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Terms of Use

These terms of use set out the rules for using www.the-top10-online-dating.com. and any services delivered by it (the “Website”).
PLEASE READ THEM CAREFULLY BEFORE USING THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MUST NOT USE THE WEBSITE.

TERMS THAT APPLY TO YOUR USE OF THE WEBSITE
Our Privacy Policy sets out the terms on which we process any personal information we may collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
Our Cookie Policy sets out information about the cookies used on the Website.

DISCLAIMERS
You agree that use of the Website is at your own risk. In particular, you understand that:
You are responsible for complying with applicable laws: We are not a dating service and we do not endorse the use of Dating services for unlawful means. You should ensure you adhere to all applicable laws and terms of service when using a Dating service. Certain third-party content providers prohibit the use of the Dating portal to access their services and it is your responsibility to ensure that your use of any Dating services for any particular purpose is lawful.

You should not rely on content presented on the Website: The content on the Website is provided for general information only. It is not intended to amount to technical, financial, or legal advice or any other type of advice on which you should rely. In particular, it does not constitute an invitation or authorization to use Dating services for unlawful purposes nor does it constitute legal advice on the lawfulness of their use for any particular purpose. Before taking, or refraining from, any action on the basis of the content on the Website, you must: (i) check whether the relevant Dating service meets your particular needs, (ii) review any terms and conditions which apply to that service. If you’re not sure about either of these, we recommend contacting the relevant Dating service or obtaining professional or specialist advice.

Information on the Website may be incomplete or out of date: Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date. We are under no obligation to update information on the Website and always recommend you check a Dating provider’s website before purchasing any goods or services. This Website does not include every Dating provider and every available Dating offer.
We are not responsible for websites we link to: Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. If you click on any links to other websites you will immediately leave this Website.

Advertising Disclaimer: casual-dating-sites is an advertising-supported comparison and review site. To keep this a free resource, we use links that provide us with compensation for referring you to partner Dating services any may be compensated for featuring certain providers. The ordering and scores of Dating services featured on our comparison tables/lists may be influenced by commercial factors such as overall popularity and conversion rates. Our reviews, review ratings and scores are subject to change from time to time.
Age restriction: You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms of use, you represent and warrant that you are at least 18 years of age.

Pornography
Your Content does not contain any text, image or depiction including nudity, profanity, sexual activity, sexual innuendos, sexually offensive or otherwise obscene.

Slanderous
Your Content does not slander, defame or otherwise harm the good name of others.
Hate Speech and Racism
Your Content does not include any hate speech or racist opinions, as well as does not incite others to violent acts against persons solely based on their inclusion in a specific group.

Scams
Your Content is not used to initiate or encourage any participation in a scam, market manipulation, pyramid scheme, religion, alcoholics anonymous meetings, cults, phishing or otherwise any use which may be used to extract goods and/or money from others, including any virtual property.
Warranty
You hereby warrant that you are either the sole proprietor or a designated licensee of any Content you submit through the services and that no other party’s rights are infringed or violated by using the Content through the service. You moreover warrant that no legal claim, dispute or lawsuit was filed or threatened against you or for using the Content.

Trademarks
If your Content contains a trademark, then you hereby license us an irrevocable, permanent, unlimited, worldwide, royalty-free, sublicensable, non-exclusive license to use and display any trademarks associated with your Content according to the functionality of the service.
Prescreen
You acknowledge that we cannot pre-screen all Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the service.

Disclosure of Content
You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ourselves, our users, and the public. You understand that the technical processing and transmission of the Content through the Service, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Harmless
You agree and warrant to hold us and our users harmless and to immediately indemnify us or our users for any claim of copyright infringement, trademark dilution, patent infringement or other claim arising from the use of your Content according to these terms.

3. WE MAY MAKE CHANGES TO THESE TERMS AND THIS WEBSITE
We amend these terms from time to time. Such revised terms will apply to the Website from the date of publication. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time.
We may update and change the Website from time to time to reflect changes to our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

4. WE MAY SUSPEND OR WITHDRAW THE WEBSITE
The Website is made available free of charge.
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

5. HOW YOU MAY USE MATERIAL ON THE WEBSITE
You may use the Website and its contents for your own personal, non-commercial use only. You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from us or our licensors.
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may retrieve, display and view the contents of the Website on a computer screen only. If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
However, if you are seeking to use the Website for commercial purposes or are a business user:
we exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it.
we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with i) use of, or inability to use, the Website or ii) use of or reliance on any content displayed on the Website. In particular, we will not be liable for any indirect or consequential loss or damage.

7. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
While we try to make sure that the Website is free from bugs, errors, viruses and other malware, we cannot guarantee that it will be. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain access to the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

8. Third-Party Sources and Content.

8.1. The Site enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (‘Third Party Content’).
The Site may also enable you to communicate and interact with Third Party Sources.’ Third-Party Source(s)’ means (i) third party websites and services; and (ii) our partners and customers.

8.2. We have no control over any Third Party Sources.
We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.

8.3. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.

8.4. By using the Site you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable.
You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.

8.5. You are solely responsible and liable for your interaction with a Third Party Source.
You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Smartbids GmbH, and release Smartbids GmbH from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any queries or complaints regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.

9. Ownership.
You represent and warrant that you own or have the necessary rights and permissions to use and authorize the Site to use all Intellectual Property Rights (defined below) in and to your User Submissions and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.

10. License to User Submissions.
By submitting the User Submissions to Smartbids GmbH, you hereby grant Smartbids GmbH a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and Smartbids GmbH business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof)in any media formats and through any media channels, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.

11. Prohibited Content.
You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.

12. Exposure.
You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources and that Smartbids GmbH GmbH is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and(ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive and hereby do waive, any legal or equitable rights or remedies you may have against Smartbids GmbH with respect to (i) and (ii) herein.

12.1. THE SITE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE “ BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
Smartbids GmbH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Smartbids GmbH DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT Smartbids GmbH WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.

12.2. Smartbids GmbH DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.

12.4. YOU SPECIFICALLY ACKNOWLEDGE THAT Smartbids GmbH SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT(INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12.5. YOUR RELIANCE ON, OR USE OF, ANY SITE CONTENT (INCLUDING WITHOUT LIMITATION, ANY USER SUBMISSIONS), OR INTERACTION WITH ANY THIRD PARTY FEATURED ON THE SITE, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY AS A RESULT OF OR ARISING FROM YOUR USE OF THE SITE, YOU AGREE THAT Smartbids GmbH GmbH IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH DISPUTE.

12.6. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

12.7. WE ENDEAVOR TO OFFER YOU VALUABLE INFORMATION ABOUT THE PRODUCTS AND SERVICES THAT ARE FEATURED / REVIEWED ON THE SITE.
HOWEVER, IN ORDER TO PROVIDE YOU WITH THIS INFORMATION AT NO COST, WE MUST SEEK REVENUE OPPORTUNITIES THROUGH OTHER MEANS. BY WAY OF EXAMPLE, WE MAY CHARGE A PLACEMENT FEE TO THOSE THIRD PARTIES THAT ARE FEATURED ON OUR SITE, AND WE MAY RECEIVE FEES EACH TIME A USER CLICKS THROUGH TO ONE OR MORE SUCH PARTIES AND/OR ACTUALLY PURCHASES PRODUCTS/SERVICES THAT ARE OFFERED BY ANY OF THEM. IN ALL CASES, HOWEVER, THE REVENUES THAT ARE PAID TO Smartbids GmbH WILL NOT INFLUENCE THE MATERIAL WE PRESENT ABOUT A SPECIFIC THIRD PARTY FEATURED ON OUR SITE.

13. Limitation of Liability.
13.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Smartbids GmbH SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF Smartbids GmbH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

14. Indemnity.
You agree to defend, indemnify and hold harmless Smartbids GmbH and our affiliates, and our respective officers, directors, employees and agents,from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses(including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.

15. Term and Termination.
These Terms are effective until terminated by Smartbids GmbH or you. Smartbids GmbH, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Smartbids GmbH shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section ‎15 and Sections ‎5 (Intellectual Property Rights), ‎7.3 (License to User Submissions), ‎11 (Privacy), ‎12 (Warranty Disclaimers), ‎13 (Limitation of Liability), ‎14 (Indemnity), and ‎16 (Independent Contractors) to ‎18 (General) shall survive termination of these Terms.

16. Independent Contractors.
You and Smartbids GmbH are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Smartbids GmbH. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Smartbids GmbH.

WHICH COUNTRY’S LAWS APPLY TO THESE TERMS OF USE?
These terms of use, their subject matter and their formation, are governed by German law. However, your statutory rights are unaffected.
You and we both agree that the courts of Germany will have exclusive jurisdiction or any disputes or matters relating to the Website unless you are a consumer and resident outside of Germany.

OUR AGREEMENT IS WITH YOU ONLY
No one other than a party to these terms has any right to enforce any of these terms of use.
You may not transfer, assign or otherwise dispose of your rights and obligations under these terms of use to another person or legal entity.