Terms of use
Terms of Use: farmdating.com, revised on august 2007
These Terms of Use only apply to the entire contents of the present website under the domain name: www.farmdating.com
Article 1. Definitions
1.1 Members: all registered users of Farmdating.
1.2 Service(s): the entirety of the services accessible to members from Farmdating.
1.3 Terms of use: this contract.
Article 2. Access and registration
2.1. To be a Farmdating member you must be at least 18 years of age and complete all compulsory fields appearing on the registration forms.
2.2. The membership of Farmdating is strictly private and must not be passed on or shared with any third parties.
2.3. When the conditions required for registration are met, each member will have one username and one password. This username and password are strictly private and confidential and must not be passed on or shared with any third parties.
2.4. If a member disseminates or uses these elements in a manner deemed contrary to its original purpose, Farmdating will terminate the member's Account.
2.5. The member shall be solely liable for the use of this identification information by third parties or for the actions or statements made through the member's account, whether these be fraudulent or not. The member holds Farmdating harmless against all claims of this kind. In addition, as Farmdating does not have the obligation or the technical means to check the identity of every person registered with its services, Farmdating is not liable in the event a member's identity is used by someone else. If the member has reason to believe that a person is using his or her member identification information or account, he or she must inform Farmdating immediately.
2.6. Farmdating has the right to refuse members, which shall be communicated to the applicant by email as soon as possible.
2.7. Farmdating behoudt zich het recht voor om zonder voorafgaande aankondiging inschrijvingsvereisten van diensten of producten die op de site worden aangeboden te wijzigen.
2.8. In order to become a Farmdating member it is necessary: to register and suscribe to services under the Terms of Use that are listed on the Farmdating website of the country (language) where the member resides. If the member has his usual residency in a country which is not part of those listed on the website homepage, he/she must register and take out a subscription under the Terms of Use figuring on the Dutch version of Farmdating.com
Article 3. Use of Farmdating
Upon registration the member can take advantage of access to services available on Farmdating.
3.1. Farmdating will remotely and by electronic means supply an online dating service via Internet. Farmdating's purpose is not to advise on or broker either marriage or long-term relationships. Farmdating's activity does not include organising off-line meetings, supplying access to the Internet network, or providing an electronic communication service to the public. Consequently, Farmdating has no legal obligation to identify members when they connect to the Farmdating Internet site or to monitor content published by members. Because Farmdating is technically incapable of providing such services, Farmdating does not undertake contractually to identify members or to moderate in respect of content which they publish under their own responsibility.
3.2. Farmdating cannot be held liable for false declarations made by a member. Therefore, it is imperative that members take certain precautions when arranging to meet up with another member. Farmdating assumes no responsibility for meetings between members of Farmdating, on Farmdating or during meetings between members and/or non-members as a consequence of the use of the Farmdating site and services. In addition, on a first date, it is recommended that you tell someone close to you and choose a public place (coffee place, pub, restaurant etc.).
3.3. In this respect, Farmdating reminds its members that they are prohibited from disclosing information that allows them to be identified, such as last names, postal/email addresses URL’s or telephone numbers, to other members of Farmdating through the services.
3.4. The provisions of this article shall apply without prejudice to the article "Termination". When using the services, the member undertakes in particular to comply with contract law, the rights of third parties and these Terms of Use.
3.5. The member has the following general obligations: To act fairly in respect of Farmdating and other members. To respect the intellectual property rights relating to content supplied by Farmdating and by other members. To understand that he/she alone defines the boundaries of his/her privacy and that it is his/her responsibility only to communicate to Farmdating and to other members such personal information the dissemination of which he/she considers cannot cause him/her any harm.
3.6. The member has the following essential obligations:Not to use Farmdating for professional or commercial purposes (canvassing, soliciting or prostitution) or for any non-private purposes;
Not to post, disseminate, or broadcast in any form whatsoever inaccurate or false information or content. Not to make comments, propagate or disseminate in any form whatsoever content that contravenes the rights of others or that is defamatory, injurious, obscene, offensive, violent or inciting to violence, political, racist or xenophobic and, in general, any content that is contrary to the purpose of Farmdating, current rules and laws in force or acceptable norms and standards. In particular, photographs, videos and any other information in terms of data or files supplied by a member of Farmdating must be decent and refer exclusively to the member or to a third party from whom the member has expressly obtained consent and are the sole responsability of the member concerned. Not to mention on the Farmdating website any personal information provided by a Farmdating member (such as an email address, postal address, or a telephone number) enabling a member to contact another member without using Farmdating. Not to post, disseminate, or broadcast in any form whatsoever information or content that has the effect of diminishing, disorganizing or preventing normal usage of the services, or of interrupting and/or slowing down normal circulation of communications between members through the services, such information comprising, for example, software, worms, viruses, software bombs, mass mailing, etc. Farmdating reserves the right to delete messages sent in mass mailings by a member in order to maintain the quality of use of the services provided to its members. Not to post, disseminate, or broadcast in any form whatsoever information or content that incorporates links to third-party websites that are illegal in character, contrary to what is generally acceptable and/or not in accordance with the principles of Farmdating; To use his/her password and/or ID only for his/her purpose of authentification for the services. In this regard, the member must not, without limitation, communicate, disseminate, share or make accessible, in any way, his/her passwords and/or IDs to any third party; To ensure that the personal data of his/her entourage is communicated legally and without risk of harm. The member must thus obtain the prior consent of members of said entourage to receive, on the member's behalf, an email from Farmdating. To use the services in accordance with the purpose set out in these Terms of Use.
3.7. Failure to comply with the obligations as set out above shall contitute a serious breach by the Member of his/her obligations. Without prejudice to the provisions of the article "Termination", Farmdating shall, where the member fails to comply with one or more of these obligations, be entitled to terminate the contract and will definitively delete the account of the member concerned.
Article 4. Privacy and protection of member data
Farmdating upholds the strictest of standards with respect to protection of privacy and of personal information.
Some information, comments or content (photographs or video) that the member optionally provides may possibly, under the responsibility and on the initiative of the member concerned, reveal the ethnic origin of the member, his/her nationality, religion and/or sexual orientation. By providing such information, all optional, the member concerned manifests his/her intention and, consequently, expressly consents to, and takes sole responsibility for, the processing of this mentioned "sensitive" data by Farmdating, and freely takes the exclusive responsibility.
4.1. When and why do we gather information about you? The member is asked to supply information about himself/herself when he/she registers with the service.
4.2. What sort of information do we gather? Personal information gathered by Farmdating can include your name, and/or email address, information about your physical appearance, photographs, personal values, religion, interests and your use of the service.
4.3. Who has access to your information? The information gathered about you when you register with Farmdating and subscribe to our services is used to offer you our different services. All precautions have been taken on our databases to archive your information in a secure environment. Only a small number of our employees have access to your information, which is only accessible in case of necessity. The personal information you provide at the time of registration which does not comprise your personal ad and your profile will not be accessible by third parties, nor passed on, sold or exchanged, except in the following case.
4.4. Farmdating may occasionally share general socio-demographic information that does not include names with selected partners to allow them to target their announcements (by age category, gender, etc.). In this case, we will not send these partners any information that would allow them to identify you.
4.5. Consequently, the member explicitly authorizes Farmdating to reproduce and broadcast the information contained in his/her personal ad, search criteria or profile (personal information, description, images, videos, etc.) on all or part of the Farmdating services (on the Farmdating site, on the Web, by email, Audiotel) and/or in a general manner, on all distribution media, in particular audiovisual communication (press, radio, analogue television, digital television, cable or satellite) or electronic communication (email, Internet), throughout the entire world and for the length of time established in these Terms of Use between the member and Farmdating. Furthermore, the member explicitly authorizes Farmdating to transfer the benefits of the above mentioned rights to its partners and eventual successors of Farmdating.
4.6 If you no longer wish for Farmdating or its partners to reproduce or broadcast the information comprised in your personal ad, your search criteria, or your profile, you can terminate your Farmdating account following the conditions foreseen in the article "Termination". Since this information is comprised of your personal ad, your search criteria and your profile, the termination will only take effect upon the next update or version of these communications (printed, press, audiovisual, or electronic) containing your personal ad, your search criteria and your profile information.
4.7. While on our website, we automatically log certain information about how you are using the website. For example, we use your IP internet address to help diagnose problems with our server, to administer our website, and to help identify you for our own administrative purposes.
4.8. We do not generally disclose personal information we have collected from you through this website to third parties.
4.9. Changes: Any changes to this Privacy Policy will be posted on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it.
4.10. Finally, Farmdating uses cookies, designed to store information used to identify the member while he/she is browsing on the Farmdating Internet site, in order to allow the member to continue browsing without having to re-enter this information for each new page. The member always has the option of preventing the use of cookies by modifying the options of his/her web browser.
Article 5. Intellectual property
Content broadcast by Farmdating 5.1. The trademarks (including Farmdating and taking into consideration that this is an open-ended list), logos, graphics, photographs, animations, videos and texts featuring on the Farmdating site and in the Farmdating service are the intellectual property of Farmdating or its partners and may not be reproduced, used or represented without the express permission of Farmdating or its partners, under threat of legal action.
5.2. The rights of use accorded by Farmdating to the member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and to use of these documents for private and personal purposes in the scope of and for the duration for of the member's membership with Farmdating. Any other use by the member is prohibited without the authorisation of Farmdating.
5.3. In particular, the member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the services, the Farmdating site pages or software codes for elements comprising the Farmdating services and site.
Content provided by members
5.4. The member grants Farmdating a licence to use the intellectual property rights attached to the content provided by the member for the purpose of broadcasting on the Farmdating Site.
5.5. This licence in particular incorporates the right for Farmdating to reproduce, represent, adapt, translate, scan, use for publicity purposes, commercial or non-commercial, sub-licence or assign the content concerning the member (information, images, videos, descriptions, search criteria, etc.) on all or part of the Farmdating services (on the Farmdating site, by email) and/or in mailings sent by Farmdating and, in a general manner, on all distribution media, in particular electronic (email, SMS, MMS, WAP, Internet, CD-Rom or DVD-Rom), or through audiovisual communications media (press, radio, analogue television, digital television, cable or satellite).
5.6. The member expressly authorises Farmdating to modify this content in order to conform to the look and feel of the Farmdating services and/or other communications media above, and/or to make this content compatible with its technical processes or appropriate media formats. These rights are awarded on a global basis for the legal duration of the rights awarded, under Dutch and foreign law, as well as current and future international conventions including any extensions that might eventually be agreed to this duration. The member is prohibited from copying, reproducing or otherwise using for any purpose the content relating to other members, except for the explicit requirements for usage of the services for the member's own strictly personal and private purpose.
Article 6. Termination
6.1. A member may at any time and without the need to provide any reason end his/her registration by requesting the closure of his/her account in the area of the Farmdating site designated for such purposes. Such request shall be deemed effective from the first working day after receipt by Farmdating of the request for closure of the account concerned.
6.2. Without prejudice to the other provisions here of, where the member commits a serious breach, Farmdating will terminate the member's account without prior notification or warning. Such termination shall have the same effects as a termination by the member.
6.3. Without prejudice to the other provisions here of, where the member commits a breach, Farmdating will terminate the member's account seven (7) days after having sent to the member an email requesting unsuccessfully that he/she comply with these Terms of Use.
6.4. Such termination shall take effect without prejudice to any damages that Farmdating might claim from the member or his/her beneficiairies and legal representatives, in compensation of the harm suffered as a result of such breaches.
6.5. The member will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the member will be destroyed at his/her request or upon expiration of the legal time period following the termination of the member's account.
Article 7. Liabilities and warranties
7.1. Functioning of the Farmdating site and services To use the services, the member must have the necessary hardware equipment and software and the necessary parameters required to properly use Farmdating: Navigator Internet Explorer 6 or equivalent, Javascript functions enabled, cookies enabled, and pop-ups enabled.
7.2. The member must have the skills, hardware and software required to use the Internet or, as appropriate, Internet, telephone and audiotel services, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
7.3. Farmdating does not guarantee that the services will function if the member activates a popup killer tool. In this case, the function should be deactivated before using the service.
7.4. Farmdating does not guarantee that the services will be usable if the member's internet service provider is unable to provide its service properly. In this context, Farmdating cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the Farmdating site resulting from incorrect hardware, problems experienced by the member's internet service Provider or blockages on the Internet networks or for all other reasons outside the sphere of influence of Farmdating. More over, due amongst other things to the specifics of their Internet browser.
7.5. Under these conditions, Farmdating does not guarantee that the services shall function without interruption or error. In particular, the use of this site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, Farmdating shall inform its members prior to maintenance work or updates.
7.6. Information and content supplied by the members The information supplied by a member of Farmdating must be accurate and conform to reality. The consequences of disclosing information on the life of the member or of other members are the sole responsibility of the member concerned. It is the member who takes the initiative to divulge and disseminate via Farmdating personal information, data, text, content and images. Consequently, he/she waives all recourse against Farmdating, notably on the basis of any possible damage to the member's right to his/her image, the member's honor and reputation, or the member's privacy, resulting from the dissemination or revelation of information concerning the member under the conditions foreseen by this agreement, in particular by article 5 since the member has given his/her prior, free and express consent to such revelation through his/her registering with the service and in application of these Terms of Use.
7.7. Farmdating cannot be held liable for (and the consequences of) the accuracy or inaccuracy of the information and content provided by other members, site visitors and/or the member himself/herself. Correspondingly, Farmdating cannot be held responsible for content distributed by a member that might contravene the rights of one or more other members or third parties.
7.8. The quality demanded of the Farmdating meeting service by both Farmdating and its members necessitates compliance with certain ethical standards in members' expression and behavior, respect of third parties' rights, and compliance with applicable laws and regulations. In the scope of this requirement for quality, individual responsability and ethics, Farmdating allows members to notify Farmdating, on the Farmdating site, the data (photograph, text, video), behavior or words of a member which seem to them to infringe applicable laws or regulations, the image or the purpose of the Farmdating service, the rights of any third party, or general good standards. Consequently, members acknowledge and accept that the data they provide, as well as their behavior and words on the service, may be notified by other members, moderated and/or monitored by Farmdating, on the basis of objective assessment criteria. Where such notification or monitoring reveals a breach by a member of any applicable laws or regulations or of his/her contractual obligations, the provisions of these Terms of Use, in particular the article "Termination", may be applied.
7.9. In the case where the responsibility of Farmdating is pursued due to a breach by a member of his/her obligations as defined in the scope of the law or by these present Terms of Use, the member undertakes to protect Farmdating against all claims or damages against Farmdating, including full indemnification for any costs that might be incurred including lawyers' fees and court costs.
7.10. Farmdating can supply or third parties may include hypertext links to other websites other than the Farmdating site and to Internet sources. As Farmdating is unable to supervise these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be responsible for their content, advertising, products, services or any other elements made available on or from any of these external sites or sources. Any difficulty relating to a hypertext link must be submitted to the administrator or webmaster of the site to which it pertains. It should, furthermore, be noted that the consultation and/or utilisation of these external sites and sources are governed by their own Terms of Use.
7.11. Finally, if during the scope of a search performed on the Farmdating site where the result of this search would point the member to access sites, pages or forums of which the content and/or purpose constitutes a violation of the Dutch law, the member is required to cease consultation of the site concerned in order to avoid being held responsible for such violation.
7.12. Farmdating can be held responsable by a member only where certain and definitive proof is adduced before the courts demonstrating a wrongful act committed by Farmdating having caused that member damage.
7.13. In this regard, Farmdating shall in no circumstances be liable for direct or indirect damage to the member where the member's behavior contributed to the occurrence of the damage he/she claims to have suffered. By way of illustration, Farmdating shall not be liable for direct or indirect damage suffered by the member in the event of non-performance or incorrect performance of these Terms of Use by the member.
7.14. These Terms of Use, and the pages on the Farmdating site to which these terms refer, constitute a contract that governs the relationship between the member and Farmdating.com. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of Farmdating and of the member.
7.15. If any of the provisions of these Terms of Use is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, failure by a party to take action in respect of the breach by the other party of any provisions of these Terms of Use, shall not be interpreted as constituting a waiver by said first party of the right to take action in future in respect of such a breach.
Article 8. Jurisdiction and applicable law
8.1 The Terms of Use figuring on the Dutch version of Farmdating.com are leading.
8.2 These Terms of Use shall be governed, construed and applied in accordance with Dutch law, and in the event of dispute as to the meaning of a term or provision of these Terms of Use the language of interpretation shall be Dutch. Subject to mandatory public order rules applicable to court jurisdiction, only the courts of Almelo (The Netherlands) shall be considered competent for all litigation relating to these present Terms of Use, inclusive, without this list being limiting, and to their validity, their interpretation, their execution and/or their termination and the consequences there of.