General terms and conditions MeaCity
MeaCity is a chat and dating facility which is accessible for members via Internet and telephone. By registering as a member of both the chat as well as for the dating in MeaCity you are accepting the terms and conditions of MeaCity and you will enter into a legal agreement with MeaCity BV. If you do not agree to the terms and conditions registration is prohibited.
Article 1. Definitions
MeaCity is both a free chat -and datingsite of which for additional applications a monthly contribution is required.
1.1. The free and paid services may periodically be adjusted whenever MeaCity think it is suitable to do so. Also can the monthly fees for the additional applications be adjusted.
1.2. If one does not act or behave according to the guidelines of MeaCity, MeaCity is entitled to block cq. to refuse access to all facilities without any further notice. Fees already paid in that case will never be returned.
Article 2. Access and registration
For dating in MeaCity each member must be a at least 18 years of age and he or she needs to fill in all mandatory fields of the registration form. For the chat it is considered that each member is at least 12 years old. MeaCity is not responsible or liable if you as a member do not meet with the age limit and you still register as a dater or chatter and consequencialy experience any damage either. Because MeaCity is limited in its control capabilities regarding the identity of the members, each member indemnify MeaCity by acceptance of these terms and conditions of any and all liabilities relating to the incorrect age of contents and also for any liability if the identity of a member is used by someone else. If a member suspects incorrect use of his/her data then it is obliged to notify MeaCity directly in order to allow MeaCity to
respond adequately and, if necessary, to take measurements.
2.1. Portability of data
Each membership of MeaCity, whether free or not, is personal and not transferable.
2.2. Liability data
After registration you will obtain, as a member, your own logincode and password. These are considered personal and confidential and to be treated as so, and therefore not transferable to third parties. MeaCity accepts no liability for the loss of the logincode and/or password by a member. MeaCity is also not liable for misuse of the information provided by you. Each member bears itself the responsibility for proper use of the by him or her received data. As such, the member is solely responsible for use of his or her data whether or not in good faith. By acceptance of the terms and conditions each member indemnify MeaCity for each liability relating to the information provided by him or her data and the use thereof by third parties whether or not in good faith.
2.3. Refusal of members
MeaCity has at all times the right to deny members, without any giving reasons whatsoever.
2.4. Access to the website and services
The member needs to have knowledge of the hardware and software that is required for working with the internet, or where applicable, with internet services.
The member must also acknowledge that on the use of telephone services and audiotel services and its properties, as well as the limitations of the Internet it is not possible to give any guarantees on the safety, availability and integrity of data processing via the Internet. In order to be able to make good use of the services, the member must have the appropriate hardware, software and parameters which is required for a proper use of MeaCity. MeaCity is not obligated to programme its website cq. to adjust it , so that it should be possible for each member and/or visitor to access the website and its functionalities.
Article 3. Directives
It is strictly prohibited to use MeaCity in any way unlawfully or to make use of acts or offences that are inconsistent with generally applicable norms and values and/or guidelines of MeaCity.
3.1. For MeaCity , the following guidelines are valid:
It is strictly prohibited to distribute information, obtained through MeaCity in any way, both directly and indirectly, without a written permission of the ones it might concern, both employees of MeaCity cq. as well as members or visitors to the website of MeaCity. Use of data and/or images of MeaCity for wrongful and/or harmful purposes is strictly prohibited. Infringement on the privacy of third parties is not permitted. This might concern the distribution of received (private) messages, photos, images, or flirts without permission of the parties concerned. Use of profanity and or pictures, racist expressions, pornographic texts and or images, profanity, offensive statements, malicious software, secret or confidential information of third parties and all other harmful texts, pictures or any is strictly prohibited. Unauthorized use of all data available on MeaCity will be classified as a criminal offence and as a violation of privacy and will be notified to the proper authorities, such as the police, instantly.
3.2. Usage of personal data of others
Through acceptance of the terms and conditions you certify that you will not use the personal data of third parties, over which you gained via MeaCity , for any purpose, including the transfer of such data to third parties or the sending of mailings or other actions. You agree not to send or distribute any junk mail , spam , chain letters, bulk mailings "or dissemination of email to members or former members.
3.3. Disturbing members
You also agree not to disturb any members by continue sending mails or flirts or appointments if it has indicated no intrest in contact. Even if a member indicates nothing cq. not respond to your intrest, repeatedly contacting the member will be seen as slander MeaCity will terminate your membership without any further notice. refunds will not be applicable.
3.4. Correspondence members
Correspondence between members an visitors is considered to be neat and conducted in a non-offensive way. If obscene language is being used MeaCity is entitled to terminate the membership without giving any reasons or accountability to the member it may concern. In order to maintain the quality of all approaches between members, MeaCity is entitled to check all communication, calls and correspondence and to where necessary modify and or delete its content without any given reasons or accountability to the member.
3.5. One-time registration
A registration shall take place only once in order to avoid MeaCity pollution in the number of memberships and present profiles. If you are using multiple accounts to circumvent attempts one-time registration this will be seen as a violation of the directives and therefor MeaCity reserves the right to declare this bahaviour as fraud to the police.
3.6. Unused accounts
From the point of view of safety and quality MeaCity will cancel the accounts of members that haven't used the services for at least six months regardless of whether this as Free or Full member. This six-month period will commence from the last day of the login od the member, therefore, to six months thereafter.
Article 4. Rates and payment terms
All prices stated are inclusive of sales tax (VAT) and other charges of any kind from the Government.
4.1. Adjustments of prices
In case of an agreement in which the member pays a periodic membership amount, MeaCity is entitled by means of notification, or writing by post, by email or through an announcement on the website to adjust prices and tariffs at any time.
4.2. Objection adjustment of prices
In case a member does not wish to agree with the MeaCity expressed adjustment of prices and tariffs of the services of MeaCity, MeaCity is entitled to cancel the contract within seven working days after the notification referred to the articles in the agreement, in writing by registered mail, or by email against the date specified in the notification in which the price or price adjustment is mentioned. All invoices in accordance with the stated on the invoice paymentterms should still be paid.
4.3. Procedures in case of non payments
Amounts which are not paid within the agreed period will be increased with legal interest and offered to a collection agency. If the claim for collection is offered to the collection agency, all additional costs, both judicial and extra-judicial costs will be charged to the debtor. The claim will also be increased by administration costs which will be determined at the time that the collection is offered to the collection agency.
4.4. Automatic renewal of the membership
If the member choses for the automatic renewal option, the membership automatically will be renewed for the same period, at the rate then acutal and the payment method that the member has chosen originally when registering. The member can termintae automatic renewal at any time if or when he or she desires. Such termination will take effect in that case, per the next expiration date of the membership.
4.5. Refund of amounts
Refunds of amounts paid once is not possible, even if the member wants to terminate the membership prematurely for whatever reason. Also, there can be no damage amount claimed if there is, by using the website of MeaCity and its associated services, damage encountered in any manner whatsoever. Using the website of MeaCity and its associated services is entirely at the own risk of the visitor cq. member of MeaCity.
4.6. Credits MeaCity
MeaCity offers chatters and daters the possibility to buy MeaCity credits. Through these credits one can buy virtual goods and items in the 3D environment of MeaCity and use them as such. If a chatter or dater in the 3D environment of MeaCity has purchased virtual goods through credits one can not swap the credits for the representative value of which the credits stand for. It is also not allowed to transfer or sell the virtual goods to other users of the 3D environment.
4.7. Terminating membership
If you no longer wish to use the website and the associated services of MeaCity all the usage rights will expire which belonged to the member when registrated. Also purchased credits will be eliminated and there can be no claim made on any exchange of already purchased credits for virtual purchases made in the 3D environment.
Article 5. Privacy and protection
It is forbidden to publish private data, email addresses, phone numbers, addresses, last names, URLs, ICQ numbers, or other personal related information, that members outside MeaCity can use to get in touch with each, on a profile. other can act, the appeal or profile. Also requests as such made by other members or visitors is not allowed.
5.1. Publishing of photos / pictures
It is forbidden to publish pictures of a sexual nature, or photos of which in common are considered as inadmissible, or which in the opinion of MeaCity are being assessed as incorrect to publish. MeaCity reserves the right, without giving reasons, to delete photographs, animations, or any other images.
5.2. Profiles check
Profiles are being checked by MeaCity and, if necessary, modified or deleted, without giving any reasons and or accountability to the member, if in the view of MeaCity they don't fit into the policy of the website and the services of MeaCity.
5.3. Provided information
The information provided by the member should be up to date and correct information in order to prevent misleading of other visitors and members. If it appears that the information is incorrect, for whatever reason, then MeaCity is entitled to remove the member without giving any reason. For the sake of good order and as already mentioned earlier, once paid amounts are not refundable.
5.4. Disclosure of private data
The consequences of disclosure of private data are solely the responsibility of the relevant member. The member takes the initiative to disclosure and dissemination of personal information, data, text, content and images via MeaCity. Partly because of this, the member indemnify MeaCity, in particular on the basis of possible damage to the image, reputation or privacy of the member, resulting from the dissemination or disclosure of information about the member via the website of MeaCity.
5.5. Purpose of MeaCity
MeaCity is only designed for interaction between visitors and members and therefore not a sounding board for messages other than allowed by MeaCity. Purpose of the website is to bring visitors and members together with a possible result of friendship or a relationship. For the chat section the possibility has been created to communicate with each other.
5.6. Unauthorised advertising
If the member cq. visitor is spreading adverts or misuses MeaCity for other purposes other than for which it is intended, the member will be removed directly and no refund of monies will be paid. It is not allowed to use MeaCity for the provision of products or for advertising purposes or other commercial purposes other than allowed by MeaCity.
5.7. Control of communication
All communication by members is regarded as private and will not be available to third parties for whatever reason. MeaCity however, retains the right to check each communication with or without the consent of the parties concerned.
5.8. Provided data when registered
All information provided at registration will be accessible for Full members except address data (if specified) and date of birth. The age of each member will be for the benefit of the search profiles. MeaCity reserves the right for Free members or visitors to be able to show this data if it seems appropriate. MeaCity is not responsible if information and photos of a member are shown incorrectly and thereby create an incorrect impression for other interested in the profile of that perticular member.
5.9. Personal call on the profile
All information in the personal call, search criteria and profile is accessible through the website of MeaCity and via email (newsletters). In addition, this information can directly be sent by MeaCity or by our partners in newsletters or on third party websites, electronic (email, SMS, etc.) or audiovisual (radio, television, and so on), or through the written press (newspapers, magazines, and so on) to people who are interested in MeaCity. By the promotion of these personal calls, search criteria and profile, chances increase to meet someone with common interests.
5.10. Demographic data
Specified information can be used for the study of demographic data. These data reveal absolutely nothing about individuals, but are relate to bundled information such as: how many men/women are visiting the site, in which age group is the largest amount of visitors concentrated, which articles are most popular, etc. MeaCity is allowed to make this data available to third parties (commercial). Examination of this information allows MeaCity to add more functionalities in the website to the wishes of the affiliated members.
5.11. Security of the website
MeaCity has tried to protect the website so that all data are stored in a secure environment. Only a limited number of employees of MeaCity have access to the data in order to ensure the quality and prevent abuse. Personal data which at the time of registration has been supplied otherwise than in the personal call, profile and photo (s), are not randomly accessible to third parties. Address information is only registered in payment obligations. Creditcard information will be, as soon as payment is made, fully treated under bank secrecy.
5.12. IP-address data
For security reasons, MeaCity saves the ip address of the computer connection of each member. MeaCity reserves the right, in case of abuse, to investigate on the basis of the ip address information about the member and his/her connection.
Article 6. Intellectual property
Each member agrees that, without the express prior written permission of MeaCity and the owners of intellectual property rights he/she no material visible on, or submitted by our site will edit, disclose, distribute or reproduce. This includes photos, profiles of members, articles, opinions and other content of the website.
6.1. Usage of Intellectual property
MeaCity is entitled to use intellectual property rights attached to content that is provided by members, on the website (s) of MeaCity. This is in particularly applicable to duplicating and displaying content that relates to members on the website (s) of MeaCity or any part thereof and/or in mailings and newsletters of MeaCity. MeaCity is entitled to the change or modify the content to suit the design of the website (s) of MeaCity and/or technical requirements.
6.2. Permission for Intellectual property
Each member provides MeaCity permission to use the intellectual property rights of the content that is provided by members with the aim to spread this content on the website of MeaCity.
This permission shall include, in particular the right for MeaCity to duplicate, display, adapt, translate, scan, betting for publicity purposes, both commercial and non-commercial, sublicense or transfer content that relates to the members (information, photos, video, images, descriptions, search criteria, etc.) through all or part of the MeaCity services (on the MeaCity website, via email and via Audiotel) and/or in mailings that MeaCity sends and, more commonly, via all distribution media, in particular certain electronic communication media (e-mail, SMS, MMS, WAP, Internet, CD-ROM or DVD-rom) or audiovisual communications media (press, radio, analogue television, digital television, cable, or satellite).
6.3. Permission for adjustments on provided data
The member gives MeaCity the explicit permission to adapt all content to the appearance of the MeaCity services and/or other above-mentioned communications media, and/or to adapt this content to technical requirements or correct media-formats. Members are not allowed to copy content that relates to other members, duplicate, or in any manner whatsoever to use content from other members other than for the use of the services for personal purposes and private use of the member itself.
6.4. Usage of information
The charges by MeaCity granted to members are strictly limited to the use of these documents for private and personal purposes within the framework and during the duration of the membership at MeaCity. All other use by members without the explicit consent of MeaCity are strictly prohibited.
6.5. Abuse of content website
It is in particular prohibited to access the services, webpages of MeaCity and the computer codes or elements that make up the services of MeaCity in any way whatsoever for the purpose of editing, copying, duplicating, or downloading or to broadcast, transmit, or commercially use and/or distribute.
Article 7. Termination
A membership in MeaCity van and may, at any time be terminated. This can be done by unsubscribing through the website or by registered mail.
7.1. Termination by MeaCity
MeaCity is entitled to terminate each membership and other agreements without further notice, judicial intervention or prior notice with immediate effect and/or access to MeaCity in whole or in part and whether or not to block access temporarily, if the member not complies properly or fully to one or more obligations towards MeaCity or in contravention of legal requirements. The membership can be terminated with immediate effect as a result of repeated, apparently well-founded, complaints about annoying/unacceptable chat/email behavior, which reaches MeaCity through other members, or in case of shortfall in payments or attempts to transfer membership to third parties.
7.2. Confirmation termination of membership
The member will be informed by email, or receive a confirmation of the termination of his/her account. Personal data of the member will be deleted at his/her request or after the expiration of the prescribed period following the lifting of the account of the member.
7.3. Non- attributable shortcoming
If MeaCity, due to a non-attributable shortcoming for a period longer than a month in a row did not comply towards its obligations, both MeaCity and its member have the right to terminate the agreement by means of a written statement.
Article 8. Liability and warranty
Offers which are offered through the site of MeaCity do not fall under the responsibility of MeaCity and therefore there can be no rights against MeaCity whatsoever. MeaCity refrains from any guarantee unless this is expressly agreed in writing and signed.
8.1. Responsibility in case of damage
MeaCity is not responsible for any damage, either emotional damage, personal injury, intellectual damage, damage to equipment, damage to your computer, damage to your software and/or all other not mentioned damage which has arisen through the use of cq. visit to the website of MeaCity. Use and/or a visit to the website of MeaCity is and remains at your own risk.
8.2. Liability related to expectations
MeaCity can never be held liable if expectations can't be met. Guarantees regarding finding of friendships, partners, chat and email friends, and all other expectations do not fall under the responsibility of MeaCity. MeaCity can also not be charged if there are negative aspects in the relationship and or friendship atmosphere arising in any way by using and/or visiting the website and services of MeaCity. Annoying behavior and speech use by other members falls outside the responsibility of MeaCity.
8.3. Own responsiblity members regarding content
It is possible that certain data, comments, or content (photos and video) that members at their own discretion and at their own risk and initiative reveals, the ethnic origin, nationality, religion and/or sexual preference of a member. By providing such information, entirely optional, the member has taken by his/her own intention and therefore declares expressly to be solely responsible for the processing of these sensitive data by MeaCity. The member expressly accepts the own full responsibility.
8.4. Responsibility of appointments and meetings with members
MeaCity is not liable for incorrect statements made by members. If you decide to a meeting with another member or user of MeCity, which is caused by use of MeaCity this is entirely at your own risk. It is important that each member or visitor is well aware, prior to a meeting, that there are risks involved to a meeting. MeaCity therefor can bear no responsibility for any meetings, the responsibility lies with the member itself. Moreover, it is advisable to inform someone in your near environment before a first appointment and to meet in a public occasion (café, a bar, a restaurant etc.)
In this context MeaCity explically expresses to all its members that they are oblige, by using the services of MeaCity, not to disclose any private data on which they could be identified (such as last name, email-address or telephone number).
8.5. Functionality of the website
MeaCity is committed to have the website function as optimally as possible. Despite these efforts, there can be no rights regarding the connectionto the website nor can Meacity be liable at any time if there is not an optimal functioning of the site. Interferences and similar attempts as soon as possible to be solved and not covered by any warranty where towards MEACITY rights can be connected. MEACITY cannot guarantee that the service won't be interrupted by failures. MEACITY committed to defects in the service as soon as possible. MEACITY cannot be held liable for the dissemination of any information with virus ge?nfecteerde.
8.6. Cookies
MeaCity uses cookies while using the MeaCity website on which data of members are being saved. This allows members undisturbed surfing, without typing information on each page again and again. Members, who don't appreciate the use of cookies, can modify this in the relevant options in their internet browser.
8.7. Liability regarding damage because of the use of MeaCity
MeaCity cannot be held liable for any indirect damage, including consequential damage, nor can MeaCity be held liable to reimbursement of business interruption, loss of profits, damages resulting from loss and/or unavailability of the Internet, damages caused by the leaking of confidential information, damage caused by electronic failure or damage ensuing from claims by third parties against the members.
8.8. Indemnify liability by third parties
By acceptance of these terms and conditions the member or visitor indemnify MeaCity for all claims of third parties relating to the use of the service by members and/or inadequate compliance by members of any obligation towards MeaCity whether or not arising from these terms and conditions.
Consequences of failure regarding the performance of MeaCity towards third parties, which is caused by or due to practices of members will always be for the risk and responsibility of the relevant member.
8.9. Responsibility due to actions of third parties
For actions made by third parties, Meacity can not be held liable for the consequences of these actions of these third parties who gain themselves access to the website, or send mail messages or provide information to members and changes.
Article 9. Final Provisions
If MeaCity decides to an acquisition or a merger with another party, or is inherited or decides to any other form of cooperation with another company, all rights and obligations between the member and MeaCity will pass into this new form of cooperation without requiring the permission of the member before or after this change in the coorporation.
9.1. Applicable Law
Should a a component or provision in these terms and conditions prove to be invalid or not applicable, this will not mean that all the other legal provisions are not valid and that the entire general conditions should again be proposed to you for acception for you as a member.
All relations between members and MeaCity is governed by Dutch law. Disputes between members and MeaCity will be brought before the competent court in Amsterdam; or, at the choice of MeaCity, to the competent judge of another residence.
9.2. Violation of the terms and general conditions
If the general terms and conditions are violated or are not complied with then MeaCity is entitled to delete the member without giving any reason directly from her website. If any article or directive of the general terms and conditions are not clear or fully understood and the visitor or member still accepts the general terms and conditions he or she can not declare any rights towards the acceptance regarding misunderstanding or the fact that the rights and terms are not clear.
9.3. Modifications of the terms and general conditions
In the case of modifications to the terms and conditions and/or directives is MeaCity is entitled to do this without prior notice. MeaCity is also not obligated to pronounce this to members or visitors should there be any modifications to the terms and general conditions and/or guidelines afterwards as known by members cq. visitors of the website. Visitors and members must regularly inform themselves about the timeliness of the General conditions at all times.