General Terms & Conditions – 15.2.2010
one2like provides an online testing and premium matchmaking platform on http://www.one2like.com and a Facebook application on http://apps.facebook.com/onetolike (the "Service" or "Us" or "We").
By registering, you accept and agree to be bound by these General Terms & Conditions of one2like GmbH, Regensburger Str. 16, 10777 Berlin, Germany and you become a User of one2like. You warrant and represent to one2like that:
a) You are at least 18 years old at the time of registration;
b) You have not been subject to any injunction or any order to pay damages and/or have been
convicted of any offence relating to violence or harassment; and/or any other serious criminal offense.
If you are not able or not willing to give the warranties and representations set out above you must not apply for the Service of one2like.
In these conditions the following words have the following meanings unless the context requires otherwise:
a) "Agreement" means the Agreement between you and one2like incorporating these conditions for the provision of the Service;
b) "User" means any person who has registered with one2like and whose membership has been accepted by one2like and remains valid for the time being;
c) "Liability" means the Liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
d) "Profile" means the section containing details, photographs and/or information about you or other Users;
1. Subject matter of the Agreement
1.1 Subject matter of the Agreement are both free and paid services. Services offered include (not exhaustive) for example
a) Provision of User personality tests.
b) Provision of a personality Profile to the User.
c) Entry of the User in the one2like database, the administration and storage of its data and providing the possibility to contact other Users.
d) Provision of services to complete the User Profile.
e) Provision of virtual goods.
1.2 Purpose of the contract is explicitly not matchmaking that is directed to an immediate formation of a partnership or a marriage.
1.3 one2like offers its services exclusively for private, non-commercial purposes.
2. Access and registration
2.1 Access to the one2like Service requires a registration. The User can choose a password. A one2like User ID will be automatically granted by one2like.
2.2 By registering you accept and agree to be bound by the General Terms & Conditions (as amended by one2like from time to time) of one2like and warrant and represent to one2like the data that you provide is correct.
2.3 By registering you enter into a legally binding Agreement between you and one2like for the provision of the Service. These conditions (as amended by one2like from time to time) supersede all other terms and conditions and shall replace any terms and conditions previously notified to you.
2.4 We reserve the right to vary these conditions at any time. If one2like varies these conditions, the updated conditions will be posted on the Terms and Conditions page of one2like as soon as the alteration is made. Your continued use of the Service after posting of the varied conditions on the Website constitutes your acceptance of the varied conditions and your Agreement to be bound by the Agreement, as amended.
2.5 We reserve the right to make changes to the Service as required from time to time by law or applicable safety requirements provided that they do not have a material adverse effect on the quality of the Service.
2.6 We reserve the right to refuse to register with the one2like Service and to terminate paid and unpaid memberships at any time, if the User acts against these General Terms & Conditions or the one2like Code of Conduct. The termination of a paid membership due to this reason does not change the User’s obligation to pay the one2like fees. Fees up to 300 EUR (or equivalent in other currencies) that have been already paid will not be reimbursed to the User and kept by one2like as a contractual penalty.
2.7 one2like has no control over the quality, compatibility or safety of one2like Users or over the truthfulness, accuracy or completeness of any User content. As we do not review User’s content, you enter this Agreement in the knowledge that other Users' information, despite the prohibitions set out in these Terms & Conditions, may be inaccurate or deceptive.
3. Use of the Service
3.1 one2like provides personality tests to Users, for example structured by psychological criteria. one2like generates an individual personality Profile of the User, which is added to the one2like database and compared with test results of other one2like Users.
3.2 The User receives anonymous partner matches from one2like. Partner matches will be constantly updated. one2like can not guarantee that the one2like database contains data of individuals that leads to appropriate/any partner matches.
3.3 The one2like Service allows you to make contact with other one2like Users through use of the Service and exchange photos.
3.4 You should be aware that information posted by other Users on their Profiles are only a description of how they describe themselves and you should not assume that the information is necessarily correct and accurate. We do not check or warrant that Profiles or the information that they contain are correct and not misleading. We are not under any obligation to verify any information contained in any Profile.
3.5 If you post and/or disclose to other Users any confidential or sensitive information about yourself or arrange any meetings with any person through the one2like Service you entirely do so at your own risk. You should take any precautions that you deem to be necessary to ensure your personal safety.
4. Privacy
Please read the one2like Privacy Policy to understand how one2like treats your personal information.
5. Termination
5.1 You may terminate this Agreement at any time.
5.2 one2like may terminate this Agreement immediately; may immediately suspend and/or terminate the User’s access to the Service without notice in the following cases
a) You fail to make any payment to one2like when due;
b) You breach the terms of this Agreement or our Privacy Policy;
All fees paid by you to one2like are non-refundable and cancellation and/or termination of this Agreement by you or one2like because of the reasons above will not entitle you to a refund of paid fees. All fees owed by you to one2like shall become immediately due and payable.
5.3 To terminate a premium membership, you must contact Us via the Feedback link at the bottom of the page or send Us a letter. Please send Us your one2like-ID and the Customer Service Secret Code on your one2like Account page.
Please direct the cancellation of your premium membership to:
12like GmbH
- Customer Service -
Regensburger Str. 16
10777 Berlin
or contact Us via the Feedback form and select “Cancel / Delete Profile” from the drop down menu.
5.4 To terminate a free basic membership, please send Us your one2like-ID and the Customer Service Secret Code on your one2like Account page.
The termination of the free basic membership must be directed to one2like Customer Service via the Feedback form. Please select “Cancel / Delete Profile” from the drop down menu.
5.5 All premium membership subscriptions (including special offers) automatically renew on the last day of a current subscription. To prevent automatic renewal, you must cancel the subscription at least 30 days before the end of the subscription period. The renewal period will be equivalent to your original premium membership subscription period. The relevant fee amount will be charged to the payment method (e.g. credit card) used for your original transaction. If you wish to cancel automatic renewal, you must do so before the final complete day of your current subscription term.
5.6 one2like has the right to discontinue the Service provided in whole or in part at any time. one2like will inform the Users at least 7 days prior to the partial or complete termination of the Service.
6. Liability
6.1 The one2like Service is provided technically in its current form and one2like does not guarantee that the Service, or any element of the Service will meet your requirements, purpose and/or expectations or that you will find a partner via the one2like Service.
6.2 one2like does not warrant that any of the information and/or material provided in the Service for example by other Users is accurate and shall have no Liability to you arising out of the use of the Service and/or your reliance on any information and/or other content posted on the Service to you by other Users.
6.3 one2like shall have no Liability for any defect in the Service caused or contributed to by you and/or any other User.
6.4 one2like shall have no Liability to you arising out of any User's and/or unauthorised User's misuse of information and/or other content posted by you on the Service and/or to other Users.
6.5 one2like shall have no Liability to you for any access or delay in performance of this Service and/or any other matters to the extent that such events and/or matters are due to any events outside one2like’s reasonable control including but not limited to third party issues (for example Facebook originated issues), acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
6.6 one2like is only liable for damages arising from intent and gross negligence of his employees or organs. Nothing in this Agreement (including article 6.8) shall operate to exclude or limit one2like´s Liability for
a) death or personal injury caused by its negligence; b) fraudulent misrepresentation; or c) any other Liability which cannot be excluded or limited under applicable law.
6.7 Subject to the above, one2like shall not be liable to the User for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
6.8 Subject to the above, one2like’s aggregate Liability in respect of claims based on events arising out of or in connection with this Agreement, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed one hundred percent (100%) of the total fees payable under this Agreement.
7. Member's obligations
7.1 You warrant that your personal data and Profile information (including your Facebook profile data) is accurate, true, complete and is not misleading.
7.2 You will not:
a) Post your personal details such as your telephone number, address and/or email address or URL in your Profile or any other information which would allow other Users to contact you directly;
b) Transmit and/or post information, pictures and/or any other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or any other parties' rights in (including but not limited to intellectual property rights and/or privacy rights);
c) Transmit and/or post and/or email to another User any information, pictures and/or any other material, which in the opinion of the site administrator is sexually explicit, racist, abusive, threatening, sexually suggestive, libellous and/or obscene; or is capable of offending other Users' political and/or religious beliefs.
d) Use the Service to promote another site, service and/or business.
e) Attempt to gain unauthorised access to any information available on the Service;
f) Post and/or reproduce in any way any information and/or material in which the Intellectual Property Rights belong to another party without first obtaining the prior consent of the owner of such rights;
g) Post any chain letters and/or junk email to other Users;
h) Use any device, software or programs to attempt to interfere with the proper functioning of the Service.
7.3 Without prejudice, in the event of breach by you of one or more of these rules, We reserves the right to block your accounts, to remove automatically the messages in question, to prevent the publication of all or part of your Profile, and/or to block your access to all or part of the Service, temporarily or permanently, without compensation or refund.
8. Intellectual property rights and confidentiality
8.1 All intellectual property rights in the Service and the one2like website shall be owned by one2like absolutely.
8.2 You warrant and represent to one2like that the information posted in your Profile is posted by you and that you are the sole author of your Profile. You assign to one2like with full title guarantee all copyright in your Profile.
8.3 You waive absolutely any and all moral right to be identified as author of your Profile and any similar rights in any jurisdiction.
8.4 You agree that you will keep confidential and not use, except for purposes contemplated by this Agreement, any and/or all information relating to the Service including other Users’ Profile information or information that you have exchanged with this User - except where such information is public knowledge or it is required to be disclosed by law.
8.5 We will use reasonable commercial endeavour to keep personal details such as your surname, your real email address and Your credit card number(s) (where relevant) confidential and will not disclose such information, except where such information is public knowledge or it is required to be disclosed by law.
9. Applicable law
This Agreement shall be governed by and construed in accordance with the laws of Germany.
10. Right of withdrawal
You have the right to withdraw your subscription to one2like’s premium membership service without cause at any time within the 2 week (14 day) evaluation period. Said evaluation period begins upon subscription to the one2like VIP membership.
Please use the Feedback link at the bottom of this page or direct the cancellation of your VIP membership to:
one2like GmbH
- Customer Service –
Schlesische Straße 26
Aufgang A, 3rd floor
10997 Berlin
GERMANY
11. General
11.1 You do not have the right to assign this Agreement or any of your rights to the Service. one2like has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At one2like’s election, if one2like’s rights are assumed by a third party, one2like shall be relieved of any and all Liability under this Agreement.
11.2 No waiver by one2like of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
11.3 This Agreement contains the entire Agreement between You and one2like.
11.4 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
