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General Terms and Conditions


Scope of Application
1.1.Yepnep is a dating service.

1.2.The present General Terms and Conditions govern the contractual relationship between Yepnep AG (hereafter "Yepnep") and the members of the dating portal.

1.3.These sole General Terms and Conditions apply to all members of Yepnep, regardless of their place of access or place of use of the service.

1.4.By registering for the services provided by Yepnep, members affirm that they have read and understood, and are in agreement with, the terms and conditions of this agreement.

1.5.Yepnep services are offered solely for private and non-commercial purposes. By registering, members agree to use the services for private purposes only.


Registration
2.1.Access and use of Yepnep is reserved for natural persons who have reached the minimum age of 18 years.

2.2.By registering with Yepnep, a proposal for usage of the dating portal is submitted.

2.3.Once Yepnep activates the profile, the proposal is accepted and the contract is concluded; the registered individual becomes a member.

2.4.Members agree to provide only particulars and information that are accurate and true.

2.5.Every member shall add a photograph to his or her profile at the time of registration. The photograph must be of good quality. Photographs of a quality deemed not sufficient by Yepnep may be rejected.

2.6.Yepnep reserves the right to bar access to any member who uses the Yepnep system in an illegal way, especially in case of any violation of the obligations herein mentioned.

2.7.The creation of a new nickname after expiration of the free trial period is prohibited and will result in the immediate removal of any access.


Access
3.1.Yepnep offers its members access to the central Yepnep database, which is available through various ways and interfaces – on the one hand through several domains, owned by Yepnep, and on the other hand through the web pages of cooperating partners who incorporate the services and central database of Yepnep.


Dating Process
4.1.Yepnep offers its members access to the Yepnep database where members can meet for the purpose of dating. Member profiles are basically not accessible for other members. Registered members can in principle only view the photographs of other members.

4.2.Members decide whether they are interested in a meeting (which is called a “date”) with another member, based on their photograph. Members confirm their interest by expressing a Yes ("Yep") or a No ("Nep").

4.3.Only if two members evaluate each other with Yes ("Yep"), will access to the profile of the other member be granted. This process is called “matching”.

4.4.When access to the profile of another member is granted, those members are thereafter able to exchange information through the exchange of electronic messages.


Member Obligations
5.1.Each member asserts that he or she is the owner of all content used by him or her and that such content is not subject to any right owned by third parties.

5.2.Each member has the duty to treat confidentially e-mails and other information or data gained from other members by using the Yepnep database, and to refrain from revealing any of it to third parties.

5.3.Furthermore, each member agrees to abstain from any misuse of the service offered by Yepnep, and especially

- not to use it to disperse defaming, objectionable, pornographic or in other ways immoral or illegal materials or information;

- not to send e-mails to members for any other purpose than personal communication, especially not offering goods or services to other members;

- not to state any names, addresses, phone numbers, fax numbers, but especially no e-mail addresses and URLs in their member profile.

5.4.In the course of the service platform’s usage, any member who manifests harmful intentions, wrongful conduct or aims at financial enrichment, will be identified electronically and his or her access will be permanently deleted.

5.5.It should be noted that photographs which depict landscapes, drawings, as well as pictures which have been edited and show celebrities or more than one person will not be accepted. Photographs of an erotic, obscene, violent or subversive nature, as well as photographs with political content, and photographs contravening applicable Swiss law, will be rejected and result in removal of the respective member’s access.


Charges
6.1.Membership is free of charge and non-binding during the trial period.

6.2.After the expiration of the trial period, members who wish to make further use of the services shall buy a subscription which is subject to a fee. Subscription fees and payment terms are described on the website.

6.3.In case of cancellation of member access due to contract violation, existing subscription credits will be retained by Yepnep as a service charge to prevent such contract violations.


Cancellation and Extension of Subscriptions
7.1.Any member may unsubscribe at any time without giving reasons.

7.2.The contract is automatically extended if notice to cancel is not given within three (3) days of the expiration of the subscription period.

7.3.There is no right to reimbursement or compensation in case of a membership cancellation during the paid subscription period.

7.4.Yepnep reserves the right to cancel the subscription of a member if he or she does not respect the present General Terms and Conditions or if he or she contravenes applicable Swiss law. In such a case, reimbursement or compensation is not possible.


Data Protection
8.1.In the context of the delivery of services described in the present contract, personal data is collected, stored, processed, and used. Personal data is defined as data which contains information about personal and factual circumstances of a certain member.

8.2.Members agree that all data contained in their profile, including nickname, interests, photo, age, zip code, etc., may be viewed by other members, if a matching occurs between them.

8.3.Yepnep guarantees absolute confidentiality for all personal data which it receives. Exchanged dialogue content also remains confidential. Photographs of members shall only be viewed within the protected Yepnep area.

8.4.Photographs of members may be displayed outside the protected area if explicitly requested by such members. This shall be validated by such members in their preference settings. Members who decide to take this step also agree to the publication of their photographs on web pages of Yepnep cooperation partners and in Yepnep advertising materials, with the view to enhance interest for its persons.

8.5.Yepnep states explicitly that, by today’s technical standards, there can be no complete data protection in open networks like the Internet. In this regard, members themselves are responsible for the protection of data transmitted by them over the Internet.


Monitoring
9.1.Yepnep has the right, but is not obliged to check the content of profiles and photos displayed for conformity with the law and the General Terms and Conditions, and to change or delete respective content.


Liability
10.1.Yepnep has no control over the veracity and safety of information which is being exchanged between members or which is contained in members’ profiles. Thus, Yepnep can not assume any responsibility for such information. Any liability regarding such information is excluded.

10.2.Yepnep disclaims liability of Yepnep for improper or illegal use of its systems. In addition, Yepnep is not liable for the veracity of any member profile placed on its platform.

10.3.Liability of Yepnep for slight negligence while rendering and performing services is excluded. Yepnep is especially not liable for disturbances in the quality of service access due to force majeure or due to events beyond the control of Yepnep, especially the failure of communication networks.

10.4.Yepnep is not liable for damages caused by third parties which are designated by Yepnep in the performance of its obligations.


Indemnification
11.1.Members herewith agree to indemnify, defend and hold Yepnep harmless from and against all liabilities, obligations, expenditures, and claims for damages due to defamation, libel, infringements on personal rights through other members, service interruptions for members, and infringements on intellectual property rights as well as other rights arising through other members. Furthermore, members agree to indemnify, defend and hold Yepnep harmless from and against all liabilities, obligations, expenditures, and claims for damages due to the violation of the present General Terms and Conditions.


Amendment of Terms and Conditions
12.1.Yepnep reserves the right to amend the present General Terms and Conditions (GTCs) at any time. Amended GTCs will be sent to members by e-mail no later than seven (7) days before they take effect. Amended GTCs are deemed accepted if they are not objected to within seven (7) days after receipt of such e-mail.

12.2.If any provision of these GTCs shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Insofar as these GTCs do not contain regulations, the Swiss Code of Obligations shall apply.


Governing Law and Place of Jurisdiction
13.1.The legal relationship between Yepnep and its members is governed solely by Swiss Law and shall not be subject to any other jurisdiction.

13.2.The place of jurisdiction is Zug. Yepnep is entitled to enforce its rights against any member before any other competent court.

 Yepnep, Zug, September 1st, 2007
 

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