This Internet communication platform (hereinafter referred to as the Forum) is provided by Data Becker GmbH & Co.KG (hereinafter referred to as DATA BECKER) in order to allow participants (i) to exchange information on functions and features of “web to date” software products, and (ii) to exchange opinions, recommendations, tips and gimmicks with other participants.

§ 1 Scope of Agreement and Participation Requirements

(1) The following Terms of Use shall set the binding terms and conditions for any use of the Forum by its participants towards DATA BECKER.

(2) The use of the Forum is subject to prior registration. By completing the registration application, the respective participant expressly consents to these Terms of Use and declares that she/he has read and fully understood these Terms of Use. The participant is obliged to fully and truthfully complete the registration form. If any change occurs after the registration which affects the correctness of the data provided upon registration application, the participant shall correct such data immediately. DATA BECKER reserves the right to reject any single registration at any time with no obligation to state any reasons for such rejection.

(3) DATA BECKER reserves the right to modify and amend these Terms of Use at any time. There will be no personal notification of single participants on any such modification or amendment. It is within the participant’s responsibility to check the up-to-dateness of the Terms of Use from time to time, which at any time shall be provided on www.todate.com. However, with each login to the Forum, the participant anew declares his consent with the Terms of Use in effect at that time.

(4) Any participation in the Forum is granted under the provision that participants are of age and fully capable to contract; by applying for registration, the participant declares to meet these requirements

§ 2 Lawful Use of the Forum

(1) The communication means offered within the Forum are for private use only. No use is granted for commercial purposes including, but not limited to, solicitation. The distribution of bulk messages with identical or almost identical content (“spamming” or “junk mails”) and/or data or software which may affect the hardware or software of other participants without their prior consent is likewise prohibited. In addition, the participant shall refrain from any action which could impair the operation and/or usability of the Forum.

(2) The participant alone is fully responsible for all content entered by her/him into the Forum. She/he is not entitled to enter, distribute and/or offer any unlawful or indecent content including, but not limited to, messages or data which are violating criminal laws, are pornographic, youth endangering, racist, libellous, violent, inhuman, or which otherwise violate the personal rights of others. This also applies to any indirect entering of such content by posting or communicating hyperlinks to respective third party sites.

(3) The participant is obliged not to post illegal content on the Forum’s Internet sites including, but not limited to, content violating third persons’ personal, commercial and/or other rights including to copyrights and trademark rights. The participant shall release, defend and hold DATA BECKER harmless from and against any third party claims, including to DATA BECKER’s attorneys costs, resulting from an actual or alleged violation of third party rights caused by participant’s content entered into the Forum.

(4) DATA BECKER reserves the right to delete any piece of content posted in the Forum at any time without stating a reason for deletion. There is no guarantee that pieces of content may be posted to, or be kept in, the Forum whatsoever.

(5) All participants shall maintain a tolerant and respectful communication style when using the Forum. Deliberate provocations and exaggerated polemics are not desired, regardless their legal evaluation.

§ 3 Rights and Obligations of DATA BECKER

(1) Participation in the Forum cannot be claimed. DATA BECKER strives to provide a hassle free operation of the Forum. However, DATA BECKER does not warrant that the Forum is available or accessible at all times, or that the Forum as such will be maintained and kept at all.

(2) DATA BECKER as well as the participant shall be entitled to terminate the membership to the Forum at any time and without any reasons to be given.

(3) DATA BECKER will keep the privacy of participant’s data provided upon registration application or in the course of data corrections thereafter, and will store and use these data for the purpose of operating the Forum only. These data shall not be transmitted to third parties. The participant hereby declares her/his consent with the generation, storage and use of her/his data for the above said purpose.

§ 4 Liability of DATA BECKER

DATA BECKER shall not be liable for losses and/or damages (including, but not limited to, loss of goodwill, profits, contracts, anticipated savings, data or data restoration expenditures or any other indirect or consequential loss or damage) unless such losses or damages have occurred due to DATA BECKER’s intent or gross negligence and were reasonably foreseeable to both parties. However, DATA BECKER does not exclude or restrict liability for death or personal injury resulting from DATA BECKER’s negligence. Nothing herein shall affect any inalienable statutory rights which participants may have. These rules shall apply accordingly to losses and damages caused by auxiliary persons acting on DATA BECKER’s behalf.

§ 5 General Conditions

These Terms of Use and any participation in the Forum shall be subject to the laws of the Federal Rebublic of Germany without giving effects to its conflict of laws statutes. The UN purchasing law is ruled out. Should individual parts of these Terms of Use be or become invalid, this shall not impair the validity of the remaining provisions. The parties will in this case agree on a valid provision to replace the invalid provision and which most closely approximates to the commercial consequences sought in the invalid provision. Collateral agreements have not been entered into.

Release: March 23, 2011

© 2011 by Data Becker GmbH & Co.KG