Allgemeine GeschäftsbedingungenAllgemeine GeschäftsbedingungenTerms of Use and Condition
These Terms of Use only apply to the entire contents of the present website under the domain: "www.JuliaCo.com" and "www.JuliaCo.de"
Julia & Co® is a acquaintances-portal accessible to Julia & Co Members via Internet, cellular phones (WAP or I-mode®) and fixed-line telephones. Some features of the Julia & Co services can be accessed free of charge. Other services are paid for by Members, who pay through subscription. We ask you to carefully read the Terms of Use below before participating with Julia & Co, as a Julia & Co Member, in the development of a responsible and high quality site. In becoming a Member of Julia & Co, you undertake to comply with these Terms of Use. If you do not accept these Terms of Use, you should not register with Julia & Co. Registration for one or more Services, as well as use of this site, implies full and complete acceptance of these Terms of Use by the Member. By checking the box containing the words "I accept the terms&conditions and privacy policy. ", located at the bottom of the registration page, in order to confirm registration, the Member acknowledges that he/she is bound by all clauses of the Terms of Use.
1. Definitions
§ 1.1
The list of words below, which start with a capital letter, have been defined for the purposes of these Terms of Use as follows: "Julia & Co" refers to the group of Services, the purpose of which is to facilitate online meetings between individuals, for personal, leisure and non-business purposes. Julia & Co is accessible from multiple platforms (Internet, text messages, MMS, WAT, etc.), with or without payment. "Service(s)" refers to the entirety of the Services accessible to Julia & Co Members, whether paid or unpaid. "Paid Services / fee-based Services" refers to all Services accessible when paid. "Member(s)" refers to any or all valid registered users of the Julia & Co Service who have or have not paid to use Julia & Co. "Terms of Use" refers to this contract.
2. Access and registration for the Julia & Co Services
§ 2.1
Terms of access and registration
To be a Julia & Co Member you must be at least 18 years of age and complete all compulsory fields appearing on the registration forms. When the conditions required for registration are met, each Member will have one or more identifier(s) (usernames) and one or more password(s), according to the different Services with which the Member is registered (Internet, newsletters). These identifier(s) and password(s) are strictly private and confidential and must not be passed on or shared with any third parties. If a Member disseminates or uses these elements in a manner deemed contrary to its original purpose, Julia & Co will terminate the Member's Account. The Member shall be solely liable for the use of this identification information by third parties or for the actions or statements made through the Member's account, whether these be fraudulent or not. The Member holds Julia & Co harmless against all claims of this kind. In addition, as Julia & Co does not have the obligation or the technical means to check the identity of every person registered with its Services, Julia & Co is not liable in the event a Member's identity is used by someone else. If the Member has reason to believe that a person is using his or her Member identification information or account, he or she must inform Julia & Co immediately. When a Member wishes to sponsor a friend and provides Julia & Co with the contact details of that friend, such Member must have obtained the prior consent of this friend for Julia & Co to process his or her data that will be used solely in order to address an electronic message informing him/her of Julia & Co and its Services. This message is addressed in the name and in the account of the Members having provided Julia & Co with their personal data. In such a case, the Member supplies such information freely and voluntarily and under his/her sole responsibility. For security and quality purposes, Julia & Co will deactivate the accounts of Members who have not used the Service for a period of 6 months or more, and for whom no subscription remains valid. This six-month period referred to above shall begin on the date that the subscription term expires. § 2.2
Right of withdrawal The Member is informed that he/she enjoys a period of 2 weeks from the time he/she accepts the Services to exercise his or her right of withdrawal, without penalty and without the need to provide any reason. The right of withdrawal may no longer be exercised once the Member has accessed the Services concerned.
3. Use of Julia & Co
§ 3.1
Upon registration, the Member can take advantage of access to Services available on Julia & Co. Before accessing fee-based services, at a appropriate place the appropriate cost / prices are displayed.
§ 3.2
Obligations of Julia & Co
Julia & Co will remotely and by electronic means supply an online acquaintances Service via Internet. Julia & Co's activity does not include organizing offline meetings, supplying access to the Internet network, or providing an electronic communication Service to the public. Consequently, Julia & Co has no legal obligation to identify Members when they connect to the Julia & Co Internet site or to monitor content published by Members. Because Julia & Co is technically incapable of providing such Services, Julia & Co does not undertake contractually to identify Members or to moderate in respect of content which they publish under their own responsibility. Julia & Co cannot be held liable for false declarations made by a Member. Therefore, it is imperative that Members take certain precautions when arranging to meet up with another Member. Julia & Co assumes no responsibility for meetings between Members of Julia & Co, on Julia & Co or during meetings between Members and/or non-Members as a consequence of the use of the Julia & Co site and Services. In addition, on a first date, it is recommended that you tell someone close to you and choose a public place (coffee place, pub, restaurant etc.). In this respect, Julia & Co reminds its Members that they are prohibited from using Julia & Co Services to disclose information that allows them to be identified, such as last names, mailing/email addresses, or telephone numbers, to other Julia & Co members.
§ 3.3
Obligations of the Member
The provisions of this Article shall apply without prejudice to the Article "Termination". When using the Services, the Member undertakes in particular to comply with contract law, the rights of third parties and these Terms of Use.
§ 3.3.1
General Obligations
The Member has the following General Obligations:
§ 3.3.2
Essential Obligations
The Member has the following Essential Obligations:
Failure to comply with the Essential Obligations as set out above shall constitute a serious breach by the Member of his/her obligations. Without prejudice to the provisions of the Article "Termination", Julia & Co shall, where the Member fails to comply with one or more of these Essential Obligations, be entitled to terminate the contract and will definitively delete the account of the Member concerned.
4. Prices and terms of payment
§ 4.1
Prices and terms of payment
There are currently two fee-based services.
To see details of all Julia & Co services, click here. The member can contact Julia & Co at any time for cancelation. The cancellation will take effect in accordance with Article 8, 'Termination', below.
5. Personal privacy and protection of Member data
§ 5.1
Personal privacy and protection of Member data
Julia & Co upholds the strictest of standards with respect to protection of privacy and of personal information. Some information, comments or content (photographs or video) that the Member optionally provides may possibly, under the responsibility and on the initiative of the Member concerned, reveal the ethnic origin of the Member, his/her nationality, religion and/or sexual orientation. By providing such information, all optional, the Member concerned manifests his/her intention and, consequently, expressly consents to, and takes sole responsibility for, the processing of this mentioned "sensitive" data by Julia & Co, and freely takes the exclusive responsibility. Each Member can access or request access to information concerning him/her in order to have it modified, deleted or to forbid any use by Julia & Co of it. Members can submit such requests for access by using the contact form. Each Member can, at the time of registration or at any time thereafter, request to receive and, subsequently, request without charge via Julia & Co to cease to receive, the Julia & Co newsletters and/or promotional offers sent to her/him by email or to cellular phone from Julia & Co and/or its partners.
§ 5.2
When and why do we gather information about you?
The Member is asked to supply information about himself/herself when he/she registers with the Service, participates in a contest, responds to a survey, participates in a chat or acquires a fee-based service. Certain items of information are mandatory in order to gain access to Services.
§ 5.3
What sort of information do we gather?
Personal information gathered by Julia & Co can include your name, mailing and/or email address, information about your physical appearance, photographs, voice recording, video, personal values, religion, interests, and your use of the Service. Furthermore, certain non-personal information are also gathered, such as the version of the Member's and any other visitor's web browser (Netscape, Internet Explorer, etc.), the operating system (Windows 98, Mac Os, etc.) and the IP address of the computer from which they are visiting. Finally, Julia & Co uses cookies, designed to store information used to identify the Member while he/she is browsing on the Julia & Co Internet site, in order to allow the Member to continue browsing without having to re-enter this information for each new page. The Member always has the option of preventing the use of cookies by modifying the options of his/her web browser.
§ 5.4
Who has access to your information?
The information gathered about you when you register with Julia & Co and subscribe to our Services is used to offer you our different Services. All precautions have been taken on our databases to archive your information in a secure environment. Only a small number of our employees have access to your information, which is only accessible in case of necessity. The personal information you provide at the time of registration which does not comprise your personal ad and your profile will not be accessible by third parties, nor passed on, sold or exchanged, except in the cases named below and subject to your prior information and agreement, or in assumption of your non opposition hereto. We may send you promotional offers from some of our partners, subject to your explicit and informed consent given during registration, unless you choose not to be contacted during your registration or unless you change your mind at any moment thereafter. If you do not wish to receive any special offers from Julia & Co or our partner companies, let us know when you subscribe, or alternatively at any time by going to "[My room / Settings] " on the Julia & Co website, or contact us by mail. Julia & Co may occasionally share general socio-demographic information that does not include names with selected partners to allow them to target their announcements (by age category, gender, etc.). In this case, we will not send these partners any information that would allow them to identify you. The information contained in your personal ad, your search criteria and your profile can be accessed on Julia & Co, on the web, by email (newsletters), by cellular telephone or on Julia & Co's Audiotel Service (a value-added telephone Service). In addition, these information may be broadcasted directly by Julia & Co or via our partners to persons interested in Julia & Co, through newsletters or third-party websites, or by all other electronic (email, text messaging, etc.) or audiovisual (radio, television, etc.) communication tools, or by written press (newspapers, magazines, etc.), in order to increase your chances of meeting someone by promoting your person ads, search criteria and profile. Consequently, the Member explicitly authorizes Julia & Co to reproduce and broadcast the information contained in his/her personal ad, search criteria or profile (personal information, description, images, videos, etc.) on all or part of the Julia & Co Services (on the Julia & Co site, on the Web, by email, Audiotel) and/or in a general manner, on all distribution media, in particular audiovisual communication (press, radio, analogue television, digital television, cable or satellite) or electronic communication (email, Internet), throughout the entire world and for the length of time established in these Terms of Use between the Member and Julia & Co. Furthermore, the Member explicitly authorizes Julia & Co to transfer the benefits of the above mentioned rights to its partners and eventual successors of Julia & Co. If you no longer wish for Julia & Co or its partners to reproduce or broadcast the information comprised in your personal ad, your search criteria, or your profile, you can terminate your Julia & Co account following the conditions foreseen in the Article "Termination". Since this information is comprised of your personal ad, your search criteria and your profile, the termination will only take effect upon the next update or version of these communications (printed, press, audiovisual, or electronic) containing your personal ad, your search criteria and your profile information.
6. Intellectual property
§ 6.1
Content broadcast by Julia & Co
The trademarks (Julia & Co®), logos, graphics, photographs, animations, videos and texts featuring on the Julia & Co site and in the Julia & Co Service are the intellectual property of Julia & Co or its partners and may not be reproduced, used or represented without the express permission of Julia & Co or its partners, under threat of legal action. The rights of use accorded by Julia & Co to the Member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and to use of these documents for private and personal purposes in the scope of and for the duration for of the Member's membership with Julia & Co. Any other use by the Member is prohibited without the authorization of Julia & Co. In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the Services, the Julia & Co site pages or software codes for elements comprising the Julia & Co Services and site. § 6.1
Content provided by Members
The Member grants Julia & Co a licence to use the intellectual property rights attached to the content provided by the Member for the purpose of broadcasting on the Julia & Co Site. This licence in particular incorporates the right for Julia & Co to reproduce, represent, adapt, translate, scan, use for publicity purposes, commercial or non-commercial, sub-licence or assign the content concerning the Member (information, images, videos, descriptions, search criteria, etc.) on all or part of the Julia & Co Services (on the Julia & Co site, by email, by Audiotel) and/or in mailings sent by Julia & Co and, in a general manner, on all distribution media, in particular electronic (email, text messaging, MMS, WAP, Internet, CD-Rom or DVD-Rom). The Member expressly authorizes Julia & Co to modify this content in order to conform to the look and feel of the Julia & Co Services and/or other communications media above, and/or to make this content compatible with its technical processes or appropriate media formats. These rights are worldwide and exist for the entirety of the agreement set out in these terms and conditions between the member and Julia & Co. The Member is prohibited from copying, reproducing or otherwise using for any purpose the content relating to other Members, except for the explicit requirements for usage of the Services for the Member's own strictly personal and private use.
7. Liabilities and warranties
§ 7.1
Functioning of the Julia & Co site and Services
To use the Services, the Member must have the necessary hardware equipment and software and the necessary parameters required to properly use Julia & Co: Navigator Internet Explorer 6 or equivalent, Javascript functions enabled, cookies enabled, and pop-ups enabled. The Member must have the skills, hardware and software required to use the Internet or, as appropriate, Internet, telephone and Audiotel Services, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed. Julia & Co does not guarantee that the Services will function if the Member activates a popup killer tool. In this case, the function should be deactivated before using the Service. Julia & Co does not guarantee that the Services will be usable if the Member's Internet Service provider is unable to provide its Service properly. In this context, Julia & Co cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the Julia & Co site resulting from incorrect hardware, problems experienced by the Member's Internet Service Provider or blockages on the Internet networks or for all other reasons outside the sphere of influence of Julia & Co. Moreover, due amongst other things to the specifics of their Internet browser, Members who are AOL users may encounter problems making Julia & Co function properly. Under these conditions, Julia & Co does not guarantee that the Services shall function without interruption or error. In particular, the use of this Site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, Julia & Co shall inform its Members prior to maintenance work or updates. Apple Macintosh users must use Mozilla Firefox - Julia & Co does not guarantee optimal functioning of the site when using SAFARI or OPERA browsers. Please note that up-to-date Adobe Flash software is required for this website to function properly (download from: www.adobe.com).
§ 7.2
Information and content supplied by the Members
The information supplied by a Member of Julia & Co must be accurate and conform to reality. The consequences of disclosing information on the life of the Member or of other Members are the sole responsibility of the Member concerned. It is the Member who takes the initiative to divulge and disseminate via Julia & Co personal information, data, text, content and images. Consequently, he/she waives all recourse against Julia & Co, notably on the basis of any possible damage to the Member's right to his/her image, the Member's honour and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this agreement, in particular by Article 5 "Personal Privacy and Protection of Member Data," since the Member has given his/her prior, free and express consent to such revelation through his/her registering with the Service and in application of these Terms of Use. Julia & Co cannot be held liable for (and the consequences of) the accuracy or inaccuracy of the information and content provided by other Members, site visitors and/or the Member himself/herself. Correspondingly, Julia & Co cannot be held responsible for content distributed by a Member that might contravene the rights of one or more other Members or third parties. The quality demanded of the Julia & Co meeting Service by both Julia & Co and its Members necessitates compliance with certain ethical standards in Members' expression and behaviour, respect of third parties' rights, and compliance with applicable laws and regulations. In the scope of this requirement for quality, individual responsibility and ethics, Julia & Co allows Members to notify Julia & Co, on the Julia & Co website, of the data (photograph, text, video), behaviour, or words of a Member which seem to them to infringe applicable laws or regulations, the image or the purpose of the Julia & Co Service, the rights of any third party, or general good standards. Consequently, Members acknowledge and accept that the data they provide, as well as their behaviour and words on the Service, may be notified by other Members, moderated and/or monitored by Julia & Co, on the basis of objective assessment criteria. Where such notification or monitoring reveals a breach by a Member of any applicable laws or regulations or of his/her contractual obligations, the provisions of these Terms of Use, in particular the Article "Termination", may be applied. In the event that any damages are brought against Julia & Co due to any actions by the Member that are against the law or against these General Terms of Use, the Member shall assume all responsibility.
§ 7.3
Links
Julia & Co can supply or third parties may include hypertext links to other websites other than the Julia & Co site and to Internet sources. As Julia & Co is unable to supervise these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be responsible for their content, advertising, products, Services or any other element made available on or from any of these external sites or sources. Any difficulty relating to a hypertext link must be submitted to the administrator or webmaster of the site to which it pertains. It should, furthermore, be noted that the consultation and/or utilization of these external websites and sources are governed by their own Terms of Use. Finally, if during the scope of a search performed on the Julia & Co site where the result of this search would point the Member to access sites, pages or forums of which the content and/or purpose constitutes a violation of the French law, the Member is required to cease consultation of the site concerned in order to avoid being held responsible for such violation.
§ 7.4
Limitation of responsibility
Julia & Co can be held responsible by a Member only where certain and definitive proof is adduced before the courts demonstrating a wrongful act committed by Julia & Co having caused that Member damage. In this regard, Julia & Co shall in no circumstances be liable for direct or indirect damage to the Member where the Member's behaviour contributed to the occurrence of the damage he/she claims to have suffered. By way of illustration, Julia & Co shall not be liable for direct or indirect damage suffered by the Member in the event of non-performance or incorrect performance of these Terms of Use by the Member.
8. Termination
§ 8.1
Termination
A Member may at any time and without the need to provide any reason end his/her registration with Julia & Co by requesting the closure of his/her account in the area of the Julia & Co site designated for such purposes. Such request shall be deemed effective from the first working day after receipt by Julia & Co of the request for closure of the account concerned. Without prejudice to the other provisions hereof, where the Member commits a serious breach, Julia & Co will terminate the Member's account without prior notification or warning. Such termination shall have the same effects as a termination by the Member. Without prejudice to the other provisions hereof, where the Member commits a breach, Julia & Co will terminate the Member's account fourteen (14) days after having sent to the Member an email requesting unsuccessfully that he or she comply with these Terms of Use. Such termination shall take effect without prejudice to any damages that Julia & Co might claim from the Member or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches. The Member will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the Member will be destroyed at his/her request or upon expiration of the legal time period following the termination of the Member's account.
9. Agreement between the Member and Julia & Co
§ 9.1
Agreement between the Member and Julia & Co
These Terms of Use, and the pages on the Julia & Co site to which these terms refer, constitute a contract that governs the relationship between the Member and Julia & Co UK. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of Julia & Co and of the Member. If any of the provisions of these Terms of Use is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, failure by a Party to take action in respect of the breach by the other Party of any provisions of these Terms of Use, shall not be interpreted as constituting a waiver by said first Party of the right to take action in future in respect of such a breach.
10. Amendments by Julia & Co to the Terms of Use
§ 10.1
Amendments by Julia & Co to the Terms of Use
Julia & Co may modify these Terms of Use at any time. The Member will be informed of the nature of these modifications as soon as they are posted on the Julia & Co site. The modifications shall take effect one month after their posting on the Site. For Members registered after any modifications have been put online, these modifications shall be immediately applicable, as the Member will have expressly accepted them when the account was opened. Otherwise, the member can cancel.
11. Jurisdiction and applicable law
§ 11.1
Jurisdiction and applicable law
These Terms of Use shall be governed, construed and applied in accordance with German law, and in the event of dispute as to the meaning of a term or provision of these Terms of Use the language of interpretation shall be German.
12. About Us
§ 12.1
About Us
Julia & Co, registered in Munich GnR 2550. The Julia & Co site is hosted on Julia & Co servers. For any questions you may wish to ask, contact Julia & Co by completing the contact form.
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