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“I hereby agree that GDN collects my personal data and processes and uses it for the purpose of establishing and executing the contractual
relationship with GDN, which includes that
GDN is providing personal data which I have submitted to GDN by filling in the form on the website to other members of GDN for the purpose of
establishing contact with me;
GDN is evaluating personal data submitted by myself, submitted by other members and personal data on my use of the GDN website in order (i) to
determine which member’s profile shall be provided to me in case I should search the GDN database for a contact (ii) to determine to which member my
profile shall be provided in case other member should search the GDN database; and (iii) to improve the service of the website; and
GDN is - as far as necessary and only in case of actual indications which will to be documented by GDN - collecting, processing and using my personal
data in order to identify and prevent (i) the provision of illegal data, offensive data and/or data breaching the usage restrictions according to the
General Terms and Conditions of GDN or (ii) the display of such data on the GDN website, whereas such collection, processing and use includes the use
of cookies.
I am aware that GDN stores my personal data according to Section 33 German Federal Data Protection Act.
I expressly agree that my personal data is transferred to members of GDN outside the territory of the European Union or European Economic Area, which
might be governed by data protection laws that are not comparable to the German data protection law, including but not limited to the transfer to members
in the United States of America.”
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General Terms and Conditions for the Use of the Website Global-Dinner-Networks.com |
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Welcome to the Global-Dinner-Networks.com website (in the following the "Website"). Any use of the Website including all sub domains of the website is subject
to the General Terms and Conditions as laid down below (in the following the "Agreement"). By registering as a Member you enter into an agreement with
Dr. Tanja Lindermeier, Hedwigstr.1, 33332 Gütersloh, Germany (in the following “GDN”) and agree to be bound by this Agreement.
GDN reserves the right to change these General Terms and Conditions as far as the change is reasonable for the Member under consideration of the interests of GDN.
This is especially the case if changes have no negative economic impact for the Member, e.g. in cases of changes of modified or new services or functionalities.
GDN will inform the Member via e-mail on the changes of the General Terms and Conditions and indicate therein that changes will be deemed to be accepted if she
is not objecting within four weeks of the receipt of the e-mail.
1. Subject of the Agreement
a) GDN offers exclusively female users of 18 years or older which have registered on its website (in following “Members”) a platform for the purpose of
establishing contacts with other Members. The Website is exclusively for the use of individual Members only and may only be used for personal endeavours.
Organizations, companies, and/or businesses may not become Members.
b) The platform may be used for the above mentioned purpose only. Any exceeding use is subject to the prior written approval of GDN. The use of the Website
for marketing purposes is expressly prohibited.
c) The Member can register on the Website with GDN for two different services:
GDN Network: The registration for the GDN Network allows for the term of the registration the search of GDN’s database for nickname, age, city and country of
other members and from time to time other data at the discretion of GDN except for the data of the GDN Business Network (see below).
GDN Business Network: The registration for the GDN Business Network allows for the term of the registration the use of the services of the GDN Network and the
search of GDN’s database for the following information provided by other members: job title, industry the member works in, discipline in which the member works,
company the member works for, qualifications and photo of the member.
The Website will not display other data than the data searched for. Personal contact details will not be revealed by GDN. The contact of the Members takes only
place via the Website unless the Members have themselves chosen differently.
d)The registration for the services described above must be effected on the Website as follows whereas GDN is not obliged to accept a registration of a user:
GDN Network: By clicking on the first form of the registration form (named “your details”) on the button “save changes” and by the reply of the Website that
“your profile was updated successfully”, the Member and GDN enter into a contract on the use of the GDN Network service of Website as described above. By submitting
additional information on the second to fourth form of the registration form, the parties agree that this information may be used by GDN according to the terms of
this Agreement.
GDN Business Network: By clicking on the fifth form of the registration form (named “networker”) on the button “save changes” and by the reply of the Website
that “your profile was updated successfully”, the Member and GDN enter into a contract on the use of the GDN Business Network service of Website as described
above and subject to the payment of a subscription fee as described in Section 4 below.
e)During the registration the Member chooses a password at her own discretion. She is obliged to keep this password strictly private and confidential and must not
pass it on or share it with third parties.
f)GDN reserves the right to change, extend, reduce or seize the services of the platform in respect of its content, design, configuration or scope.
In case of a change, reduction or seizure of the platform GDN will reimburse the Member for paid subscription fees to the extent this change, reduction or seizure
affects the service of the GDN Business Network negatively. Alternatively the Member shall be entitled to terminate the Agreement for cause.
g)GDN warrants a 95 % availability of the Website per week. The time during which the Website or parts of it are not available for maintenance, security or capacity
reasons is at the sole discretion of GDN, however the maintenance shall be effected at times of presumably relatively low use.
h)In case of a justified interest GDN may at any time deactivate the accounts of Members and/or remove the content provided by them from the Website. In particular
it is regarded as a justified interest if the Member has submitted content that is offensive, illegal, or might violate the rights, harm, or threaten the safety of
other Members. The provision of wrong information or maintaining of such information, especially the registration of male Members, also constitutes a justified
interest in the meaning above.
i)GDN enables Members to contact each other. GDN has the right but not the obligation to monitor or review the communication between the Members. GDN in so far has
no influence on its content.
j)GDN does not warrant the authentification of the Members, i.e. GDN does not warrant that the Member is actually the person she claims to be. Therefore any Member has
to ensure at her own means on the identity of the other Member.
2. Member’s Obligations and Guarantees
a) The member is obliged:
to submit exclusively information in its profile and communication with other Members which are true;
to treat other Members she has contacted via the website respectfully;
not to submit any illegal information or information that breaches the rights of third parties;
use the information received from or via GDN only for own personal and internal purposes, especially not to forward process or allow access for any third party;
not to use any mechanism, software or other scripts in respect of the use of the Website which modify or copy the Website or parts of it other than within the regular
use of the Website.
b)The Member is completely and solidly responsible for all information she submits to GDN for publication on the Website and/or submission to other Members including its
own profile. The Member expressly acknowledges that the profile submitted to GDN will be provided to other Members within the operation of the Website.
c)The Member guarantees that the profile she submits is correct and conforms with reality. She undertakes to inform GDN without delay on changes of her contact details to
the details she has submitted at the time of registration.
3. Term
a)GDN Network: The Agreement on the services of the GDN Network will remain in full force and effect from the registration for the GDN Network according to
Section 1 d) above and until its termination according to Section 6 below.
b)GDN Business Network: The Agreement on the services of the GDN Business Network will remain in full force and effect from the registration for the
GDN Business Network according to Section 1 d) above and shall expire after the sign-up period as agreed on the fifth from of the registration form.
4. Copyright
The Website contains copyright protected material, trademarks, and other proprietary information of GDN. Except for that information which is in the public domain
or for which the Member has been given written permission, the Member may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary
information.
5. Prices
a)The use of the GDN Network is free of charge.
b)The use of the GDN Business Network as described in Section 1 c) above is subject to a subscription fee. The amount of the subscription fee is stipulated on the fifth
from of the registration form. The subscription fee is due with registration of the Member and payable by credit card only.
v)All costs due to the failure of the payment are to be born by the Member.
6. Termination
a)Both parties have the right to terminate the services under the GDN Network for convenience (“ordentliche Kündigung”) with immediate effect at any time or as of
the date specified in the notice of termination, except for the case that the Member has registered for the GDN Business Network in which case the service of the
GDN Network is terminated with effect as of the date of the end of the sign-up period for the GDN Business Network at earliest.
b)Each party may terminate this Agreement, with immediate effect or as of the date specified in the notice of termination for cause (“außerordentliche Kündigung”).
Such cause shall be assumed if the other party commits a material breach of this Agreement, especially if the Member uses offensive, illegal information, violates
the rights, harms, or threatens the safety of other Members or has registered with a false identity, especially if the registrar is male.
c)The termination must be effected in writing or by e-mail and must state the GDN nickname, first name and surname of the Member. Any e-mail termination notice of
the Member must be addressed to termination@Global-Dinner-Network.com whereas GDN’s e-mail termination notice is effective upon delivery to the email address the Member
has provided in her registration or such other email address as the member may later has provided to GDN.
d)In case of termination due to a material breach of the Member GDN does not refund unused subscription fees to the Member.
7. Liability
a)GDN is liable to pay damages irrespective for its legal cause according to the following provisions: GDN is liable without limitation of the amount for damages
that have been caused by GDN or one of its assistants (“Erfüllungsgehilfen”) or legal representatives by wilful intent or gross negligence. Damages from the violation
of life, body or health are also in case of simple negligence of GDN or one of its assistants (“Erfüllungsgehilfen”) or legal representatives unlimited in respect of
the amount.
b)GDN is liable without limitation of the amount for damages that result from a severe default by the breaching party in respect of its organisation obligations, as well
as for damages that are caused by the lack of a guaranteed specification.
c)If no case mentioned above is applicable GDN is liable for the breach of material or cardinal contractual obligations only to the amount of damages that could have been
typically foreseen in such contract; any other liability is excluded, especially the liability without default.
d)Nothing in para b) above limits the liability according to the German Product Liability Act.
e)If the damage can be traced back to a default of GDN and the Member, the Member must credits its contributory negligence to its claims.
8. Miscellaneous
a)Any waiver or modification whether partly or wholly of any of the terms or conditions of this Agreement shall be valid only if in writing and signed by or on behalf
of authorized representatives of both parties.
The same applies to the waiver of the written form requirement.
b)This Agreement constitutes the entire agreement between the parties as to its subject matter; and in relation to that subject matter supersedes any prior warranties,
indemnities, undertakings, conditions, understanding, commitments or agreements between the parties, whether oral, electronic or written.
c)The Member may not assign any or all of its rights and/or obligations under this Agreement without prior written or electronic consent of GDN.
d)The courts of the City of Bonn, Germany shall be exclusively competent for any claim arising out of or relating to this contract.
e)The provisions of this Agreement and the legal relationship between the parties are subject to German law. The application of the United Nations Convention for the
International Sale of goods (CISG) and the rules on the conflicts of laws are hereby excluded.
Date: April 30, 2004
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Meeting Point
