Terms of Use
The Penpals Network is a free Service. We only insist that you follow some simple rules on how to act. They're simple and pretty obvious. If you should find that someone is breaking the rules, please notify the Administrator.
§1 Validity
(1) All business connections between the publisher of this website (hereafter referred to as "operator", "website") and the person using it (hereafter "member", "user") depend on the following contractual terms. Alternative agreements are not accepted unless the operator agrees to them in written form.(2) The existing business connection make this agreement valid in all cases, also if it should not be mentioned for every action itself.
(3) The base of this agreement is the storage of user data in the operators database and administration of this data for as long as the user is registered as a member.
§2 Conclusion of contract
(1) The user has to be of age or to use the services of this website with prior agreement of the legal guardians.(2) The operator has the right to demand for official documents which proof the users data. The user has to provide the operator with all requested information.
(3) This agreement is deemed to be accepted after the user has been successfully registered as a member of this website. The registration and the validity of this agreement are confirmed by a confirmation email.
§3 Object of agreement
(1) The operator offers free access to contact ads and free contact ad placements. Furthermore the opperator offers other optional communication services.(2) The folling terms are to stipulate the claim of operator services by the user.
(3) The services offered by the operator are for noncommercial use. The user is obliged to use this service with private intentions only.
§4 Services
(1) The operator offers access to a central database which allows the reading of existing ads and the saving of new ones. Placed ads are published on several websites which access the operators database.(2) Users who have been registered as a member and confirmed their registration can read and placed ads, view user profiles and contact members. The operator offers an anonymous messaging system for members to communicate without the need to refer private contact information like the users email address.
(3) Additional services are explained on the website.
(4) The operator does not guarantee any successfull contact during contract period because the operator does not act as an active agency. Every registered member has the possibility to contact other members and to accept or decline contacts. The operator is not liable if the users does not get in contact with others or if contacts are aborted.
§5 Accession and fees
(1) You have to register as a member if you want to use all service of this website. The registration is totally free of charge and requires the acceptance of this agreement. Also the use of other future services is free of charge unless we explicitly refer to fees before the use of a service.(2) In case of confirmed or unconfirmed suspicion of illegal acts the operator is entitled to suspend a user at any time.
(3) Insignificant interferences of services not free of charge do not authorise any complaints. An insignificant interferences exists if the time a service cannot be used does not exceed five contiguous days. Furthermore an authorized complaint implies that the operator is liable for unavailability according to paragraph 10.
§6 Duties of the user
(1) The user is not allowed to register more than one time. The operator offers the user a functionality to get lost login data sent to the users email address.(2) The user is obliged to keep all emails and other information of members - which the user comes to hand by using services of this website - in confidence. The user is not allowed to make these information accessible to third persons without prior permission of its sender. This includes names, telphone/fax/ICQ numbers, addresses, email addresses, URLs and similar information of other members and also applies for information of non-members. Furthermore this includes write outs, abbreviations and encodings of the afore mentioned information.
(3) The user is not allowed to publish personal information with an ad. This includes names, telphone/fax/ICQ numbers, addresses, email addresses, URLs and similar information and also applies for information of third persons. Furthermore this includes write outs, abbreviations and encodings of the afore mentioned information.
(4) The use not allowed to upload photos which show the own person. If third persons are shown on the photo, these persons have to be disguised or give their explicit consent to the publishing of the photo.
(5) The user is obliged not to misuse the operators services - in particular:
a) not to use them to spread defaming, displeasing, pornographic or similarly illegal information
b) not to use them to annoy or threaten other persons, breach the rights - including personal rights - of other persons or to promise or ask for money
c) not to upload material which is infected by a computer virus or which is protected by copyrights or industrial property rights of third parties
d) not to use them in a way which prejudicially influences the availability of these serives for other users;
e) not to send messages to user which do not have the aim of personal communication but the aim of selling products or services to other users (except this is expressly alowed by the operator)
f) not to send the same message to several users within a short period of time.
(6) If the operator suspects the user of using this website in an illegal way, the operator is allowed to check transmitted information and as the case may be to limit or disable the access to this information or service. According to paragraph 7 the operator is also allowed to disable the users access to all offered services. In cases of doubt the operators decision applies.
(7) Regardless of penologic and civil law prosecutions for the member, the operator has the right to disable the access to all services without notice or compensation according to paragraph 7 if the user infringes upon one of the above mentioned obligations.
§7 Cancellation
(1) The user is always able to cancel the membership without notice by using the offered cancellation function, except the user has to fulfill obligations concerning this website before. The cancellation ends the afore mentioned contractual relationship. If the user is still entitled to use payed services, the user waives this use and the return of payments.(2) The user has to perform the cancellation by logging in this website and using the offered cancellation function.
(3) In case of lasting inactivity (not using the login data) of the user, the operator has the right to cancel the users membership without notice or compensation for negative consequences resulting from the cancellation. Only in this case the user is allowed to register again.
(4) The operator has the right to completly or partially cease offered services without notice.
(5) If the user has payed for and is still entitled to use a later ceased service, the operator proportionally rebates the payments for unused claims or provides an equivalent service instead.
§8 Check of submitted data
(1) The operator has the right to check and if necessary to change or delete submitted information like texts or graphics if they are not in compatibility with the law in general, with this agreement or with this website principles.(2) Submitted graphics for the ad profiles are checked by the operator before they are published on this website.
(3) Submitted texts or graphics for an ad which are not suited for adolescent persons or in contrary to this website principles will not be published.
(4) The operator is allowed to prohibit the use of particular data for the registration or the communication with particular recipients.
§9 Rights
(1) The operator has the exclusive right on all programs, services, processes, softwares, technologies, trade marks, inventions and on all other materials which belong to this website.(2) All trade marks mentioned on this website and if necessary protected by thirds are liable without reservation to the regulations of their valid mark right and the possession rights of the respective registered owner. However due to the bare mention of trade marks it does not mean, that they are not protected by third rights.
(3) The operator has the right to use all to the purpose of the publication submitted data without reservation also over the duration of the membership of the user. The operator may change and spread these information and use them for advertising purposes.
(4) The customer is strictly forbidden to use applications which change the physical or logical structure of the used nets or to attempt to translate, to back-develop, to decompile or to disassemble the software of the operator. This applies in particular to appropriate scripts, robots and other technical mechanisms, which fulfill similar purposes.
§10 Liability
(1) The operator does not have a control over the correctness and security of information, which are exchanged between users or which are published with user profiles. Therefore the operator is not liable for these information in each case.(2) Users can enter, even if this is not permitted, incorrect information or use the services of the operator for other inadmissible or illegal means. For the inadmissible or illegal use of an offered services the liability the operator is impossible. Furthermore the operator takes over no liability for the correctness of the provided user profiles.
(3) The operator is not liable for the no-break availability of the offered services as well as for system-dependent losses, interruptions and disturbances of the technical equipment and the services of the operator. The operator is not responsible in particular for disturbances of the access to the services of the operator due to force majeure or due to events, which the operator has no impact on, in particular the loss communications networks and gateways. The operator does not take over liability for insignificant interruptions of the services.
(4) For damage, which does not occur due to the aforementioned causes, the operator is responsible only with intention and rough negligence of its organs, coworkers and executing aides and only in the relation to other causes in the emergence of the damage.
(5) The operator is responsible for simple negligence only, so far an organ, a coworker or an executing aide of the operator violates a contract-substantial obligation. The liability is limited to the typically resulting damage.
(6) The liability is in all other respects excluded.
§11 Independent service providers
(1) Any contact between the user and advertising customers or independent service providers, who appear on the web page, is it due to advertisement, promotions, information or the purchase of products and services, including their payment, supply and other agreements like warranties etc., justifies a relationship, which exists exclusively between the user and the mentioned third.(2) The user explains that the operator can be made responsible in no way for negative consequences, which possibly arise from the relationship specified before.
(3) The operator excludes liability for the correctness and the dependability of all information, opinions and other data published by advertinsing customers or independent service providers.
§12 Support
(1) The user is always able to contact the operators support team by using the linked contact form on this website.
§13 Release from liability
(1) The user indemnifies the operator from any liability and obligation for expenses and claims which result from damages because of defamatory statements, libels or invasions of personal privacy by other users, because of the unavailability of operators services or because of invasions of intellectual property or other rights by other users. Furthermore the user indemnifies the operator from all liabilities, claims and costs which result from an infringement of this agreement.