Welcome to #Dating (“#Dating”). The #Dating website is provided to you by Yalwa GmbH (« Yalwa »), located at Bahnstraße 2, 65205 Wiesbaden, Germany. By accessing #Dating, you agree to the provisions outlined in this legally binding Terms of Use (« TOU ») agreement. This policy is effective as of May 01, 2020.

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1. SCOPE OF AGREEMENT
   The usage of #Dating is bound by the TOU set by Yalwa. Failure to comply with any of the stipulated terms in this agreement may result in the suspension or termination of your account, and in some instances legal actions if required.
2. OBJECT OF AGREEMENT, RIGHTS OF THIRD PARTIES
   
   1. #Dating is an online platform where users can set up a dating profile, browse and view other profiles, as well as interact with other people.
      
      Users are solely held responsible for the content they submit on #Dating, as well as any consequences that arise from doing so.
   2. Yalwa is not involved in any transaction, contract and/or arrangement that might occur between and among users and third parties. The conclusion of such transactions, contracts and/or arrangements remain the business of the users and the third party.
3. USER INFORMATION AND REGISTRATION, PURPOSE OF ADVERTISEMENT(S)
   1. The usage of Yalwa’s services is essentially available for everyone. A user registers on #Dating by filling out the provided online registration form, and by doing so swears that the information provided is accurate and true. The registration progress is complete when the account becomes active. The user is obligated to promptly inform Yalwa of any changes to their account information.
   2. The user may resign from this agreement at any time. Sending an email to the Customer Support Team through the contact form should suffice. Yalwa reserves the right to a grace period of 14 days before terminating the agreement.
      Blocking an account remains the right of Yalwa, as stated in clause 4.4.
   3. Yalwa reserves the right to remove a user’s profile and/or its content under certain circumstances. This applies when the content submitted goes against this agreement, violates laws and local authority regulations, contravenes good intentions, morals and customs or when Yalwa is used for unsuitable purposes.
   4. Yalwa reserves the right to delete the accounts of non-registered users as well as registered users whose account(s) has/have been inactive for the past 6 months.
   5. Please note that by posting, uploading or sending content on #Dating you represent and warrant to us that you have the right to do so and automatically grant to us a non-exclusive, royalty-free, perpetual, worldwide licence to use such content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such content, whether in whole or in part and in any format or medium currently known or developed in the future).
      
      We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.
4. ACCOUNTABILITY FOR CONTENT AND TRUTHFULLY-SWORN STATEMENTS/INFORMATION
   1. The user is legally and solely responsible for the content submitted to #Dating. The user is obliged to provide complete, true and certified correct information about their person, contact details. The user is obliged to comply with the #Dating TOU and is expected to adhere to these terms when interacting with other #Dating users. The creation of duplicated or multiple profiles on the website is prohibited.
   2. The user is not allowed to post content on the #Dating website that breaches this agreement, applicable rights and/or third-party rights.
      
      Prohibitions for #Dating user include :
      
      • Violating the law or going against our photo, live stream and user name guidelines (refer to 5)
      • Using #Dating for commercial purposes, advertising prostitution or any kind of services
      • Violating the rights of a third party
      • Spamming and posting chain letters
      • Using virus(es) and other technical items that may cause damage to #Dating or the interest of the users of #Dating
      • Causing excessive burden on the #Dating infrastructure and the smooth running operations of the #Dating website
      • Copying, duplicating, modifying or distributing the content of other profiles
      • Collecting information from other users such as email addresses from the site itself, or from other users without the approval of the user
      • Bypassing measures that serve to limit and/or prevent access to #Dating
      • Sexual exploitation or abuse of persons
      • Content that is abusive, libelous, defamatory, that depicts, promotes or incites violence, bullying, terrorism, dangerous activities or products, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity or sexual orientation or is otherwise objectionable in Yalwa’s reasonable discretion.
   3. Yalwa believes that two consenting adults are free to act as they wish, so long as they abide by the law.
      
      Yalwa does not abide sexual abuse or exploitation in any form or sense whatsoever. Please be aware that Yalwa answers requests from third parties, including law enforcement, where required and Yalwa will share information with relevant third parties if, in our view, there is evidence that may be relevant to an investigation.
   4. Yalwa has the right to block, delete or freeze profiles, messages or images that are deemed to contain prohibited content, that do not follow the photo, live stream and user name guidelines (refer to 5) or the Terms of Use. Yalwa also has the right to warn the user and freeze their account for a certain period of time or permanently and to resign from the agreement/contract. In this process Yalwa gives due respect to the legitimate interest of the user. Users’ claims, e.g. for reimbursement for already paid items/services will not be honoured when our prohibited content policies, guidelines or Terms of Use are breached.
5. PHOTO, LIVE STREAM AND USER NAME GUIDELINES
   
   • Please use at least one photo of yourself and if you are streaming live, make sure that your face is visible. #Dating is all about having real fun with real people
   • No nudity, sexually explicit content or pornographic material
   • In live streams : No minors. In profile photos : No minors on their own. We understand that you are proud of your little ones but please be make sure you are in the photo as well and be mindful about posting photos with kids. We have a zero-tolerance policy against photos that include an unaccompanied or partially-clothed minor, or depict a minor in a suggestive or sexual way. Learn more here.
   • No guns or weapons
   • No drugs (including marijuana) or dangerous controlled substances
   • No political slogans, statements or political symbols
   • No personal contact information in photos, live streams or user names
   • No watermarks or text overlays including contact information
   • No content that shows other people without their permission
   • No live streaming while driving any sort of vehicle (including bikes)
   • No content that is abusive, libelous, defamatory, that depicts, promotes or incites violence, bullying, terrorism, dangerous activities or products, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity or sexual orientation or is otherwise objectionable in Yalwa’s reasonable discretion
6. USING #DATING
   By accessing #Dating, you confirm that :
   
   • You are at least 18 years old
   • You will only use the #Dating website for legal purposes
   • You are accessing the #Dating website from a country or state where it is not illegal to enter adult websites
   • You will not permit or allow any minor, or other person for whom it is illegal, to access this part of the #Dating site
   • You have read the Terms of Use and the Privacy Policy
   • You recognise that #Dating uses cookies and you permit them to be stored on your computer
7. USING #DATING LIVE
   “Live” is a video streaming feature that allows users to meet and interact with each other in real-time. Registered users can create a public live stream in which any number of other registered users can watch, like and publicly comment. Users who create their own live streams are hereinafter referred to as “Streamers”. Users who watch live streams of other users are hereinafter referred to as “Viewers”.
   
   • The user provides #Dating with personal data when using Live and allows to share the data necessary for using Live with #Dating, including personal data the user provided, which #Dating may use as described in #Dating’s Privacy Policy for the purposes set forth therein.
   • The user (Streamer and Viewer) agrees to comply with these Terms and to not post any type of content that goes against clauses 4.2 and 5.
   • If the user uses Live as a Streamer, the Streamer is required to take all reasonable measures during their live stream to ensure that their Viewers comply with these Terms and especially with clauses 4.2 and 5. The Streamer will remove users who repeatedly or significantly violate these Terms from the live stream and inform #Dating.
   • As far as the user becomes aware of any content violating these Terms, the user must inform #Dating without delay.
8. PAYMENT TERMS
   
   1. USING #DATING PAID FEATURES
      
      1. All #Dating paid feature purchases shall be generally non-refundable and all refund decisions are at Yalwa’s discretion.
      2. #Dating users may purchase paid features for their account. There will be no refunds or credits for partially used features or periods. Should the user choose to delete the account before the purchased time frame has lapsed or the purchased feature has been fully used, this revokes the right of the user to retain or reuse the rest of the “unused” purchased time and/or features. Yalwa does not reimburse the user for any portion of a discounted paid feature/service. If an account is deleted before the duration of the paid feature has expired or the paid feature has been fully used, no refund will be granted.
      3. Yalwa reserves the right to change/modify the conditions associated with #Dating paid features without prior notice.
   2. SUBSCRIPTIONS AND AUTO-RENEWAL
      #Dating may offer paid features as automatically renewing subscriptions :
      
      1. If the user purchases an automatically renewing subscription, the subscription will renew at the end of the period according to the originally selected duration at #Dating’s then-current price for such subscriptions, unless the user cancels.
      2. To avoid charges for a new subscription period, the user must cancel (refer to 8.2.3) before the end of the then-current subscription period.
         
         • Deactivating the account does not cancel the subscription.
         • If you purchased a subscription through the Apple App Store or the Google Play Store using the app : Deleting the account or deleting the application does not cancel the subscription.
         • If the status of the account changes due to the user failing to comply with our prohibited content policies, guidelines or Terms of Use, existing automatically-renewing subscriptions will remain active unless the user cancels (refer to 8.2.3).
         • Yalwa reserves the right to change/modify the fees for services associated with paid features without prior notice. If #Dating changes these prices and the user does not cancel the subscription, the user agrees to being charged at #Dating’s then-current pricing for the subscription.
      3. Cancelling a subscription : If you purchased a subscription directly from #Dating, you may cancel or change your subscription via the « Your subscription » section in your profile settings. If the subscription was purchased through a third-party store, such as the Apple App Store or the Google Play Store, the user will have to access their account with that third-party store and follow instructions to change or cancel the subscription. After cancelling, the subscription may be used until the end of the last period the user paid for but then :
         
         • The user won’t be eligible for a prorated refund.
         • The subscription won’t be renewed when that period expires and, therefore, the user then will no longer be able to use the paid features or in-app purchases enabled by the cancelled subscription.
      4. Promotions and free trials :
         
         • Promotions such as free added months to the duration by purchasing within a particular period of time, are not carried over upon automatic renewal.
         • If the user signs up for a subscription that includes a free trial and does not cancel, the trial may convert into a paid subscription and the payment method will be charged at the then-current price for such subscription. Once the free trial converts to a paid subscription, the paid subscription will continue to automatically renew at the end of each period, and the payment method will be charged, until the user cancels. To avoid charges for a new subscription period, the user must cancel before the end of the then-current subscription period or free trial period (refer to 8.2.3).
         • Deleting/deactivating the account or deleting the application from the device does not cancel the free trial.
         • If the user has signed up for a free trial on #Dating through the Apple Store or Google Play Store previously, the same user will not be eligible for another free trial and the user will then be automatically signed up to a subscription and charged as described in this paragraph.
   3. DUES/FEES
      
      1. The usage of the #Dating website is essentially free of charge. However, Yalwa reserves the right to charge fees for special services and site features.
      2. All fees shall be reflected and charged in the respective currency for each country. Yalwa reserves the right to charge in other currencies for technical reasons.
      3. Each and every fee shall be due for immediate payment and shall be paid for/settled using the different methods of payment offered on the website. Costs that may arise from aborting the payment collection shall be shouldered by the user and not Yalwa.
      4. In the event of delayed payments for these services, Yalwa reserves the right to suspend the execution of the said service(s) and restrict the access of the user until the amount due has been paid.
      5. Yalwa reserves the right to change/modify the fees for services associated with paid features on the website without prior notice.
9. INDEMNIFICATION/EXEMPTIONS
   You agree to indemnify and hold Yalwa, its parent or subsidiary companies and their affiliates, their respective directors, officers, employees and agents from any and all liabilities, claims and expenses, including reasonable legal fees, arising from breach of the Terms of Use, any other policy, your use or access of #Dating or any Internet site linked to or from Yalwa, or in connection with the transmission of any Content on #Dating.
   You agree that questions and complaints received are your exclusive responsibility and you shall indemnify Yalwa.
10. MODIFICATION OF CONTENT
    
    1. The #Dating user may at any time modify or delete their profile.
    2. The #Dating user has the right to demand the removal or deletion of the user’s own profile from the website. Yalwa shall be ready to comply with this request immediately. However due to technical reasons, this usually takes a period of up to 24 hours.
11. DATA PROTECTION
    Under law you have the right to access, modify, rectify and delete data concerning you. If you wish to remove yourself completely from #Dating please contact us through the contact form
12. LIABILITY LIMITATIONS
    
    1. The user agrees not to hold Yalwa responsible for things other users post or do. As most of the content on #Dating comes from other users, Yalwa does not guarantee the accuracy of the profile information, user communications or the quality, safety, or legality of what’s offered. Continuous or secure access to Yalwa’s services cannot be guaranteed. To the extent legally permitted Yalwa expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. Yalwa is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from the usage of the #Dating website, even if Yalwa has been advised or could have reasonably foreseen the possibility of any such damage occurring.
       Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to the user.
    2. Despite the previous paragraph, if Yalwa is found to be liable, the liability to the user or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees the user paid to Yalwa in the 12 months prior to the action giving rise to liability, or (b) 100 Euros.
    3. The user is responsible for securing their own means of payment from unauthorized use by a third party.
13. MISCELLANEOUS
    
    1. The transfer of rights and obligations of #Dating users to third parties requires the approval of Yalwa.
    2. The disclosure of login details and passwords to third parties, including #Dating users, is prohibited.
    3. If the customer/user is a merchant or a legal entity of public law or constitutes special funding under public law, the place of
       jurisdiction is agreed upon to be in Wiesbaden, Germany.
    4. Yalwa may update the Terms from time to time so please review the relevant pages regularly. Should you object to any term or condition, guideline, or subsequent changes made to the platform, then we recommend the immediate disuse of #Dating.
    5. The legal relationship between Yalwa and the #Dating user is subject to the rights of the Federal Republic of Germany to the/with the exclusion of the UN consumer rights (CISG) and conflicts to the provisions of German rights.
       
       

Questions, remarks and complaints may be sent to us through our contact form.