General Terms and Conditions
of Sunset Connect S.L. for the planet-randy.com services (version dated 1 October 2016)
Scope and Definitions
(1) Sunset Connect S.L., hereinafter also referred to as “the Company,” provides an online communication platform with associated services at planet-randy.com, hereinafter referred to as the “Chat.” These General Terms and Conditions apply to every participant in the Chat and to all subdomains belonging to the aforementioned domain, even where the services are used or accessed from outside the Republic of Austria. By registering or subsequently logging in as a participant, the participant accepts these General Terms and Conditions, which thereby become part of the user agreement. The user agreement is concluded when the Company confirms the participant’s registration.
(2) For the purposes of these General Terms and Conditions, a participant is any person who uses the Chat referred to in paragraph 1, particularly the communication and other services offered through it. The Company expressly points out that controllers employed by the Company operate within the Chat and participate under multiple identities, particularly by conducting conversations with other participants. These controllers are not expressly identified or recognisable as controllers but operate through fictitious accounts or profiles within the Chat. It is therefore possible that an externally registered participant may communicate with a controller working for the Company without that controller revealing their role. The use of controllers employed by the Company is intended, in particular, to ensure opportunities for communication where there may temporarily be an insufficient number of other external participants and to monitor compliance with participants’ obligations.
(3) The Company reserves the right to amend these General Terms and Conditions, particularly where updates are required. Participants may view the currently applicable version of the General Terms and Conditions on the website at any time. Participants will not receive individual notification of any changes. Each participant is therefore responsible for reviewing the current General Terms and Conditions before using the Chat. Following an amendment, participants may log in only after confirming their acceptance of the amended General Terms and Conditions. Continued use of the Chat by logging in after an amendment constitutes the participant’s consent to the amended General Terms and Conditions.
Access
(1) The Chat may be used only after registration as a participant. The participant agrees to complete the registration form fully and truthfully. If any information provided during registration changes, the participant must update it without delay and notify the Company of the changes. Following successful registration, the participant’s chosen pseudonym and password will be confirmed, provided there are no grounds preventing this, particularly where the pseudonym is prohibited or has already been assigned. A pseudonym containing offensive or insulting content may not be registered. The participant must keep their access details confidential and, in particular, prevent unauthorised use by third parties. The communication and other services offered through the Chat may be used solely for the participant’s personal purposes. Participant status is personal and may not be transferred.
(2) Registration as a participant is free of charge. Each participant may maintain only one pseudonym at any given time and may use the communication and other services of the Chat only through that account. As an exception, the Company’s controllers, as referred to in Section 1(2), may participate in the Chat simultaneously using multiple pseudonyms or profiles. There is no obligation to participate in the Chat after registration. However, the Company is entitled to delete an account and its contents, including access details and the pseudonym, if the account has not been used for more than 180 days and has no remaining credit balance. The participant will be informed of the intended deletion at least one week in advance by email sent to the most recently provided email address. The account will be deleted if the stated conditions are met and the participant does not log in again within that period. Following deletion, the pseudonym will become available for registration again. When the profile is deleted, all data records stored by the participant will also be deleted, unless retention is legally required or appears necessary for the preservation of evidence based on legitimate interests. The contractual relationship ends when the participant’s account is deleted.
(3) The participant may use the Chat only if they are at least 18 years old. By registering for the Chat and accepting these General Terms and Conditions, the participant guarantees that they meet this requirement. The Company expressly points out that some Chat services may contain content unsuitable for minors. On the website referred to in Section 1(1), the Company provides a free link through which filtering software may be downloaded free of charge to protect minors from harmful online content.
(4) The Company is entitled at any time, particularly where it has doubts about the accuracy of the information supplied during registration, to require the participant to provide evidence supporting that information, including official documents such as an identity document. The Company is entitled to suspend the participant’s access to the Chat, either wholly or partially, until suitable evidence has been provided following such a request.
Participant Obligations and Contractual Penalty
(1) Any use beyond the private use permitted under Section 2(1) of these General Terms and Conditions is prohibited. This applies particularly to use for commercial purposes, such as advertising. The individual or mass distribution of identical or substantially identical messages, including junk mail and spam, is expressly prohibited. For each culpable violation, the participant agrees to pay the Company a contractual penalty of €15,000.00, in words: fifteen thousand euros. The Company remains entitled to claim compensation for any additional loss. This provision does not reverse the burden of proof.
(2) The use of data or software capable of unlawfully affecting the recipient’s hardware or software is prohibited. Any use that may disrupt data transmission or cause bodily injury, property damage or financial loss is prohibited. Access to the Chat is permitted only through a web browser or software previously authorised by the Company.
(3) The participant is not entitled to decompile, modify, translate, assemble or reverse-engineer the Chat software or any part of it. The participant may not make, or arrange for third parties to make, any other modification or reproduction of the software or develop derivative programs. The elements of the website and the Chat referred to in Section 1(1), including text, software, HTML, Java or Flash source code, photographs, videos, graphics, music and sounds, are protected by copyright. Downloading and use are permitted exclusively for private purposes and only within the limits of applicable law and these General Terms and Conditions. Reproduction, imitation, transmission, commercial exploitation, publication, distribution or conversion into another electronic or other data format is prohibited. The use of computer programs to read files automatically is also prohibited. The participant may not take measures to automatically hide advertisements contained on the website.
(4) It is prohibited to engage in, or arrange for third parties to engage in, immoral, unlawful or otherwise illegal conduct when using the Chat. Participants may not send messages or data containing unlawful content or content contrary to accepted standards of morality. In particular, participants may not distribute, offer or make accessible content that is criminally relevant, harmful to minors, contrary to administrative regulations, otherwise unlawful or immoral. This includes pornographic, racist, violence-glorifying, defamatory or insulting content and content that infringes the personal rights of third parties. Participants may also not offer, announce, advertise, publicise or otherwise make available opportunities to engage in sexual acts. Threatening or harassing others is prohibited. Promising or requesting money or benefits of monetary value is prohibited. Chain letters may not be sent. Goods or services may not be advertised. The distribution of prohibited content may result in criminal or civil proceedings. Where the Company becomes aware of prohibited content, it is entitled and may be legally required to block or remove that content immediately and, where appropriate and after preserving evidence, notify the competent authorities. Where there is reasonable suspicion, the Company is particularly entitled to preserve and, where appropriate, disclose participants’ activities and the relevant content. Participants may not assert claims arising from the removal of content, the blocking of access to content or the temporary or permanent suspension of the participant’s own access.
(5) Participants may not use the Chat to distribute, reproduce, provide access through links to, or otherwise use works or other content protected by copyright or other intellectual property rights, including performing arts, music, literature and software, unless the legal requirements for such use have been satisfied.
(6) The participant is responsible for the communications and contributions they create and publish in the Chat, including links, images, other files and written content. The Company is not required to review content for legality before publication or regularly monitor the Chat for potentially prohibited content within the meaning of these General Terms and Conditions. The participant shall indemnify the Company against all claims brought by third parties because their rights have been infringed by prohibited content uploaded by the participant. In particular, the participant must compensate the Company for all losses incurred because third parties make claims against the Company due to an infringement of their rights.
(7) Instructions issued by the Company or its employees, particularly controllers, for maintaining order within the Chat must be followed immediately.
(8) The participant must treat email addresses, messages and other data relating to participants that they obtain in connection with use of the Chat as confidential. Such information may not be disclosed to third parties without the consent of the person entitled to it. The use or disclosure of any data relating to persons who are not participants is also prohibited.
(9) Where a participant violates these General Terms and Conditions, particularly by providing incorrect information during registration or by violating the participant obligations under Section 3, the Company is entitled to exercise its “virtual domiciliary rights.” In particular, the Company may temporarily suspend the affected account, delete parts of a profile without prior consultation, terminate the user agreement without notice for good cause, permanently exclude the participant from the Chat and completely delete any content used or uploaded by the participant. The Company will decide which measures to take at its reasonable discretion, taking into account the circumstances of the individual case and the seriousness of the violation.
Obligations of the Company
(1) The Company makes the Chat available to the public for the private exchange of information and the private use of the communication and other services offered. The participant has no legal entitlement to permanent use of the Chat. In particular, the Company is not required to ensure that the service is available or accessible at all times. The Chat may be temporarily unavailable, particularly because of maintenance work, without this giving rise to any claims by the participant against the Company. The Company will nevertheless endeavour to operate the Chat with as few disruptions as possible and to develop it further in accordance with participants’ needs. However, the Company does not guarantee the availability or freedom from defects of the Chat. To use the Chat and its services in full, the participant must use the latest browser technologies or enable their use on their computer, including JavaScript, cookies and pop-ups. When older or uncommon technologies are used, the participant may be able to use the services only to a limited extent.
(2) The Company expressly reserves the right to modify, restrict or discontinue the services offered at any time. The Company is entitled, but not obligated, to review content uploaded to the Chat, including text, photographs and graphics, for compliance with applicable law and these General Terms and Conditions. Where necessary, the Company may take measures in response to violations, particularly by deleting the relevant content without prior consultation. The participant has no legal entitlement to the publication of their data or content.
(3) The Company respects participants’ privacy and complies with all applicable data-protection regulations. Personal data collected or processed by the Company during registration and for the provision of its services will be used only in accordance with applicable law. The Company uses participants’ data to provide the Chat services. In addition, the Company also uses personal data for advisory, advertising and market-research purposes. The Company will not disclose or otherwise use personal data through third parties without the participant’s express consent. This does not apply where the Company is legally required to disclose data or where disclosure or use is necessary to protect other participants, defend or protect the Company’s rights, verify compliance with these General Terms and Conditions, resolve technical problems or perform maintenance. To protect participants and for the purpose of error monitoring and correction, content data and IP addresses may be stored for a limited period. For advertising purposes, particularly the placement of advertising, anonymous statistics concerning participant data may be created and analysed and may be made available to third parties for demographic purposes. Further details are set out in the Privacy Policy.
Use of the Chat
(1) The Company offers communication and other services through the Chat. The Company provides participants with access to the Chat’s database system, through which participants can get to know one another for closer acquaintances and in connection with matters such as sports, travel and household interests. Additional services are also offered. The Chat is expressly not intended to provide matchmaking or marriage-brokerage services. Both free and paid services are offered. The “currency” used in the Chat is “Coins.” Coins may not be misused as virtual merchandise. In particular, they may not be sold in exchange for money or other benefits of monetary value. Certain services require payment of a specified number of Coins. Before using a paid service, the participant will be informed that the service is subject to a charge and of the number of Coins required. Once the stated cost has been deducted from the participant’s account, the participant may use the service.
(2) Participants may purchase Coins in exchange for payment. Coins are offered in various quantities and packages. The Company provides various payment services. The participant selects the payment method and the number of Coins to be purchased and credited to their participant account. Following payment, the purchased number of Coins will be credited to the participant’s account and may then be used.
(3) If the participant’s payment is not completed correctly or fails for reasons for which the Company is not responsible, particularly because of insufficient account funds or incorrect bank-account details, no Coins will be credited. Any Coins already credited as a result of the failed transaction will be removed from the participant’s account without further notice. The Company reserves the right to refuse another payment using the same method because of the previous failed transaction. The participant must bear any costs resulting from the failed payment, including bank charges.
(4) The participant bears the burden of proving the amount of Coins held in their account. Participants may view their current account balance through their Chat account. The Company protects account data against loss by using measures that correspond to the generally accepted current state of technology, particularly backup systems. However, the Company expressly points out that, according to the current state of technology, it is not possible to protect hardware and software against every form of external misuse or data loss. No invoice or payment receipt will be issued for purchased Coin balances.
(5) If a participant suspects or has evidence that their account is being misused, they must notify the Company immediately in writing. The Company will block the account within 24 hours after receiving the notification. Otherwise, the Company will be liable for the loss of any Coin balance where it is responsible for the delay, but only up to a maximum amount of €50. Further liability is governed by Section 7 of these General Terms and Conditions.
(6) The Company will send notices to the participant either through relevant on-screen messages after login or by email to the most recently provided email address. The participant agrees to check messages sent to the most recently provided email address on an ongoing basis.
(7) Notices from participants to the Company must be sent by email to the email addresses expressly stated by the Company on the aforementioned website. Where written form is required, notices must be sent by post to: Sunset Connect S.L. Calle Aragon 28, 1-1 07006 Palma de Mallorca The notice must state the participant’s name, address, email address registered with the Company and pseudonym.
(8) Participants may create links to other websites or sources. The Company has no control over such external websites or sources and is not responsible or liable for their availability. The Company does not adopt as its own any content accessible from such websites or sources and excludes all liability or warranties relating to them, unless the Company has actual knowledge that the content is unlawful and fails to remove the link immediately. If the Company receives information that a link in the Chat leads to an external website on which a third party distributes content contrary to these General Terms and Conditions, the Company is entitled to remove the link. Participants may use or distribute copyrighted material only where this is permitted under applicable law and the rights holder’s applicable terms or where the rights holder has granted the participant separate permission. Participants may not reproduce, imitate, transmit, distribute, publish, exploit, convert into another electronic or other data format, or otherwise use such material beyond the permitted scope. In particular, trademarks or brand names may not be used without authorisation, regardless of whether they are used in their original or modified form or through a link to another internet domain. If third parties assert claims against the Company because of an act or omission by the participant in this regard, the participant shall indemnify the Company against all such claims upon first request.
Termination of the Contract
(1) The contract is concluded for an indefinite period. The Company is entitled to terminate the user agreement governing participation at any time by giving one month’s notice. The Company’s right to discontinue the Chat under Section 4(2) remains unaffected. Discontinuation of the Chat will also result in termination of the contract from the date on which the Chat is discontinued. The participant may terminate the contract and deregister at any time without providing reasons. The right to terminate without notice, particularly under Section 2(2) and Section 3(9) of these General Terms and Conditions, remains unaffected. Notice of termination must be given by email or in writing. To prevent misuse by third parties, a participant’s termination notice must contain sufficient information to identify the participant beyond doubt. After termination of the contract, the participant’s stored data record will be deleted unless retention is ordered by an authority, required by law or necessary to preserve evidence in accordance with Section 3(4) of these General Terms and Conditions. Once the account has been deleted, it cannot be restored.
(2) If, at the end of the contract, the participant has a paid and unused entitlement to services in the form of a Coin balance, the corresponding amount in euros and cents will be refunded to the participant within three weeks. The three-week period begins when the contract ends, but not before the Company receives written notice from the participant identifying the account to which the refund is to be made. However, no refund will be made where the participant’s agreement has been terminated without notice or their account has been blocked or deleted, particularly because of a violation of these General Terms and Conditions, including Sections 2, 3 or 3. No refund may be claimed where the Company is required to discontinue the Chat for operational or other reasons. This applies only where, in the event of discontinuation, the Company informs the participant in sufficient time, no later than two months before the final date, thereby providing sufficient opportunity to use any remaining Coin balance. Reference is also made to Section 4(1) of these General Terms and Conditions.
Liability
(1) The Company is not liable for damage resulting from transmission disruptions, service disruptions or other disruptions affecting the Chat where the Company is not responsible for those disruptions or where they result from measures intended to maintain and develop the Chat, particularly maintenance work. The same applies where the Company is entitled under these General Terms and Conditions to discontinue the Chat. In accordance with the service description, the Company accepts no liability for uninterrupted system availability or for system-related failures, interruptions or disruptions affecting the Company’s technical facilities or services. In particular, the Company is not liable for disruptions in quality or access resulting from force majeure or events for which it is not responsible, including the failure of communication networks and gateways.
(2) The Company is not liable where unauthorised third parties obtain access to a participant’s personal data, for example through unauthorised access by hackers to the database. The Company is also not liable for damage resulting from careless handling by the participant of their participant data, other personal data or data relating to third parties. The participant is responsible for preventing misuse.
(3) In the event of data loss, the Company is liable only for the cost of restoring data that would have been incurred if the participant had performed proper and regular data backups. In particular, the Company is not liable for data lost from the participant’s account where the participant has not regularly backed up their account balance by printing it or by other means. Reference is made to Section 5(4) of these General Terms and Conditions.
(4) The Company provides a database through which participants may check possible matches with other participants and communicate with them. The Company provides only an information-technology service and does not guarantee any particular result. In particular, the Company is not liable for whether contacts meeting the participant’s expectations are established during the contractual period. The Company has no control over the accuracy or security of information exchanged between participants or entered by participants in their profiles. Statements and information provided by persons using the internet may be false. The Company therefore accepts no responsibility for the content, accuracy or completeness of such information. Liability for matters such as the accuracy of participant profiles and the assessment of their compatibility with other participants is excluded.
(5) Any additional exclusions of liability governing specific circumstances under these General Terms and Conditions remain unaffected. In particular, the Company is not liable for acts or omissions of participants that are unlawful or prohibited under these General Terms and Conditions.
(6) In all other respects, the Company is liable only in cases of intent or gross negligence. The preceding exclusion does not apply to participants’ rights arising from guarantees or agreements concerning specific characteristics. Claims arising from injury to life, body or health also remain unaffected where the Company is responsible for the breach of duty. A breach of duty by the Company’s legal representative or agent will be treated in the same way as a breach by the Company. Any further liability is excluded.
(7) In accordance with applicable law, the participant shall indemnify the Company against liability and against all obligations, expenses and claims arising where third parties assert claims against the Company because of the participant’s acts or omissions in the Chat or in connection with the Chat.
Set-Off and Right of Retention
The participant may set off claims against the Company or exercise a right of retention only where the participant’s claims have been established by a final court judgment, are undisputed or have been expressly acknowledged by the Company in writing.
Final Provisions
(1) The provider of the Chat services is: Sunset Connect S.L. Calle Aragon 28, 1-1 07006 Palma de Mallorca Spain
(2) These General Terms and Conditions and the legal relationships between the participant and the Company are governed by Spanish law. The application of mandatory legal provisions of the country in which the participant had their habitual residence when the contract was concluded remains unaffected.
(3) The exclusive place of jurisdiction for all disputes arising from the contract is Mallorca, Balearic Islands, where the participant is a merchant, a legal entity governed by public law, a special fund governed by public law or has no place of jurisdiction in the Republic of Austria.
(4) If any individual provision of these General Terms and Conditions is invalid, this will not affect the validity of the remaining provisions. The parties agree that an invalid provision shall be replaced by a valid provision that comes as close as legally possible to achieving the economic purpose of the invalid provision. The same applies where an omission or gap in these General Terms and Conditions becomes apparent.
Cancellation Information
Right of Cancellation
You may cancel your contractual declaration within 14 days without giving reasons by providing notice in text form, for example by letter, fax or email.
The cancellation period begins after you have received this cancellation information in text form, but not before the contract has been concluded and not before we have fulfilled our information obligations under Article 246 Section 2 in conjunction with Section 1(1) and (2) of the Introductory Act to the German Civil Code and our obligations under Section 312e(1), sentence 1, of the German Civil Code in conjunction with Article 246 Section 3 of the Introductory Act to the German Civil Code.
To comply with the cancellation period, it is sufficient to send the cancellation notice before the period expires.
The cancellation notice must be sent to:
Sunset Connect S.L
Calle Aragon 28 1-1
07006 Palma de Mallorca
E-Mail: [email protected]
Consequences of Cancellation
In the event of a valid cancellation, each party must return the services or benefits received and, where applicable, surrender any benefits derived from them, such as interest.
If you are unable to return the service received and any benefits derived from it, either wholly or partially, or can return them only in a deteriorated condition, you may be required to compensate us for the corresponding value.
This may mean that you remain required to fulfil your contractual payment obligations for the period up to the date of cancellation.
Obligations to reimburse payments must be fulfilled within 30 days.
For you, the period begins when you send your cancellation notice or return the relevant item. For us, the period begins when we receive it.
Special Information
Your right of cancellation expires early if the contract has been fully performed by both parties at your express request before you exercise your right of cancellation.