercial software products, logins, passwords and other means to gain unauthorized access to paid resources;
2.23.8. posting information, which contains agitation to take of narcotic substances, including “digital drugs” (sound files, which affect the human brain through binaural beats), information on the distribution of drugs, recipes for their manufacture and tips for using;
2.23.9. posting information containing rude and offensive language and offensive proposal to someone's address;
2.23.10. the use of software and the implementation of actions aimed at disrupting the normal functioning of the Club and the personal pages of Club members;
2.23.11. propaganda of criminal activity or posting information containing advice, instructions or guidelines on the commission of criminal acts;
2.23.12. posting information containing a description of the means and methods of suicide, any incitement to commit it;
2.23.13. upload, post or otherwise transmit advertisements and intrusive correspondence “spam”, “letters of happiness”, invitations to participate in financial pyramids or impose services in any other way;
2.23.14. engage in mass mailing of commercial, political and other advertising;
2.23.15. violations of local, state or international laws;
2.23.16. collecting and storing of Registration and personal data of other Club members;
2.23.17. transfer records with advertising, commercial or propaganda information, which is not agreed with the Administration;
2.23.18. placement of pornographic materials;
2.23.19. rendering, advertising and offering services to satisfy the sexual needs of other Club members;
2.23.20. the use of viruses, Trojans and other malicious programs;
2.23.21. access to any services in any other way, except through the Club’s interface, with the exception of cases when such actions were authorized to member of the Club by the Administration.
2.24. A member of the Club is directly responsible for all information, data, text, programs, music, sounds, photos, graphics, videos, messages and other materials posted or transmitted by himself (herself) during a visit to the Club, as well as for services offered and provided by himself (herself) during a visit to the Club. At the same time the Administration is not responsible for these actions of a member of the Club.
2.25. In case of claims from third persons related to the placement of information by the Club member, this member of the Club will independently and at his own expense settle these claims.
2.26. A member of the Club independently bears full responsibility for the content of his messages transmitted and received during a visit to the Club.
3. Rights and obligations of the Parties.
3.1. Administration Rights:
3.1.1. The Administration has the right to delete information or to refuse a member of the Club to post information if its content contradicts the requirements of the Agreement.
3.1.2. The Administration has the right at the request of law enforcement agencies in accordance with currently in force legislation to provide information about a member of the Club.
3.1.3. The Administration has the right to limit the use of Club services, the maximum size of disk space, etc.
3.1.4. In the fact of the spam mailing by Club member, the Administration has the right to destroy the Club Member’s account and personal page, as well as contact the law enforcement agencies with a statement, which member of Club must be held liable for this spam mailing.
3.2. Club Member Rights:
3.2.1. A member of the Club has the right to register only one personal page in the Club.
3.2.2. A member of the Club has the right to post personal information on his (her) personal page in the Club.
3.2.3. A member of the Club has the right to independently change and correct information on his (her) personal page in the Club about himself (herself), except the date of birth, if that such changes and corrections contain actual and reliable information.
3.2.4. A member of the Club has the right to use all the services provided by the Administration during a visit to the Club.
3.2.5. A member of the Club has the right to place intellectual property in the Club, the right to use of which belongs to him legally.
3.2.6. A Club member has the right to independently delete the information posted by him (her) on his (her) personal page; delete his (her) personal page in the Club. When information is deleted from the personal page of a Club member or directly deleted the personal page of a Club member from the Club, information about the Club member copied by other Club members or stored on the personal pages of other Club members remains.
3.3. Club Member Responsibilities:
3.3.1. A Club Member is fully responsible for the content of his messages, as well as in relation to the information posted by him in the Club.
3.3.2. In the fact of claims are received from third persons related to the placement by the Club member of information in the Club, a Club member will independently and at his own expense settle these claims.
4. Protection of Registration Data.
4.1. The Administration is obliged to protect the provided Registration Data of a Club member from unauthorized access and processing by criminals.
4.2. The email address and password of Club member are used for full access to the resources of the Club. The responsibility for the safety of this information lies directly with the Club member. A Club member does not have the right to disclose the email address and the password, required to participate in the Club to third persons and is also obliged to take measures to ensure their confidentiality.
4.3. The Administration provides the Registration Data of a Club member to third persons only in cases stipulated by currently in force legislation of Germany.
5. Deletion of the account and removal of the personal page of the Club member.
5.1. The Administration reserves the right to delete the account of the Club member, as well as deny a Club member access to Club without prior notice in the cases:
5.1.1. violations by the Club member of the terms of the Agreement;
5.1.2. at the request of state authorities in accordance with currently in force legislation of Germany;
5.1.3. lack of activity of a Club member for more than 90 days;
5.1.4. other cases when removal is necessary for the normal and correct functioning of the Club.
5.2. A member of the Club has the right at any time to refuse to use his account and delete his account from the Club.
5.3. The Administration reserves the right to change or delete any information posted by a member of the Club in the Club in case a member of the Club violates the terms of the Agreement. Moreover, the Administration is not liable for damage, which may be caused to the Club member by such an action.
5.4. If a Club member posts information and materials, which are not legally owned by him and receives a reasoned complaint from the copyright holder about a violation of his rights, the Administration has the right to remove this information or materials from the Club without notifying the Club member.
6. Administration is not responsible:
6.1. for full or partial loss of information posted by a member of the Club;
6.2. for the actions of a member of the Club during a visit to the Club;
6.3. for information posted by a member of the Club during a visit to the Club;
6.4. for failures arising in telecommunication and electric networks;
6.5. for the actions of malware;
6.6. for unscrupulous actions of third persons;
6.7. for the content and legality of the information used, received or sent by a member of the Club during a visit to the Club;
6.8. for lost profits or damage caused to a member of the Club as a result of ability or inability to use the services during a visit to the Club;
6.9. for the accuracy of the advertising information received by a member of the Club during a visit to the Club;
6.10. for the quality of advertised goods in the Club;
6.11. for damage of the software and equipment of a Club member resulting from a visit to the Club.