It does not apply to personal data processed by:
Mountain Top Digital A.G. is responsible for the processing of your personal data under applicable data protection laws and has assigned a Data Protection Officer ("DPO") who can be contacted at:
Mountain Top Digital A.G.
In order to access the Website or register for an account, you must be 18 years of age or have reached the age of majority where you reside. Company prohibits all persons who do not meet the age requirements from using the Website and/or registering for an account. Minors are prohibited from accessing the Website or using its services.
If Company learns that it has processed personal data from a minor, Company will delete that personal data as quickly as possible. If you believe that Company might have collected any data from or about a child under 18-years old or the age of majority, please contact Company at dpo@WildFlings.com. If you are a minor or have otherwise gained access to our Website by providing false information such as your date of birth, you must leave the Website immediately.
Company may process several types of personal data about you including:
Company may collect information about you, including the categories outlined above, in different instances, including: (1) when you provide information to us; (2) when you visit our Website; (3) when you post User Contributions as defined below; and (4) from third parties.
Information You Provide to Us
We collect personal data directly from you when you voluntarily provide it to us or voluntarily provide it to other users through the Website, including as part of registering for an account, uploading photos, sending audio/video messages to other users, chatting with users, or completing a purchase. Such data may include:
We also collect information from you that you voluntarily upload for public display. For example, you may provide personal data to be published or displayed ("posted") on public areas of the Website or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on the Website and transmitted to others at your own risk. Once you post your User Contributions, neither you nor we are able to control how it may be copied, shared, or used by third parties, even if you or we later delete such posts. Accordingly, you should carefully consider what personal information you choose to include within your User Contributions. Although you may be able to set certain privacy settings for these personal data by logging into your account, please be aware that no security measures are perfect or impenetrable. Additionally, the Company cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Thus, the Company cannot and does not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect from Your Usage of Our Website
Certain personal data is collected automatically when you visit or navigate the Website. Information collected in this manner is provided automatically by your system and the systems that you use to connect to our Website/technology. For example, we may keep track what webpages you visit, how long you view those pages, etc. This information may include:
Information We Obtain from Third Parties
Company may also collect personal data from third parties including service providers, for example third-party payment processors. This may include information identified above as well as information in the public domain.
Company may use the personal data that it collects about you or that you provide to the Company for any of the following business and/or commercial purposes:
Company may use the personal data it has collected from you to display advertisements to its advertisers' target audiences. Even though Company does not disclose your personal data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Company processes personal data for the period of time required for the respective purpose or purposes. In the case of longer-term storage obligations due to applicable legal and other obligations, Company will restrict the processing accordingly.
Data will be deleted when it is no longer required for the performance of contractual, legal or any other obligations. The necessity of storing the data is reviewed at irregular intervals. In all other respects, the statutory storage obligations apply.
We process personal data in accordance with Swiss data protection law as the Company is registered in Switzerland. In addition, we process personal data, to the extent that the European Union's General Data Protection Regulation (EU) 2016/679 dated April 27, 2016 (Datenschutz-Grundverordnung, DSGVO; "GDPR") is applicable, in accordance with the following legal principles pursuant to article 6 paragraph 1 sentence 1 GDPR:
In addition, we process your personal data when and to the extent that you have provided us with your consent. This data will only be used for the purpose and to the extent that you have consented, e.g., we will only inform you about our products and services in accordance with your consent.
The legal ground for data processing based on your consent is article 6 paragraph 1 sentence 1 litera a GDPR, in which case you have the right of revocation for the future. You can send the revocation by email at dpo@WildFlings.com. The legality of the data processing carried out up to the exercise of your rights remains unaffected.
The personal data will be deleted after completion of the purpose for which you provided your consent, in compliance with the statutory storage obligations.
Automatically Generated Data
The legal ground for the processing of automatically generated data is article 6 paragraph 1 sentence 1 litera f GDPR. The processing is necessary to ensure the functionality of the Website, to optimize, and correctly present the contents of the Website, to deliver a better service as well as to provide law enforcement authorities with the information required for criminal prosecution in the event of a cyber-attack. This is also where the legitimate interest for data processing lies.
The automatically generated data will be deleted as soon as they are no longer required for the aforementioned purposes. The processing of the automatically generated data, and storage in log files are absolutely necessary for the operation of the Website. There is consequently no possibility of objection.
In order to use our services, exchange messages, and post User Contributions, you have to create a user account. During the registration process, you are notified of the required mandatory data. The user accounts are not public and cannot be indexed by search engines. Once you have deleted your user account, your personal data with regard to your user account will be deleted, subject to certain storage requirements for commercial or other legal reasons.
Within the scope of registration, renewed logins, and use of our online services, we store the IP address along with the time of the respective user action. The storage is based on our legitimate interests as well as the users' interests in protection against misuse and other unauthorized use. This data will not be disclosed to third parties, unless it is necessary to pursue our claims or there is a contractual or legal obligation to do so.
Company may also disclose your personal data:
To make sure you get to meet as many people as possible, other users get to see your username and any other information you post on your profile, including photos. Any information you choose to provide should reflect how much you want other users to know about you.
Company recommends and encourages you (and all users) to think carefully about the information you disclose about yourself. Company does not recommend that you put email addresses, URLs, phone numbers, full name, postal address, credit card details, national identity numbers, drivers' license details, or other sensitive information in your profile, which is open to abuse and misuse.
Please be careful about posting sensitive details about yourself on your profile. While you may voluntarily provide this information to the Company when you create your profile, including your sexual preferences and ethnic background, there is no requirement to do so on your profile. Please remember that photographs that you post on the Website may reveal this kind of sensitive personal data. Where you do upload and choose to tell Company sensitive information about yourself, you are expressly consenting to allow Company to process this information and make it public to other users.
When you post information about yourself or use the messaging system, the amount of personal information you share is at your own risk. If you post anything that is inconsistent with the Terms & Conditions, Company may terminate your account.
Company provides you the ability to exercise certain controls and choices - by email at firstname.lastname@example.org or by respective settings in your account - regarding its collection, use, storing, and sharing of your personal data. In accordance with local law, your controls and choices may include:
In particular, if you delete your User Contributions from the Website, copies of your User Contributions might remain viewable in cached and archived pages or might have been copied or stored by other users of the Website. The Website's Terms & Conditions govern proper access and use of information provided on the Website, including User Contributions.
Under certain privacy laws, consumers have specific privacy rights. Regardless of whether you are an account holder or a visitor, under certain laws, you may exercise the following data protection rights: the right of deletion, the right to amend or rectify your personal data, the right to object to the use of your personal data, the right to restrict processing of your data, the right of access, the right to not receive discriminatory treatment, and the right of portability, where feasible. Such rights are subject to certain limitations, as provided for by applicable laws.
For example, if you are a resident of the European Economic Area, you may exercise the following rights regarding the processing of your personal data:
Right to Access
You have the right to request information about the personal data we store about you at any time and we will provide you with a copy of your personal data via email.
Right to Portability
Whenever Company processes your personal data, you have the right to request that your personal data will be transferred to you or to a third party.
Right to Rectification
You have the right to request rectification of your personal data if it is incorrect, including the right to have incomplete personal data completed.
Right to Erasure
You have the right to erase any personal data processed by Company at any time except for the following situations:
Right to Restriction
You have the right to request that Company restrict the processing of your personal data under the following circumstances:
Right to Object to Processing
You have the right to object to processing of your personal data. Company will not continue to process the personal data unless we can demonstrate a legitimate ground for the process which overrides your interest and rights, or if the processing serves to assert or defend legal claims.
Right to Revoke a Consent
You have the right to revoke your consent to the processing of personal data at any time.
Rights of California Residents
California residents have the following rights under California privacy laws:
In addition, under California's "Shine the Light" law, California residents who provide information to the Website may request certain information regarding our disclosure of your information to third parties for their direct marketing purposes.
Exercising of the Rights Stated Above
Right to Complain to a Supervisory Authority
If you believe Company has processed your personal data in an incorrect way you can contact us. You also have the right to file a complaint to a competent supervisory authority.
The supervisory authority for data protection in Switzerland, where we are registered, is the Federal Data Protection and Information Commissioner (Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter), Feldeggweg 1, CH-3003 Bern, +41 58 462 43 95.
For the European Economic Area, the supervisory authority is an independent state authority established by a member state in accordance with article 51 GDPR.
Sale of Data
No. Company does not sell consumers' personal data and has not sold consumers' personal information during the past twelve (12) months.
Company has implemented measures designed to secure your personal data from accidental loss and from unauthorized access, use, change, and disclosure. All data you provide to Company is stored on its secure servers behind firewalls.
The safety and security of your data also depends on you. Where Company has given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. Company asks you not to share your password with anyone. In addition, Company urges you to be careful about giving out personal data in public areas of the Website like your profile. The personal data you share in public areas may be viewed by any user of the Website.
No Security Guarantees. The transmission of personal data over the Internet is not completely secure. Although Company does its best to protect your personal data, Company does not guarantee the security of your personal data transmitted to the Website or guarantee against all unauthorized disclosure, alteration, or destruction of personal data. Any transmission of personal data is at your own risk. Company is not responsible for circumvention of any privacy settings or security measures contained on the Website.
Do Not Track ("DNT") is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. Company is committed to providing you with meaningful choices about the personal data it collects and that is why Company provides you the ability to opt out. Company does not recognize or respond to any DNT signals. For more information, please visit www.allaboutdnt.com.
This Website uses SSL/TLS encryption for security reasons and to protect the transfer of confidential information so that the data you provide to us is not accessible to third parties. You can recognize an encrypted connection by the address line of your browser changing from "http://" to "https://" and by the lock symbol in your browser line.
Pages of the Website (and Company's emails) may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Company, for example, to count users who have visited certain pages (or opened an email) and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). If you want to learn more about web beacons, please visit www.allaboutcookies.org/web-beacons/.
Cookies that are required to carry out the electronic communication process or to provide certain functions that you have requested (e.g., shopping basket function) are stored on the basis of article 6 paragraph 1 sentence 1 litera f GDPR. We have a legitimate interest in the storage of cookies for the technically error-free and optimized provision of our services. To the extent that other cookies (e.g., cookies for the analysis of user behavior) or web beacons are used, these are collected and used on the basis of your consent. The legal basis is article 6 paragraph 1 sentence 1 litera a GDPR. You have the right to revoke your consent at any time.
Company does not control third-party tracking technologies or how third parties use them. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
You may use the Contact Form available on the Website to contact us.
If you would like to subscribe to our newsletter, we require an email address from you as well as information that allows us to verify that you own the email address provided and that you agree to receive the newsletter. We use this data exclusively for sending the newsletter and do not disclose it to third parties.
You can revoke your consent to the storage of this data, the email address and their use for sending the newsletter at any time, without this affecting the legality of the data processing carried out to date. The revocation of consent or unsubscribing from the newsletter can be made by email to support@WildFlings.com or via the link to unsubscribe from the newsletter, which you will find in every newsletter email. Your data for the newsletter dispatch will be deleted within 3 months after termination of the newsletter receipt, provided that the deletion does not conflict with any legal storage obligations.
This Website uses services from Google LLC, such as Google Ads, Google Remarketing, Google reCAPTCHA, Google TagManager, Google Analytics and Google Fonts.
Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, D04 E5W5, Ireland, is the entity responsible for data processing in the European Economic Area and Switzerland. Outside the European Economic Area and Switzerland, Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA is responsible for data processing. Google Ireland Limited and Google LLC are hereinafter referred to as "Google".
This Website uses Google Conversion Tracking. If you have reached our Website via an ad placed by Google, Google Ads will set a cookie on your computer or other end device. These cookies lose their validity after 30 days and are not used for personal identification.
If you do not wish to participate in tracking, you can deactivate or restrict the cookie settings in your internet browser.
Please note that you may not delete the opt-out cookies as long as you do not wish your data to be tracked. If you have deleted all cookies in the browser, you must set the respective opt-out cookie again.
The data processing is based on article 6 paragraph 1 sentence 1 litera f GDPR in order to create statistics, improve our offer and attract new users.
This Website uses the remarketing function of Google. The function is used to present interest-based advertisements to Website visitors within the Google advertising network. A cookie is stored in the browser of the website visitor, which makes it possible to recognize the visitor when they visit websites that belong to the Google advertising network. On these sites, the visitor can be presented with advertisements that relate to content that the visitor has previously accessed on websites that use Google's remarketing function.
The data processing is based on article 6 paragraph 1 sentence 1 litera f GDPR in order to address your preferences and make our Website more attractive.
This Website uses the service Google reCAPTCHA. The query serves the purpose of distinguishing whether the input is made by a human being or by automated, machine generated processing, in order to keep malicious software from engaging in abusive activities on the Website and to stop bots and other automated attacks.
The query includes the transmission of the IP address and any other data required for the service reCAPTCHA to Google. For this purpose, your input will be transmitted to Google and used by Google to evaluate your use of this service. The IP address transmitted by your browser while using reCaptcha will not be merged with your other data by Google. By activating the query, you agree to the processing of your data. The processing is based on your consent according article 6 paragraph 1 sentence 1 litera a GDPR. You may revoke your consent at any time. The legality of the data processing carried out up to the revocation remains unaffected.
We use Google Fonts for the visual design of our Website.
To integrate the fonts your browser must connect to a Google server and download the font required for our Website. Google thereby receives the information that our Website was accessed from your IP address.
The IP address transmitted by your browser in the context of Google Fonts will not be merged with your other data by Google.
No cookie is set when the fonts are downloaded from the Google servers.
The data processing is based on article 6 paragraph 1 sentence 1 litera f GDPR in order to ensure a maintenance-free and efficient use of fonts.
We use Adobe Fonts for the visual design of our Website. Adobe Fonts is a service of Adobe Inc., 345 Park Avenue, San Jose, CA 95110-2704, USA, which grants us access to a font library.
To integrate the fonts your browser must establish a connection to an Adobe server in the USA and download the font required for our Website. Adobe thereby receives the information that our Website was accessed from your IP address.
The data processing is based on article 6 paragraph 1 sentence 1 litera f GDPR in order to ensure a maintenance-free and efficient use of fonts.
This Website uses Fonts.com, a font visualization service provided by Monotype Imaging Holdings Inc, a Delaware corporation with its principal offices at 600 Unicorn Park Drive, Woburn, Massachusetts 01801, USA, which allows this Website to embed related content on its pages.
To integrate the fonts your browser must establish a connection to a Monotype server in the USA and download the font required for our Website. Monotype thereby receives the information that our Website was accessed from your IP address.
The data processing is based on article 6 paragraph 1 sentence 1 litera f GDPR in order to ensure a maintenance-free and efficient use of fonts.
This Website uses Google Analytics, a tracking tool used for traffic analysis of websites. We can use the statistics obtained to improve our offer and make it more interesting for you as a user.
The data processing is based on your consent, according article 6 paragraph 1 sentence 1 litera a GDPR. You may revoke your consent at any time without affecting the legality of the processing that has taken place on the basis of your consent until revocation. The use of Google Analytics can also be based on article 6 paragraph 1 sentence 1 litera f GDPR. We have a legitimate interest in evaluating your use of the Website and obtaining reports on the Website activity in order to optimize the Website.
You can also use the same link to deactivate the use of Google Analytics. By doing so, a so-called opt-out cookie is stored on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your end device, these opt-out cookies will also be deleted, which means that you will have to set the opt-out cookies again if you want to continue to block this form of data collection. The opt-out cookies are set per browser and device and must therefore be activated separately for each browser, computer or other device.
In addition to Google Analytics, the Website uses tracking tools listed below. All of these tracking tools are based on the same principles. They serve to analyze the use of the Website by users, to compile reports on Website activity and to provide other services related to the Website and Internet use.
For these purposes, cookies have to be set and stored on your computer or other end device. You have the option to prevent the storage of cookies by changing the settings of your browser software. Please note that with the corresponding setting not all features of this Website may be available. Users can also prevent the collection of data generated by the cookies and related to their use of the Website (including IP address) and the processing of these data by downloading and installing an appropriate browser plugin. Furthermore, you can object to the data processing directly by contacting the respective tracking tool provider.
Further, the tracking tools cannot identify you as a person. For instance, the IP address is anonymized immediately after processing and before it is stored on the server of the tracking tool provider.
Please note that the tracking tools providers may not only be resident in Europe or use servers located in Europe. Therefore, your personal data may be transferred not only to servers in the safe states within the meaning of Swiss data protection law.
The data processing is based on your consent according article 6 paragraph 1 sentence 1 litera a GDPR. You may revoke your consent at any time without affecting the legality of the processing that has taken place on the basis of your consent until revocation. The use of tracking tools can also be based on article 6 paragraph 1 sentence 1 litera f GDPR. We have a legitimate interest in evaluating your use of the Website and creation of statistics on the Website activity in order to optimize the Website in line with your preferences. The statistics are used to be able to track and prove the use of our offer. In order to market this Website and our services, it is essential to measure usage, which ensures comparability with other market participants. Our legitimate interest also results from the economic usability of the findings resulting from the statistics and user categories and the market value of our Website - also in direct comparison with third-party websites - which can be determined on the basis of the statistics.
We use the following tracking tools:
For the purpose of providing chargeable services, the Website uses external payment service providers through whose platforms the users and we can affect payment transactions. These are the following:
We use these payment service providers for the performance of contracts in accordance with article 6 paragraph 1 sentence 1 litera b GDPR. In addition, we use external payment service providers on the basis of our legitimate interests in accordance with article 6 paragraph 1 sentence 1 litera f GDPR to offer our users effective and secure payment options.
The data processed by the payment service providers may include master data (e.g., name and address), payment data (e.g., account numbers, credit card numbers, passwords, TANs and verification numbers) as well as contract and recipient related data. This information is required to complete the transactions.
For further information regarding data processing and the payment transaction we kindly refer to the terms and conditions and privacy policies of Visa and Mastercard (see the links above). We also refer to these for the purpose of asserting rights of revocation, information and other rights of data subjects.
The Website located at WildFlings.com is a copyrighted work belonging to the Company.
The trademarks, logos or copyrighted materials displayed on the Website are the property of the Company and/or other parties. Users and customers are prohibited from using any trademark, logo or copyrighted material for any purpose without the prior written consent of the Company or such third party which may own the trademarks, logos or copyrighted materials. Users and customers are prohibited from copying, reproducing, modifying, distributing, transmitting, displaying, publishing, selling, licensing, transferring, creating derivative works or using any information obtained on or through the Website for any commercial or public use. Infringement of copyrights leads to criminal liability and, if applicable, compensation for damages and further legal steps.
Reasonable efforts have been undertaken to ensure that the information displayed on the Website is current; however, the Company does not warrant the accuracy, reliability or completeness of the information.
Access to, and use of, the Website and its content is at your own risk.
Together with our IT partners, we strive to ensure that our Website is free from viruses, worms and other malware. However, we cannot assume any liability for the absence of viruses or other malware on our Website or on linked websites.
The Company shall in no event be liable for any damages (including, but not limited to, direct, indirect and consequential damages, punitive damages, loss of profit or damages resulting from business interruption) resulting from the use or misuse of or inability to use the Website or its content, whether based on contract, tort or any other legal ground, and whether or not the Company is advised of the possibility of such damages, in each case, subject to fraud, willful misconduct or gross negligence.
We also assume no responsibility or liability for the content and availability of third-party websites that can be accessed through external links on this Website. For the content of the linked websites, the operators of those websites are solely responsible. The Company encourages you to be aware when you leave the Website and to read the privacy policies of any other website that collects personal data. We therefore expressly disclaim all third-party content that may be relevant under criminal or liability law.
The Company is entitled to change or delete texts at its own discretion and without prior notice and is not obliged to update the contents of this Website.
Last updated March 05, 2021
These terms & conditions (the "Terms") set forth the legally binding terms for the use of the website located at wildflings.com (the "Website"), its content and services and for the contractual relationship between Mountain Top Digital A.G. ("we", "our" or "us") and you, and are the integrative part of the contractual relationship between you and us. By accepting these Terms, you represent and warrant that you have the right, authority and capacity to enter into the contractual relationship with us on behalf of yourself.
You must read these Terms in full. A few of the important points are mentioned in this section 1:
If you are under 18-years old and the age of majority where you reside, unfortunately you can't use the Website yet because it's a meeting place for adults only.
We are not responsible for anything that you post or say while you are on the Website, and we cannot monitor all of the content of the Website, but if we do see or someone tells us that you have posted something that we think is inappropriate, we may remove it.
2.1 The Website is a digital entertainment service for adults designed as a forum for meeting new people, a place to have discussions of a sexual nature, and to share photos and other information. It is intended to be a fun place to visit, and it is important to us (and for you) that it remains a safe and friendly environment so you must only use the Website in a manner consistent with its purpose and in accordance with these Terms and applicable laws.
2.2 The Website may contain uncensored sexually explicit material unsuitable for minors. Only adults who are at least 18-years old and who have reached the age of majority where they reside may access this Website. If you do not meet these age requirements, you must not access this Website and must leave now.
2.3 By accessing the Website, registering for an account, or purchasing tokens or a gold membership, you state that the following facts are accurate:
(2.3.a) You are at least 18-years old, have reached the age of majority where you reside, and have the legal capacity to agree to these Terms;
(2.3.b) You are not offended by pornographic content, including graphic visual depictions of sexual activity and nudity;
(2.3.c) You acknowledge that profiles on the website are fictitious and they have been created only to exchange messages with users and therefore real-life meetings with these fictitious profiles are therefore not possible.
(2.3.d) You access the Website voluntarily and for your own personal enjoyment;
(2.3.e) Your use of the Website is not prohibited or restricted by your jurisdiction;
(2.3.f) You have complied with and will continue to comply with the laws of the jurisdiction from which you access the Website;
(2.3.g) All information and data that you submit when you register is accurate, and you will promptly update any information and data that you provide that later becomes inaccurate;
(2.3.h) You will not share the Website or its content with a minor or otherwise make it available to a minor; and
(2.3.i) By logging on, you will have released and discharged the providers, owners, and creators of the Website from all liability that may arise to the extent permitted by applicable laws.
3.1 Account Creation
To fully access the Website, you must register. Registration is free and for a single user only. To register, you must complete the registration process by providing us with accurate information as prompted by the registration form. You also must choose a password and a username.
3.2 Responsibility for Account
You are responsible for maintaining the confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account or any other breach of security.
3.3 Liability for Account Misuse
We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by us or another person due to someone else using your account or password.
3.4 Use of Other Accounts
You must not use anyone else's account at any time.
3.5 Account Security
We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized third parties will never be able to defeat the Website's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
4.1 Who can use the Website?
Anyone who satisfies the eligibility requirements set out in section 2.3.
4.2 Do I have to pay to use the Website?
You must purchase digital tokens, also called "tokens", to access some of the features and services available on the Website, like sending messages to other users.
4.3 What kind of content may I post on the Website?
You may post photos and text. But there are some rules about what is acceptable, so when you are using the Website you must not post anything that:
(4.3.a) Contains expletives or language that could be considered offensive or is likely to harass, upset, intimidate, embarrass, alarm, or annoy any other person;
(4.3.b) Is obscene or otherwise may offend human dignity (including bestiality, child pornography, and incest);
(4.3.c) Is abusive, insulting, or threatening, or that promotes or encourages racism, sexism, hatred, bigotry, or physical harm of any kind against any group or individual;
(4.3.d) Requests money from, or is intended to otherwise defraud, other users of the Website;
(4.3.e) Encourages any illegal activity, including prostitution, terrorism, inciting racial hatred, or the submission of which in itself amounts to committing a criminal offense;
(4.3.f) Is defamatory, libelous, or promotes information that is false or misleading, or otherwise objectionable;
(4.3.g) Relates to commercial activities, including sales, competitions, sweepstakes, advertising, pyramid schemes, links to other websites, or premium line telephone numbers;
(4.3.h) Involves the transmission of "junk mail," "chain letters," or "spam" (or "spimming," "phishing," "trolling," or similar activities);
(4.3.i) Shows another person, which was created or distributed without that person's consent;
(4.3.j) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(4.3.k) Provides material that exploits people in a sexual, violent, or other illegal way, or solicits personal information from anyone under 18-years old or the age of majority;
(4.3.l) Provides instructional information about illegal activities, including making or buying illegal weapons or drugs; violating someone's privacy; or providing, distributing, or creating computer viruses; (4.3.m) Contains any spyware; adware; malware; ransomware; viruses; corrupt files; worm programs or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment; Trojan horse; or any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information whether from the Website or otherwise;
(4.3.n) Impersonates, or otherwise misrepresents affiliation, connection, or association with, any person;
(4.3.o) Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships, including inside, proprietary, or confidential information;
(4.3.p) Disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users can type, or otherwise negatively affects other users' ability to engage in real time exchanges;
(4.3.q) Solicits passwords or personally identifying information for commercial or unlawful purposes from other users, or distributes another person's personal information without his or her permission;
(4.3.r) Offers money or other consideration in exchange for sex;
(4.3.s) Promotes an illegal or unauthorized copy of another person's copyrighted work, including providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio, or video, or links to pirated images, audio, or video; or
(4.3.t) Itself, or the posting of which, infringes any third party's rights, including intellectual-property rights and rights of privacy and publicity.
Please use your common sense when picking the content that you choose to post or send through the Website because you are solely responsible for, and bear all liability in relation to, that content. We may investigate and take appropriate legal action against anyone who breaches this section 4.3, including removing the offending content from the Website and terminating or suspending the account of any violators.
4.4 Are there any rules about personal information like my email address?
You should not display any personal contact or banking information on your individual profile page whether about you or any other person, including names, home addresses, zip codes, telephone numbers, email addresses, URLs, and credit/debit card or other banking information. If you choose to reveal any personal information about yourself to other users, you do so at your own risk. You acknowledge that any person visiting the Website may view any content you post on the Website. You acknowledge that we are not responsible for, and cannot control, the use by others of any information you provide about yourself on or through the Website. We encourage you to use the same caution in disclosing details about yourself to people online as you would under any other circumstances.
4.5 What about other people's personal information, can I use it?
(4.5.a) No. The Website is for personal use only. You will not use the Website for any commercial endeavors, including (1) advertising or soliciting any user to buy or sell any products or services that we do not offer, or (2) soliciting others to attend parties or other social or networking functions for commercial purposes. You will not use another user's personal information unless your use matches the Website's purpose of allowing people to meet one another. You will not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. Organizations, companies, or businesses will not use the Website or its services for any purpose.
(4.5.b) We may terminate your account if you misuse other users' personal information. In addition, we may investigate and take any available legal action in response to illegal or unauthorized uses of the Website, including collecting usernames or email addresses of users by electronic or other means for sending unsolicited email and unauthorized framing of or linking to the Website. If you suspect someone is engaging in these types of activities, please email us at email@example.com.
4.6 Some of my friends want to see all the profiles I'm chatting with. Can I tell them my login details and let them log on as me? The short answer is no. Only you are authorized to access your account on the Website. You must not share your login details with anyone or let anyone else access your account as this jeopardizes the security of all the content and personal information that you have submitted to the Website. You are responsible for keeping your login details secret and secure. If you don't, we will not be liable for any unauthorized access to your account. If you suspect that someone has gained access to your account, you must let us know promptly by emailing us at firstname.lastname@example.org and telling us of your suspicions or concerns. You must also promptly change your login details. We may terminate your account if you breach our rules on keeping your login details secure.
4.7 Who can see the content that I post on the Website?
When you upload content to the Website, any other user may access or view it. If you do not want other users to see your content, you should not upload it to the Website. We may remove, edit, limit, or block access to any content that you upload or submit to the Website at any time without notice. We are not required to display your content. By using our Website, users do not acquire any right to have the accuracy of content created by users verified or to have their own use or the use of the Website by other users monitored in any way.
5.1 Do you restrict the number of messages I can send in a 24-hour period?
We do not impose any restrictions on the number of messages you can send in a 24-hour period. But we may in the future restrict the number of messages that you can send to other users in any 24-hour period to a number that we consider appropriate.
5.2 Do you conduct criminal background checks on registered users?
No. We do not conduct criminal background checks on registered users. You are solely responsible for your interactions with other users of the Website. We do not (and will not): (1) monitor the activity of our users, (2) screen or interview our users, (3) investigate the background of our users, or (4) try to verify the accuracy of statements made by our users. We are not making any warranty about the conduct of our users or those acting on their behalf. We recommend that you take reasonable precautions in all communications, meetings, or interactions with other users on the Website. We also recommend that you consider the following online dating safety tips:
Anyone who can commit identity theft can also falsify a dating profile.
There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your Internet profile or initial email messages. Stop communicating with anyone who pressures you for personal or financial information or tries in any way to trick you into revealing it.
If you choose to have a face-to-face meeting with another user, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around.
To learn more about online safety, visit Get Safe Online.
5.3 Do you monitor the Website?
(5.3.a) We partially monitor the content or conduct on the Website but, we do not and cannot monitor everything that takes place on the Website, and we rely on you to bring any abuse to our attention promptly. You acknowledge that you may be exposed to content from a variety of sources while using the Website and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights for that content. You further acknowledge that you may be exposed to content that is inaccurate, offensive, obscene, indecent, or otherwise objectionable, and you waive any rights or remedies you might have against us for this exposure.
(5.3.b) As provided by applicable laws, we will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting content or engaging in conduct in breach of these Terms. Therefore, we are not liable for any claims you might have against - including our affiliates, licensees, and service providers - resulting from any action taken by us during or because of our investigations and from any actions taken because of investigations by either us or law enforcement authorities.
5.4 Can I hold you responsible for the conduct of another user?
No. We are not responsible for the conduct of any user. We will not be liable to you for any losses or damages arising out of or relating to the conduct of you or anyone else in using the Website or the service. We also will not be liable to you for any losses or damages resulting from communications or meetings with other users or persons you meet through the Website. You acknowledge that we are not making any guarantees - either express or implied - about your ultimate compatibility with anyone on the Website.
5.5 What if I have a dispute with another user?
Feel free to let us know about the dispute by contacting us at email@example.com. If the dispute arises from breaches of section 4.3 above or section 5.6 below, we may investigate and take appropriate legal action against anyone who breaches these sections, including removing the offending content from the Website and terminating or suspending the account of any violators. If, as a result, the dispute is still not resolved or if the dispute is based on other grounds, we cannot intervene in the dispute and you have to refer to the competent law authorities. In no way we are liable for damages arising out of disputes between you and other users or third parties.
5.6 What type of activities does the Website prohibit so I do not accidentally cross the line?
We may investigate or terminate your account if you have misused the Website or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off the Website, but involve users you meet through the Website. The following is a partial list of the type of actions that you must not engage in concerning the Website or its services. You must not:
(5.6.a) Verbally abuse other users;
(5.6.b) Pretend you're someone you're not;
(5.6.c) Solicit money from any users;
(5.6.d) Upload tasteless or obscene material;
(5.6.e) Do anything illegal on the Website;
(5.6.f) Spam our users;
(5.6.g) Post photos of your children;
(5.6.h) "Stalk" or otherwise harass any person;
(5.6.i) Express or imply that we endorse any statements that you make;
(5.6.j) Ask or use users to hide the identity, source, or destination of any illegally gained money or products;
(5.6.k) Use any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website, its services, or its content;
(5.6.l) Collect usernames or email addresses of users by electronic or other means to send unsolicited email or unauthorized framing of or linking to the Website;
(5.6.m) Interfere with or disrupt the Website or the servers or networks connected to the Website;
(5.6.n) Email or otherwise send any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(5.6.o) Forge headers or otherwise manipulate identifiers to disguise the origin of any information sent to or through the Website (either directly or indirectly through use of third-party software);
(5.6.p) "Frame" or "mirror" any part of the Website without our advance written consent;
(5.6.q) Use meta tags, code, or other devices containing any reference to us or the Website (or any trademark, trade name, service mark, logo, or slogan of ours) to direct any person to any other website for any purpose;
(5.6.r) Change, adapt, sublicense, transfer, sell, reverse engineer, decipher, decompile, or otherwise disassemble any part of the Website or any software used on or for the Website, or cause others to do so; or
(5.6.s) Post, use, send, or distribute - directly or indirectly - any content or information obtained from the Website other than solely for your use of the Website in accordance with these Terms.
6.1 Once I have uploaded content on the Website, do I still own it?
(6.1.a) We do not claim any ownership rights in the content that you post on or through the Website. After making a submission to the Website, you continue to retain any ownership rights that you may have in your content, subject to the limited license described in this paragraph. By making a submission, you hereby grant us a perpetual, nonexclusive, fully-paid, royalty-free, sublicensable, transferable, worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, rent, resell, and distribute your submission through the Website, in all media now known or later created and in any other way in our sole discretion. The license you grant us is nonexclusive (meaning you are free to license your contribution to anyone else besides us); fully-paid and royalty-free (meaning that we are not required to pay you for the use of your contribution to the Website); sublicensable (so that we can use our affiliates, subcontractors, and other partners, including Internet content delivery networks and wireless carriers to provide the services); and worldwide (because the Internet and the Website are global in reach).
(6.1.b) By posting or sending content on or through the Website, you state that the following facts are accurate:
(6.1.b.i) You own or have the necessary right to use and authorize us to use all copyrights, patents, service marks, trademarks, trade secrets, and any other proprietary rights in the submission to allow inclusion and use of the submission in the way contemplated by the Website and these Terms;
(6.1.b.ii) Your submission does not infringe any intellectual property or privacy rights of any other person or threaten the personal safety of any person;
(6.1.b.iii) You are not posting any content depicting any person under 18-years old or the age of majority where you reside; and
(6.1.b.iv) You have a signed written consent or release for each identifiable person (other than you) in the submission to use their name or likeness to allow inclusion and use of the submission in the way contemplated by the Website and these Terms.
(6.1.c) We may disclose your identity or other information about you to any person who claims that any content posted or uploaded by you to the Website infringes that person's intellectual property rights, right to privacy, or any other law.
6.2 Whom does the rest of the content on the Website belong to then?
(6.2.a) The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, audio, and the design, selection, and arrangement of it) are owned by us, our licensors, or other providers of these material and are protected by Swiss and, if applicable, international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.
(6.2.b) These Terms allow you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
(6.2.b.i) Your computer may temporarily store copies of these materials in RAM incidental to your accessing and viewing these materials.
(6.2.b.ii) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(6.2.b.iii) You may print one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
(6.2.b.iv) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by our end user license agreement for those applications.
(6.2.b.v) If we provide social media features with certain content, you may take those actions as are allowed by the social media features.
(6.2.c) You must not do any of the following:
(6.2.c.i) Modify copies of any materials from the Website.
(6.2.c.ii) Use any illustrations, photos, video, or audio sequences, or any graphics separately from the accompanying text.
(6.2.c.iii) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
(6.2.c.iv) Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
(6.2.d) If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your license to access the Website will terminate and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Website or any content on the Website is transferred to you; we reserve all rights not expressly granted here.
Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
6.3 May I use any of the content that doesn't belong to me?
No. Except for what you submit to the Website, you do not have any rights to the content on the Website, and you must not use any content in any way that may infringe any other person's rights. This means that you must not copy, modify, adapt, distribute, publish, or sell any part of the Website or the content contained on it (other than content you submit) to anyone else. You must not remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.
7.1 What can I buy on the Website?
Certain features of the Website require the purchase of tokens. For example, to send messages, you need to purchase a credit bundle. All payments are one-off and non-recurring. You can purchase tokens after you register. Once you have paid for tokens, they are nonrefundable. For the purchase price of tokens and payment methods please refer to the Pricing List.
7.2 What happens if there is a billing error?
If you believe that you have been erroneously billed, you must notify us in writing of that error no later than 30 days after that billing error first appears on your billing statement. If you fail to notify us in writing of a dispute within this 30-day period, you waive any disputed charges. You must submit any billing disputes in writing to firstname.lastname@example.org and include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments.
7.3 Can I get a refund if I am not satisfied with the service?
Tokens that are purchased and not used, can be refunded within 14 days. Please fill in the following form and send it per email to email@example.com: Download the form here. In all other circumstances, if you believe exceptional circumstances exist, please email us at firstname.lastname@example.org and explain the exceptional circumstances that you believe merits a refund. We are not making any promise that we will give you a refund. If we give you a refund, we will issue the refund in the form of a credit to the credit card you used for your purchase. We will not issue refunds in the form of cash, check, or free services unless required by law.
8.1 Will I really hookup using the Website?
The Website is a digital fantasy service for adults. The profiles are provided for the entertainment of our users. It is not the intent of the Website to establish real-life contact between users of the Website. We are not making any guarantee that you will find a date, that you will meet any of our users in person, or that any given person or profile manifested on the Website is available or interested in dating or communicating with you or anyone else.
8.2 Does the Website use fictitious profiles?
Yes, we use fictitious profiles for testing behavioral/social studies and for entertainment purposes. The profiles posted on the Website are fictitious and are associated with our digital fantasy entertainment service. This digital fantasy ("DF") service is part of our efforts to stimulate conversation with users to encourage further and broader participation in all the Website's services.
(8.2.a) Initial messages from our DF service may be automatically generated with no human involvement, and third-party contractors hired or contracted by us may generate messages or correspondence from then on. The DF service is also intended to proactively monitor user activities and communications to ensure compliance with these Terms.
(8.2.b) You acknowledge that the information, text, and pictures contained in the DF service profiles do not pertain to any actual person but are included for digital entertainment purposes only. Nothing contained in any DF service profile is intended to describe or resemble any real person-living or dead. Any similarity between DF user profile descriptions and any person is purely coincidental.
(8.2.c) A single DF may be associated with more than one profile on the Website.
8.3 Is there anything else I need to know about the DF service?
(8.3.a) On one or more occasions, DF profiles may contact users through computer-generated messages to encourage further or broader participation in the Website's services or to monitor user activity. These messages may be transmitted to multiple recipients at the same time.
(8.3.b) You acknowledge that no physical meeting will ever take place between you and the individuals providing our DF service and that the exchange of messages between you and the DF is for digital entertainment purposes, as well as to encourage further or broader participation in the Website's services or to monitor user activities. We do not guarantee that you will receive a response to any message you send to a DF or any other user.
(8.3.c) Nothing contained in this section 8 will create any right to, or expectation of, interaction between users and DF profiles or the individuals creating DF profiles. You should direct any question regarding the DF service and participation on the Website to us at email@example.com.
9.1 Do you guarantee that the Website will always be up and running?
Unfortunately, we can't guarantee that because sometimes we must carry out maintenance to the Website or it may be affected by a fault or circumstance outside our control, so we provide the Website "as is" and "as available." We are not making any warranty about the quality, accuracy, functionality, availability, or performance of the Website. We may suspend, withdraw, or change the service provided on the Website without notice and without incurring any liability to you. If we withdraw our services, we will give you a refund for unused tokens by issuing the refund in the form of a credit to the credit card you used for your purchase.
9.2 What about mobile access?
(9.2.a) You are responsible for making all the necessary arrangements to make sure you can access the Website (including Internet provider and mobile Internet provider fees, and any other charges associated with that access). We will not be liable for any reduced functionality you may encounter because of or in connection with accessing the Website through mobile services or any similar service currently known or developed in the future.
(9.2.b) By accessing the Website or agreeing to receive messages or notifications from the Website through your mobile phone or any other connected media device, you acknowledge that you may incur charges from your Internet or mobile service provider. We will not be liable to you for those charges under any circumstances.
9.3 I'm not registered and I can't seem to access some content on the Website. Why is that? Nonregistered users can access only that part of the Website that is publicly available. Nonregistered users will not have a profile or the ability to upload any content. The extent of registered users' access to the Website will depend on meeting certain criteria relating to their profile or whether they have purchased tokens. We may change the criteria on one or more occasions without notice.
10.1 My profile has disappeared and I can't log in. What's going on?
Sometimes people forget about the Terms and post content or act in a way while on the Website that is not consistent with the purpose of the Website. If we think that you may be one of those people, we may at any time and without notice:
(10.1.a) Suspend or cancel your account and your right to access or use the Website or submit any content to the Website; and
(10.1.b) Make use of any operational, technological, legal, or other means available to enforce the Terms (including blocking specific IP addresses).
10.2 They say that you can have too much of a good thing… What do I do if I want to "remove" myself from the Website?
If you have registered with the Website, you can find the option to delete your account on the settings page. Your account is immediately deleted and you will receive a confirmation by email. Please consider the fact that deleting your account is permanent: matches, messages, and tokens will be lost forever.
Warning: Content that you have uploaded to the Website, other than your profile (for example messages), may still appear on the Website after you delete your account.
11.1 Someone is not obeying the Terms, whom do I tell?
You can report any abuse or complaint about content on the Website by contacting us at firstname.lastname@example.org and outlining the abuse or complaint.
11.2 Someone is infringing my copyright; how do I report it?
We respect the intellectual property rights of others and expect users of the Website to do the same. We will respond to notices of alleged copyright infringement that comply with law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(11.2.a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(11.2.b) identification of the copyrighted work claimed to have been infringed;
(11.2.c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(11.2.d) your contact information, including your address, telephone number, and an email address;
(11.2.e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(11.2.f) a statement that the information in the notification is accurate, and a document which proves that you are authorized to act on behalf of the copyright owner.
To report copyright infringement, please email us at email@example.com.
The Website may contain advertisements, promotions, or links to other websites, resources, and purchase opportunities provided by third parties. We provide these advertisements, promotions, and links to you for your information only. If you access these advertisements, promotions, or links, you may be directed to third-party websites. These third-party websites will have their own Terms and privacy policies, which may differ from ours. Our display of advertisements, promotions, or links to third-party websites does not constitute an endorsement by us of any of the third-party content, information, websites, or resources provided.
For the content and availability of third-party websites, the operators of these third-party websites are solely responsible. Please understand that we have no control over them, and we accept no liability in connection with the third-party websites, and we expressly disclaim all third-party content that may be relevant under criminal or liability law.
14.1 I forgot the rules about conduct on here and now someone is threatening to sue me. Will your lawyers sort it out?
No. If you act in a way that upsets other users, you will be responsible for the consequences. We will not be liable for your conduct or the conduct of any other user of the Website, and we will not be liable for content uploaded by you or by any other user.
14.2 My friend is a lawyer and says that you can't exclude liability for everything…
Nothing in these Terms limits or excludes our liability for:
(14.2.a) Death or personal injury caused by our proven gross negligence or willful and wanton misconduct; or
(14.2.b) Any liability that cannot be limited or excluded by law.
14.3 Okay, so what can't I sue you for?
(14.3.a.i) You acknowledge that the Website includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect our opinion. We cannot guarantee that this third-party content will be free of material you may find objectionable or otherwise. We will not be liable to you or any third party for the content or accuracy of any materials provided by any third parties.
(14.3.a.ii) You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Website for any reconstruction of any lost data. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on the Website, or on any website linked to the Website.
(14.3.a.iii) You assume all risk when using the Website, including all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. We do not make any guarantee about the conduct of our users, information provided by users, or users compatibility with you. You acknowledge that not all users are available for matching and that we may create test profiles or accounts to monitor the operation of the Website.
(14.3.a.iv) Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. We provide the Website, its content, and any services or items obtained through the Website "as is," "with all faults," and "as available," without making any warranty, either express or implied. In particular, we are not making any warranty (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that our Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations. Nor do we make any warranty about any content submitted by any user, any third party's use of the content that you submit, or that we will make available or store on the Website any content you submit.
(14.3.a.v) We are not making any warranty - whether express, implied, statutory, or otherwise - including any warranty of merchantability, title, noninfringement, privacy, security, or fitness for a particular purpose.
(14.3.b) Limit on Liability
We will not be liable to you for any of the following:
(14.3.b.i) Errors, mistakes, or inaccuracies of content;
(14.3.b.ii) Personal injury or property damage resulting from your access to and use of the Website;
(14.3.b.iii) Content (including user-generated content) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
(14.3.b.iv) Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data;
(14.3.b.v) Interruption or cessation of transmission to or from the Website;
(14.3.b.vi) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code and technologically harmful material that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
(14.3.b.vii) Incompatibility between the Website and your other services, hardware, or software;
(14.3.b.viii) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
(14.3.b.ix) Loss or damage of any kind incurred because of the use or misuse of or inability to use the Website or its content posted, emailed, sent, or otherwise made available through the Website.
(14.3.c) Exclusion of Damages; Remedy
(14.3.c.i) Unless caused by our gross negligence or our willful misconduct, we will not be liable to you for any damages (including, but not limited to, direct, indirect, special (including so-called consequential damages), statutory, punitive damages) arising out of your access or your inability to access the Website or the content, whether based on contract, tort or any other legal ground.
(14.3.c.ii) Subject to the mandatory law provisions, we also will not be liable to you for any damages, including, but not limited to (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content.
(14.3.c.iii) The exclusions set out in section 14.3(c)(i) and section 14.3(c)(ii) apply regardless of theory of liability and even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.
(14.3.c.iv) If you are dissatisfied with the Website or have any other complaint, please send us an email to firstname.lastname@example.org. We will contact you in order to satisfy your complaints. Please note that in the most cases the only remedy is to stop using the Website. Subject to the mandatory law provisions, our maximum liability to you for any claim will not extend EUR 100.-.
(14.3.d) Scope of Disclaimers, Exclusions, and Limits
The above disclaimers, exclusions, and limits apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits might not apply to you.
15.1 In General
You must pay us for any loss of ours that is caused by your
(15.1.a) access of the Website;
(15.1.b) conduct on or off the Website;
(15.1.c) breach of these terms;
(15.1.d) actual or alleged infringement or violation of rights of another person, including intellectual property and privacy rights
(15.1.e) actual or alleged violation of law; or
(15.1.f) actual or alleged negligent, intentional, or criminal conduct, including engaging in fraudulent or deceptive conduct.
But you are not required to pay if the loss was caused by our actual intentional misconduct.
(15.2.a) "Loss" means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including costs of the proceedings, fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes any damage of any nature.
(15.2.b) A loss is "caused by" an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
15.3 Our Duty to Notify
We will notify you before the 15th business day after we know or should reasonably have known of a claim for a loss that you might be obligated to pay. But our failure to timely notify you does not terminate your obligation, except if that failure prejudices your ability to mitigate losses.
15.4 Legal Defense of a Claim
We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. If we direct you to control the defense, you will not settle any litigation without our written consent if the settlement (1) imposes a penalty or limitation on us, (2) admits our fault, or (3) does not fully release us from liability. You and we will cooperate with each other in good faith on a claim.
15.5 No Exclusivity
Our rights under this section 15 do not affect other rights we might have.
The owner of the Website is located in Switzerland. Reasonable efforts have been undertaken to ensure that the Website is compliant with Swiss law. However, we are not making any statement that the Website or any of its content is accessible or appropriate outside of Switzerland. Access to, and use of, the Website and its content may not be legal by certain persons or in certain countries. Please check what is the legal situation in your jurisdiction and do not access and use the Website and its content if your jurisdiction prohibits it.
17.1 All matters arising out of or relating to the Website or these Terms are governed by the substantive laws of Switzerland - with the exclusion of its conflicts of law rules and the Vienna Convention on the International Sale of Goods, dated April 11, 1980 - subject to the exemptions provided by applicable mandatory law provisions.
The purpose of these Terms is providing services and not a “sale of goods”.
17.2 Except for disputes subject to arbitration, the following venues apply:
(17.2.a) for claims brought by you: the court at the domicile or registered office of one of the parties. If you are not resident in Switzerland, you may in addition bring a claim at your habitual place of residence.
(17.2.b) for claims brought by us: the court at your domicile.
17.3 For purposes of this section 17, the Website will be deemed solely based in Switzerland and will be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in any other jurisdiction.
18.1 In General
Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met its duties under these Terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of or relating to the Website or these Terms.
If the parties cannot settle a dispute arising out of or relating to the Website or these Terms through negotiation after 30 days, either party may and must not, by notice to the other party and the International Chamber of Commerce (ICC), demand mediation under the ICC Mediation Rules. Unless the parties agree otherwise in writing, mediation will take place in Switzerland and the language of the mediation will be English. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial meeting between the mediator and the parties.
If the parties cannot settle a dispute through mediation, the parties may settle any unresolved dispute arising out of or relating to the Website or these Terms, as an alternative to the ordinary courts, by binding arbitration administered by the ICC in accordance with the Rules of Arbitration of the International Chamber of Commerce. A single arbitrator will preside over the arbitration.
Unless the parties agree otherwise in writing, the arbitration will take place in Switzerland.
Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration.
The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award damages limited or excluded in these Terms. In accordance with section 18.6, the arbitrator's award will include the costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses.
The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these Terms without the advance written consent of both parties.
18.4 Recovery of Expenses
In any proceedings between the parties arising out of or relating to the Website or these Terms, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings. For purposes of this section 18.4, "prevailing party" means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party.
18.5 Jury Trial Waiver
If the laws of your jurisdiction provide for the right to a trial by jury, the following shall apply: Both parties hereby waive the right to a trial by jury for any claim arising out of or relating to the Website or these Terms. Either party may enforce this waiver up to and including the first day of trial.
18.6 Class Action Waiver
If the laws of your jurisdiction provide for a class action or comparable actions, the following shall apply: The parties will conduct any proceedings to resolve a dispute in any forum on an individual basis only. Neither party will try to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written of all parties to all affected arbitrations or proceedings.
18.7 Limitation on Time to File Claims
A party will not file a claim arising out of or relating to the Website or these Terms more than one year after the cause of action arose. Any claim brought after one year is barred. However, the claims in connection with the personal injury or death of a person may be brought three years after the date on which the injured party became aware of the damage.
19.1 Entire Agreement
19.2 Copy of these Terms
You may - and we recommend that you - print these Terms on your printer or save them to your computer. If you are having trouble printing a copy, please email us at email@example.com and we will email you a copy.
We may change these Terms on one or more occasions. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the "last updated" date stated at the top of these Terms. Changes will not apply to continuing disputes or to disputes arising out of or relating to events happening before the posted changes. While we will try to notify you when we make changes to these Terms, we do not assume an obligation to do so, and it is your responsibility to frequently check the Website to review the most current Terms. By continuing to use the Website after we post changes to these Terms, you agree to the revised Terms. If you do not agree to the revised Terms, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at firstname.lastname@example.org.
19.4 Assignment and Delegation
We may assign our rights or delegate any performance under these Terms without your consent. You will not assign your rights or delegate your performance under these Terms without first obtaining our advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section 19.4 is void.
19.5 No Waivers
The parties may waive any provision in these Terms only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under these Terms, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
The parties intend as follows:
(19.6.a) that if any provision of these Terms is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (19.6.b) that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of the contractual relationship between the parties, the entire agreement will be held unenforceable;
(19.6.c) that if an unenforceable provision is modified or disregarded in accordance with this section 19.6, then the rest of the agreement will remain in effect as written; and
(19.6.d) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
(19.7.a) Sending Notice to Us
You may send notice to us by email at email@example.com unless a specific email address is set out for giving notice. We will consider an email notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to us.
(19.7.b) Sending Notice to You - Electronic Notice
You consent to receiving any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.
19.8 Force Majeure
We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
(19.8.a) Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
(19.8.b) War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
(19.8.c) Fiber cuts;
(19.8.d) Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
(19.8.e) Failure of the telecommunications or information services infrastructure; and
(19.8.f) Hacking, SPAM, or any failure of a computer, server, network, or software.
19.9 No Third-Party Beneficiaries
These Terms do not, and the parties do not intend them to confer any rights or remedies on any person other than the parties to these Terms.
19.10 Successors and Assigns
These Terms bind and inure to the benefit of the parties and their respective successors and assigns. This section 19.10 does not address, directly or indirectly, whether a party may assign rights or delegate obligations under these Terms. Section 19.4 addresses these matters.
19.11 Communications and Test Profiles
(19.11.c) Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.
19.12 Electronic Communications Not Private
We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send through the Website regardless of whether they are intended recipients.
You agree to this section 19.12 by using the Website. If you do not agree please stop any electronic communications.
19.13 No Reliance
You acknowledge that in agreeing to these Terms, you do not rely and have not relied on any statement by us or our agents, except those statements contained in these Terms.
19.14 Electronic Signatures
Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in these Terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
19.16 English language
We have drafted these Terms in the English language. We assume that you can read and understand the English language. We are not liable to you or any other person for any costs or expenses incurred to translate these Terms into another language. The English language version controls over any translated version.
These Terms' provisions that by their nature should survive termination will survive termination, including ownership provisions, disclaimers, and limitations of liability. Termination of your access to the Website will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to us or any third party.
19.18 Your Comments and Concerns
If you have any questions or comments about these Terms, the Website, or the service, you may contact us by email at firstname.lastname@example.org.
19.19 Contact Information
Exploited by Mountain Top Digital A.G.
Chamber of Commerce: CH-170.3.043.854-7
19.20 Copyrights and Trademarks
The Website located at wildflings.com is a copyrighted work belonging to Mountain Top Digital A.G.. The trademarks, logos or copyrighted materials displayed on the Website are the property of Mountain Top Digital A.G. and/or other parties. Users are prohibited from using any trademark, logo or copyrighted material for any purpose without the prior written consent of Mountain Top Digital A.G. or such third party which may own the trademarks, logos or copyrighted materials. Users are prohibited from copying, reproducing, modifying, distributing, transmitting, displaying, publishing, selling, licensing, transferring, creating derivative works or using any information obtained on or through the Website for any commercial or public use.
In these Terms, the following usages apply:
(19.21.a) Actions permitted under these Terms may be taken at any time and on one or more occasions in the actor's sole discretion.
(19.21.b) References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
(19.21.c) References to numbered sections in these Terms also refer to all included sections. For example, references to section 6 also refer to 6.1, 6.1(a), etc.
(19.21.d) References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
(19.21.e) "A or B" means "A or B or both." "A, B, or C" means "one or more of A, B, and C." The same construction applies to longer strings.
(19.21.f) "Including" means "including, but not limited to."