The following General Terms and Conditions govern the contractual relationship between Paidwings AG, Alte Steinhauserstrasse 1, 6330 Cham, Switzerland (hereinafter abbreviated paidwings) and the users and customers of its telemedia services (hereinafter referred to as User or Users). They define the conditions under which the use of the services of paidwings takes place.
The site whatsfucking.com is an offer (hereinafter referred to as the Service) of Paidwings AG, Alte Steinhauserstrasse 1, 6330 Cham, Switzerland.
The Service is a communication platform which, among other things, offers Users the possibility of presenting themselves on the internet as interested in partnerships, friendships, one-night-stands or extramarital affairs. The Service offers among other things the option to contact real, like-minded women, couples and men who would under certain circumstances like to get to know new partners. The Service also offers numerous possibilities to communicate, flirt and present one’s own self.
1. paidwings allows Users to access a centralised platform. This platform can accessed via various domains belonging to paidwings. The platform features profiles and information about other Users. After creating their own profile, Users can search for other profiles on the platform. Users can view other User profiles and make limited contact with these other Users.
2. paidwings also operates services under other names and other domains in addition to this Service. In order to be able to provide the User with the largest possible number of profiles, paidwings allows the Users of the respective Services to access User profiles of other Services across Services. Registering on this Service also means the User profile shall be published on paidwings’s other portals.
3. paidwings’s Services are offered exclusively for private, non-commercial purposes. The User agrees to only use the Service for private purposes upon registering on a paidwings Service.
4. paidwings provides both free and fee-based Services. Free registration enables the User to create a profile, view the profiles of other users and send predefined messages to other Users. Users who register for the additional paid Service may, in addition to the free services, contact other Users and send messages to them. The fee-based Service can be subscribed to for different periods of time. Before providing these Services, the User shall be informed about the liability to pay fees, the content and scope of the Services as well as the price and terms of payment.
5. paidwings keeps the system permanently available (24/7). To ensure availability, the router's output is used, which connects the data centre used by paidwings to the internet (interconnection point). paidwings provides Users of its paid Services with an average annual availability of 97%. Availability, however, is only considered to be impaired when the User has reported the error (error message) to paidwings. Interruptions caused due to force majeure are excluded.
7. paidwings may use externally contracted service providers to provide its Services, including in particular payment providers, content providers and other external service providers. Externally contracted service providers who provide Services on behalf of paidwings are not considered as third parties within the meaning of these General Terms and Conditions.
2. Conclusion of Contract
1. paidwings does not enter into contracts with persons under the age of 18. If paidwings has doubts about the User’s legal age, it will ask the User to furnish proof of age. If the User does not furnish proof of age within two weeks, paidwings is entitled to terminate the contractual relationship without notice.
If paidwings has reasonable grounds to doubt that a person is not entitled to participate, paidwings is entitled to verify the person’s personal details by requesting official papers in order to establish identification. Users who are not entitled to participate are excluded from using Services.
3. In addition to free Services, paidwings offers the User various fee-based Services (premium membership). Upon using these Services, the User enters into another contractual relationship that is separate from the free contractual relationship. These General Terms and Conditions also serve as the basis for this additional contractual relationship. The User is informed about the content, duration/term, price and terms of payment before concluding the contractual relationship on the respective Service.
By clicking the ‘Buy now’ button, the User submits an offer to conclude a contract for paidwings’s fee-based Services. paidwings will confirm the acceptance of the offer to the customer by either activating the Services or sending the customer an email.
1. The Services offered by paidwings on this Service are provided to the User free of charge as long as the User has not been informed of the obligation to pay costs before the conclusion of a fee-based Service.
2. Before the User uses such Services, the applicable prices, the method of payment as well as the duration of ongoing payment obligations shall be explained to the User within the scope of these fee-based Services.
4. Payment Conditions
1. The fee for fee-based Services is to be paid in advance to paidwings and shall be collected in full using the payment procedure selected in the ordering process.
2. If it is not possible to collect the full payment amount, paidwings reserves the right to collect this amount in separate instalments at its own discretion.
5. Termination; Contract Dissolution; Contractual Period
1. The User is entitled to terminate the contractual relationship by cancelling the contract at any time for the free Services. The User has the option of terminating the contract by providing paidwings with an explanation or by selecting the ‘Delete profile’ button within the Service. After the contract has been terminated, the User’s profile and the corresponding data records will be deleted, insofar that legal requirements do not require the storage of such data. The contractual relationship for fee-based Services must be terminated separately.
2. The User of a fee-based Service (premium membership) can terminate the contractual relationship and continuing obligation within a period of 14 calendar days prior to the end of the respective ordinary contract term. Termination of a fee-based contractual relationship must be made in writing to take effect. The declaration of termination should include the User’s full name, the Service used, email address and username used for registration in order to ensure successful processing of the termination. Termination by e-mail should be sent to firstname.lastname@example.org. Alternatively the written termination of a fee-based contractual relationship can also be sent by fax +41 (0) 41 5087019 or by post. For your assistance we have created a cancellation form, which you can simply fill-in and send to us or use as a guideline. It includes all contact details with all the necessary fields to successfully complete the termination of a fee-based service. Please click here to print out a cancellation form.
3. By way of derogation from the provisions laid down in paragraph 2, if the User signed up for a contract of less than 30 days, he/she is entitled to terminate the contract at any time.
4. Termination of the free as well as of the fee-based contractual relationship is confirmed by sending an email to the User’s current registered email address.
5. paidwings is entitled to give extraordinary notice of termination provided:
a) the User repeatedly violates user obligations in accordance with Section 6 Paragraph 5;
b) contrary to Section 2 Paragraph 1, the User does not provide proof of age at the request of paidwings.
6. User Obligations
1. The User is solely responsible for the content of his/her registration information, any other personal details provided as well as for information he/she freely provides about himself/herself. The User hereby guarantees that all the information provided in his/her User profile is true and describes the User. The intentional provision of false information entitles paidwings to block the User profile without paidwings’s claim for payment being affected. This also entitles paidwings to terminate the contract without notice.
2. The User guarantees that he/she shall not use paidwings’s Services for business or commercial purposes, in particular for advertising purposes. The User is not allowed to search the content and profiles of other Users manually or use programs to do so in order to use the data obtained for purposes outside of the Services provided by paidwings.
3. The User is obliged to keep emails and other messages as well as data from other Users confidential and to not disclose them without the third party’s consent.
4. The User agrees to keep his/her login details confidential. In the event that login details are disclosed to third parties, the User shall be responsible for all the consequences of this event. If the User suspects that the login details have been disclosed to third parties, he/she must immediately inform paidwings of this and take appropriate measures to avoid further misuse.
5. Furthermore, the User undertakes not to misuse paidwings’s Services, in particular
a. not to use it to disseminate defamatory, racist, hateful, offensive or otherwise unlawful material or information;
b. not to use the services to threaten, harass, or violate the rights (including personal rights) of other Users and third parties;
c. not to upload any data containing a virus and/or software or other material which is protected by copyright or other proprietary rights to the system or database, unless the User is the owner of such rights or has acquired the necessary consent to use such rights;
d. not to use the services in a manner that adversely affects the availability of the Service for other Users;
e. not to intercept, or try to intercept, emails or any other messages;
f. not to send emails and other messages to another User for any other purpose than private communication, in particular not to advertise or offer goods and services or for other professional or commercial purposes;
g. not to mention or insert names, addresses, telephone or fax numbers, messenger addresses, email addresses, trademarks, company names, names of other online portals or URLs in the personal description and uploaded files;
6. Failure to comply with the aforementioned rules of conduct or violation of any of the expressly arranged obligations outlined in these General Terms and Conditions shall entitle paidwings to terminate the contract without notice for good reason, as well as to immediately block the User from accessing the paidwings database. Instead of blocking or terminating a User, paidwings can also delete parts of the User profile.
7. Insofar as the User links commercial or business interests with the conclusion of the contractual relationship or uses third-party data made accessible to him/her for business or commercial purposes, or for purposes not expressly approved by paidwings, he/she is obliged to pay a contractual penalty to paidwings amounting to EUR 500.00 for each verified infringement. Further compensation claims for damages shall remain unaffected thereby.
7. Business operation
1. paidwings is entitled to check the contents and data provided by Users and to remove the corresponding data if the content violates these General Terms and Conditions.
2. paidwings is also entitled, but not obligated to examine texts, uploaded photos and pictures for compatibility with these General Terms and Conditions and statutory requirements and to remove them in case of a violation.
8. Transfer of Rights
1. The User grants paidwings a non-exclusive, transferable right not restricted to space, but limited in time by the contractual term, to use the content created or provided by him/her on the Service, including pictures, texts and videos.
2. The User guarantees that the content he/she provided or created and the usage of such content does not violate the rights of third parties, in particular no copyright or other proprietary rights.
1. paidwings assumes no liability for the content of User profiles. It has no control over the accuracy and security of information exchanged between Users or posted by Users in their profiles.
2. paidwings accepts no liability that the User profiles created in the match system and their interpretation as regards compatibility with other Users is accurate. paidwings is only responsible for the contact mediation and not for the success of the contact.
3. Furthermore, paidwings accepts no liability for financial or other non-bodily damage that could be linked with the Service, except in cases of gross negligence or wilful misconduct of paidwings.
4. Moreover, paidwings accepts no liability for unauthorised third parties gaining access to personal data of Users (e.g. as a result of hackers gaining unauthorised access to the database), except in cases where paidwings has made such access possible, either deliberately or through gross negligence.
5. paidwings also accepts no liability for third parties misusing Users' details and information that the Users share or make available to third parties.
Every User shall, therefore, indemnify paidwings against any liability, obligations, costs and compensation claims resulting from defamatory statements, insults, infringement of personal rights caused by other Users.
11. Technical Defects
1. paidwings does not guarantee the permanent availability of its websites or their technical functionality.
2. In particular, paidwings assumes no responsibility for disruptions to the quality of access to the Service due to force majeure or other circumstances beyond the control of paidwings.
12. REVOCATION POLICY
INFORMATION CONCERNING THE RIGHT OF REVOCATION
Right to revocation
You have the right to cancel this Agreement within fourteen days without giving any reason.
The revocation period is fourteen days from the date on which the contract has been concluded.
To exercise your right of revocation, you must send us (Paidwings AG, Alte Steinhauserstrasse 1, 6330 Cham, Switzerland, fax: +41 (0) 41 5087019, e-Mail: email@example.com) a notification clearly stating your decision to cancel this contract, for example, in a letter sent by post, fax or email.
To meet the revocation deadline, it is sufficient for you to send your communication concerning your decision to exercise your right of revocation before the revocation period has expired.
Effects of cancellation
If you terminate this contract, we will refund all payments received from you, including the costs of delivery (except for the supplementary costs that may arise if you choose a type of delivery other than the least expensive type of standard delivery we offer) without undue delay and within fourteen days of the date on which we have received your notice of cancellation of this contract. Unless expressly otherwise agreed, we will use the same means of payment for your refund that you used for the original transaction; in any event, you will not incur any fees as a result of the reimbursement.
If you request a service to start straightaway, i.e. during the revocation period, and subsequently cancel, you must pay a reasonable amount, corresponding to the value of the service already rendered in comparison to the total scope of the services provided for in the contract up to the date in which you inform us of your intention to exercise your right of revocation.
We will start our fee-based services at your express request before the end of the revocation period if you simultaneously acknowledge that this shall result in the expiry of your right of revocation and that you confirm that you are fully aware of this.
END OF REVOCATION POLICY