General Terms and Conditions for frilopa ®

The following General Terms and Conditions serve to ensure the safety of interactive communication for users and customers (hereinafter "users") of frilopa®, to regulate the contractual relationship between frilopa® and natural persons using the teleservices of frilopa  ®, and to stipulate the conditions under which frilopa® may be used. These General Terms and Conditions are the exclusively applicable conditions for use of frilopa® at the domains www.frilopa.de, www.frilopa.com,  www.philippinen-partnervermittlung.de , www.filipinas-love.com at including all subdomains belonging to these domains. The General Terms and Conditions are also applicable to access to these domains from outside the Federal Republic of Germany.

The user confirms that he has read and understood these General Terms and Conditions and has accepted these on registering. The user accepts the General Terms and Conditions by selecting “yes” to confirm the declaration "I have read and accepted the General Terms and Conditions “.

General Terms and Conditions

Subject of the conditions

frilopa® offers a service by which a person may search for other persons based on criteria selected in advance. frilopa® service offers both free and chargeable services. In the case of payable services, the costs are incurred either for individual use or through their access for a stipulated period of time. Registered users may always use all services. Prior to using a chargeable service, users are informed that the use of such services requires payment and which charges shall apply. These services may then be used on payment of the stipulated charges.

The following conditions regulate the use of the frilopa ® Service for frilopa ® users.

frilopa® only offers its services for private, non-commercial purposes. On registering, each user pledges to use the services exclusively for private purposes.

II. Service description

frilopa ® enables users to access the central frilopa ® database, which may be called up via various paths and interfaces: these incorporate the various domains belonging to frilopa®, including the domain frilopa®.de (which shall hereinafter be used to represent all connected domains) or via the web pages of cooperation partners in which the service and central database of frilopa® are integrated, or through one of the graphic user interfaces in cooperative partner websites modified for this purpose.

frilopa® enables its users to access the frilopa® database system by which users may get to know each other for leisure, sport, travel and partnership purposes. This database contains profiles and information about other users. The users may view the profiles of other users in the database and contact these users.

Users selecting an access to all chargeable services for a stipulated time period, may subscribe to a time-based access (hereinafter „subscription“). The cost of these sites shall be displayed to the user prior to access together with the scope of services and payment methods. The user may access these areas following payment.

Access

Access for use of the “frilopa ®.de” database system requires registration and a password and pseudonym selected by the user and allocated by frilopa ®.

On registering, the user acknowledges and accepts the provisions stipulated in these Terms and Conditions. On registering, the user enters into a contractual relationship with frilopa ®, regulated by these Terms and Conditions.

frilopa® is entitled to block access for any user using the frilopa® web site for illegal purposes, particularly for breaches against the duties listed in General Terms and Conditions.

When using chargeable services, the registered user enters into a second contractual relationship apart from the contractual relationship through registration with frilopa ®. Prior to the conclusion of this relationship, the user shall be provided on the interface with information concerning chargeable services and the conditions for payment. This contractual relationship for chargeable services is created through the user clicking the confirmation field accepting the payment obligations on the applicable internet page.

Data protection

The security and protection of user data is of the utmost importance for frilopa®. frilopa® pledges to adhere to the statutory provisions applicable to the protection of data, in particular the Federal Data Protection Act (BDSG) and Teleservices Data Protection Law (TDDSG).

In the scope of the contractual provision of services, personal data shall be collected, stored, processed and used. Personal data is data containing information on personal and factual relations of specified or identifiable users.

The user accepts that frilopa® may use the personal data in his profile, for example information such as age, sex, post code, telephone number, evaluation results of his data, picture and other information for research and analysis purposes to improve our services and structure data for use.

The user accepts that all data contained in his profile shall be visible to other users of frilopa®, including pseudonym, interests, motto, photo, age, post code etc., and shall be forwarded to the email addresses of other users or published via mobile applications to enlarge the circle of interested parties with the profile.

Finally, the user accepts that the personal data contained in his profile may be forwarded to an external service provider of frilopa® for the exclusive purpose of distributing frilopa® emails and newsletters on commission from and on behalf of frilopa®; to an external service provider for the exclusive purpose of enabling the operation of mobile network functions; and to an external service provider for the exclusive purpose of contacting him to introduce services from frilopa ®.

The personal filter settings which are entered by the user for the online domain shall be stored. Hereby is ensured that each user in each new session (by each renewed log in) is greeted with his personal filter settings. frilopa ® uses cookies as customarily used for this purpose. These cookies shall be stored permanently on the user’s hard drive.

Should a user access the services of frilopa® via a partner site (affiliate) the anonymised data shall be stored on a cookie. These cookies contain no personal data of the user, but serve exclusively for the maintenance of the partner program. These cookies are deleted automatically on registration by the user. Without registration these cookies are deleted automatically after 30 days.

frilopa® shall create user profiles using pseudonyms and provide other service providers, whose teleservices have been utilised by users, with anonymous user data for market research purposes.

Each user may object to the communication of anonymous data to a third party for purposes of advising, advertising and market research and also to the creation of anonymous user profiles under the terms of § 3 clause 6 TDDSG. To exercise this right to object simply requires an email to mail@frilopa.com.

frilopa ® shall provide the user at any time and at no charge with all information concerning stored user data, insofar as this data applies to the user.

frilopa® expressly informs the user that data protection for data transferred via open networks such as the internet cannot be guaranteed entirely due to the level of current technology. Therefore, the user assumes liability for the security of data communicated by the user over the internet.

The user accepts the use of his data under the terms described in the provisions above with his registration.

Charges

Use of services provided by the "frilopa.com" database is free of charge, insofar as the user is not informed of a payment obligation prior to utilising a service. Accrued costs for paid services and the method of payment are described for each chargeable service.

If user access should be blocked on the basis of this user committing a breach of contract, the unused credit shall be retained by frilopa® as a fixed processing charge for the prevention of the contractual breach.

Objections against calculated charges for chargeable services

Users must direct complaint concerning directly debited or invoiced charges stating the reasons for the complaint, in writing to frilopa ® within 14 days of the contested charges debited directly or on receipt of the invoice. If the user does not submit a founded objection within this 14 day period, the charges debited or invoiced are deemed accepted.

Minor service impairments do not entitle the user to a complaint. A minor disturbance of a chargeable service applies where the time period during which the user cannot utilise these chargeable services does not exceed two consecutive days. This limit is extended to a period of 5 days for Pay-Per-Use services. Complaints require the liability of frilopa® under the General Terms and Conditions for the non-availability for services.

The following applies to justified claims: Users who have paid for Pay-Per-Use services shall receive recovery for the services not yet utilised. Users who have access to all chargeable services for a stipulated period of time (subscription) receive an extension to their subscription corresponding to the period of the asserted justified claim.

In the event of a justified claim, the member is entitled to set frilopa® a deadline of 5 working days for proper fulfilment and to demand his account be credited under the terms described  above. If the basis for the complaint is not removed before the deadline expires, the member has the right to terminate the agreement. Unused credit shall be reimbursed under the General Terms and Conditions.

Members obligations

Each user is obligated to treat all emails and other messages or data from other users and connected with the use of the frilopa® database as confidential and not to make these available to a third party without the permission of the author. This also applies to names, telephone numbers, fax numbers, residential and email addresses and/or URLS of other users. The communication of any details of non-users is also prohibited.

Each user pledges furthermore not to misuse the services offered by frilopa®. This particularly refers to

not distributing defaming, obscene, pornographic or otherwise illegal material or similar information;

not using the services for the purpose of threatening, molesting or injuring the rights of others including personal rights) or to promise or demand financial or other monetary services;

not uploading data:

containing a virus (contaminated software);containing software or other material protected by copyright or trademark rights, unless the user is owner of the applicable rights or has the required permission to use such software or material;

not using it in a manner which could negatively influence the availability of offers for other users;

not sending emails to users for any other purpose than personal communication, and also not to advertise or offer goods or services to other users (excluding cases in which this is expressly permitted by frilopa®);

not sending chain letters;

not to name names, addresses, telephone numbers, and fax numbers in the personal description (profile) particularly the naming of email addresses or URLs.

In addition to any potentially pending civil and criminal penalties for the individual user, the breach of one of the conduct regulations above entitles frilopa® to terminate the contract without notice and to immediately block access to the"frilopa.com” database for the corresponding user under the terms of clause.

Alternatively frilopa ® is entitled to delete partial profiles without consultation.

In the event of an unauthorised or illegal usage being indicated, frilopa® is entitled to control contents entered by users, and where applicable to block access to this data and to immediately block access for the user under the terms of clause II. In cases of doubt, frilopa   ® has the final decision in determining whether the usage in question is permissible.

Log off and cancellation

All users are entitled to log off at any time without being required to state a reason. On logging off, the data record stored for the user’s profile shall be deleted and the contractual relationship described in General Terms and Conditions is ended. Detailed information may be found under the “help” menu item.

If a user of a chargeable service should cancel the subscription, the contractual relationship described in General Terms and Conditions remains hereby unaffected. On cancellation the user waives the right to use chargeable services which have not yet been utilised, i.e. executed payments shall not be returned to the user.

The contract under General Terms and Conditions  is automatically extended by the selected term of access (for example 1, 3 or 12 months), if the user does not cancel his contract three working days before expiry. On receipt of the payment the user is informed in his profile (“my Profile > my Settings > my Membership”) of the day on which the contract shall initially expire. The user also is sent a payment confirmation e-mail which states by which term the duration shall be extended if not cancelled in due time.

frilopa ® is entitled to partially or fully withdraw offered services at any time.

Users who have a paid and not yet utilised a frilopa ® service and who have a claim of such a service when this service is withdrawn by frilopa®, shall receive a proportional refund (credit) for the non-utilised service.

Operation

frilopa® may, but is not obliged, to inspect the content of any texts, photos or graphic files to ensure compliance with the general statutory provisions or these General Terms and Conditions and where required may amend or delete contents.

Rights

All rights to programmes, services, procedures, software, technology, brand names, trade marks, inventions and all material belonging to frilopa® are the exclusive property of frilopa ®. frilopa® is the owner of all copyrights to the above rights.

The use of all programmes and the content thereof, materials, brand names and trade marks incorporated therein are exclusively permitted for the purposes specified in these Terms and Conditions. Reproduction of programmes, services, procedures, software etc. - irrespective of the purpose – is prohibited.

Liability

frilopa® provides a database by which the user may check compatibility with other users and make contact with such other users. frilopa® has no control over the accuracy and security of information exchanged between users or entered into users' profiles. Therefore frilopa® shall assume no liability for such information. Liability is hereby excluded in all events. frilopa® equally assumes no liability for the accuracy and success of the CT profile or matches. Users may, although prohibited to do so, provide false information or use the frilopa® system for other unauthorised or illegal purposes. In the event of unauthorised or illegal use of the frilopa® system, all liability of frilopa® is excluded. frilopa® furthermore assumes no liability for the accuracy of created user profiles and evaluation thereof in connection with compatibility between other users.

frilopa® assumes no liability for the uninterrupted availability of the system and systembased malfunctions, disruptions and disturbances to technical equipment and service from frilopa ®. frilopa® shall expressly assume no liability for disruptions to the quality of access to the frilopa® service for reasons due to a force majeur or events over which frilopa® has no influence, in particular the malfunction of communication networks and gateways. frilopa® assumes no liability for minor service disruptions.

frilopa® shall only assume liability for damage arising through reasons other than the abovementioned causes in the event of intentional acts or gross negligence by it’s agencies, employees and vicarious agents and only in the relationship in which it stood in relation to the other causes contributing to the creation of damage.

frilopa® shall assume liability for minor negligence solely if an agency, employee or vicarious agent of frilopa® has breached a significant contractual duty. This liability is restricted to damage typically arising from such a breach.

All further liability is excluded.

Indemnity

Each user hereby indemnifies frilopa® from all liability and all obligations, expenditures and claims arising for damages through defamation, slander, and injury of personal rights by other users, service disruptions, injury to intellectual property or other rights by other members. Furthermore, each user hereby excludes frilopa® from all liability and all claims and costs arising from a breach of these General Terms and Conditions.

Messages

Messages from frilopa® to its users are executed via the relevant display masks following a "login" or via email. Messages from users to frilopa® must be directed to the specified address on the frilopa® website (for example mail@frilopa.com) or by mail.

Offset/right of retention

The user may only assert offset or rights of retention against frilopa®, where his demands are legally established, uncontested or recognised.

Amendments to the General Terms and Conditions

frilopa® is entitled to amend these Terms and Conditions any time. frilopa® shall indicate any amendments to the users. The user has the opportunity to contest the amended General Terms and Conditions within two weeks. frilopa® shall inform users of this right together with the notification of new amendments. If the user should not object to the amendment within this term, the new Terms and Conditions shall be applicable for the user from the day this term expires. The invalid or incomplete provision shall be replaced or amended by a provision most closely achieving the required economical result.

In general

The law of the Federal Republic of Germany shall apply to these General terms and Conditions and the entire legal relationship between users and frilopa® with the exclusion of conflicting German laws. If individual provisions of these General terms and Conditions should be or become incomplete or invalid, the remaining General terms and Conditions shall hereby remain valid.

Insofar as admissible the jursidiction for all disputes concerning frilopa® is the domicile of frilop®.

Right of withdrawal

All users have the right to withdraw from a contractual relationship with frilopa ® within 2 weeks of the beginning of the contract (date of registration) by means of a written declaration directed to frilopa® at the address indicated in General Terms and Conditions.

Texts or translations are not always clearly.

 I have read and accepted the General Terms and Conditions, Or accept the Terms if the German translation is not always clear.

Authorised representatives

frilopa® , Industriestrasse. 1, 47918 Germany, is domiciled in Tönisvorst.

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