By logging on to Zaayen, users accept the following Terms and Conditions (hereinafter the “TC”) for using Zaayen.

Zaayen operates Zaayen services under the top-level domains (Zaayen.com, Zaayen.de etc.), as well as various sub-domains and aliases of these domain.

These TC shall govern the contract relationship between the user and Zaayen.

The user enters into this agreement on the use of Zaayen services with Conop Systems GbR, Seboldstr. 1, 76227 Karlsruhe.

The services provided by Zaayen are intended exclusively for persons of legal age.

The user can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all Zaayen Web sites.

1.1 The Zaayen Web site offers registered users a free private contact forum.

1.2 Any use of the services and contents offered on the Zaayen Web site beyond the scope of options provided by Zaayen requires the prior written consent of Zaayen.

1.3 Zaayen shall only make data and/or information provided by the user available for other uses provided that this data and/or information does not violate any laws or these TC. Zaayen is entitled to remove any illegal or prohibited data and/or information from Zaayen Web site without prior notice to the user.

1.4 The user acknowledges and agrees that it is technically impossible to achieve 100% availability of the Zaayen Web site. Zaayen shall nonetheless endeavor to keep Zaayen Web site available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond Zaayen's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on the Zaayen Web site.

1.5 Zaayen merely provides the user with a platform on which to establish contact with other users over created profiles, and only provides those technical applications that allow users to contact one another. As regards content, Zaayen does not take part in any communication between users. If users enter into agreements for upcoming events with one another over the Zaayen Web site, Zaayen shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. Zaayen shall not be held liable if users are unable to contact one another over Zaayen Web sites regarding such agreements. Furthermore, Zaayen shall not be liable for breaches of duty in relation to agreements entered into between users.

2.1 users must register prior to using any of the services on the Zaayen Web site.

2.2 The user warrants and represents that all of the data provided by the user for registration is accurate and complete. The user shall report any changes in the registration data to Zaayen without undue delay.

2.3 The user warrants and represents that he or she is of legal age at the time of registration.

2.4 The user shall choose a password upon registration. The user is obliged to keep this password secret. Zaayen shall not disclose the password to any third party and Zaayen shall not ask for the user's password at any time.

2.5 By completing the registration process, the user consents to enter the agreement to use the services of the Zaayen Web site. Zaayen accepts this offer by activating the membership for the use of services on Zaayen Web site. The agreement takes effect with the aforementioned acceptance by Zaayen.

2.6 Each user is entitled to register with Zaayen only once, and the user may only establish one (1) user profile.

2.7 It is technically impossible for Zaayen to determine with certainty whether any user registered with Zaayen is in fact the person he or she represents to be. Therefore, Zaayen assumes no liability for the actual identity of a user or the correctness of a profile. Each user is solely responsible for checking the actual identity of another user.

3.2 To comply with all applicable legislation, and respect all third-party rights. In Particular, the user shall not

Use any insulting or defamatory contents, regardless of whether said contents are directed at another user's rofile or personnel

Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors

Unreasonably annoy (particularly with spam) any other user (cf. §7 of the German Unfair Competition Act)

Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.

Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).

3.3 To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:

Sending chain letters

Sending identical private messages to more than one (1) user at the same time

Performing, advertising and promoting any form of structural distribution measures (such as multilevel marketing or multilevel network marketing) or

Communicating in any insinuating or sexual way (suggestive or explicit).

Zaayen reserves the right to modify the services offered on the Zaayen Web site and/or to offer services different from those offered at the time of the user's registration at any time, unless this is unreasonable for the user.

5.1 The user may terminate the Free Membership at any time without cause. The user may deliver notice of termination using the contact form available on all Zaayen Web site at any time. The termination notice shall include the user’s registered name and an email address of the user registered on one of the Zaayen Web site.

5.2 A good cause is defined as an event which makes it unacceptable for Zaayen to continue the agreement , taking into account all circumstances of the individual case and weighing the interests of Zaayen against the user's. A good cause includes any the following events

If the user fails to comply with any applicable legal provisions

If the user breaches a contractual obligation, in particular an obligation set forth in sections 2 and 3 of these TC

If the reputation of the services offered on the Zaayen Web site is substantially impaired by the online-presence of the user (if, for example, it is discovered after registration that the user has been convicted of a criminal offense, and if said conviction is known to other users);

If the user promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;

If the user causes harm to any other user(s)

If the user is a member of a religious sect or a denomination that is controversial in Germany.

5.3 In the event of a good cause in accordance with section 5.2 and notwithstanding Zaayen's right to terminate the contract in accordance with section 5.2, Zaayen is entitled to:

Delete the contents posted by the user

Issue a warning, or

Block the user's access to the services on the Zaayen Web site.

6.1 Zaayen does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the Zaayen Web site or on any external websites linked to them. In particular, Zaayen does not warrant or represent that said data and/or information is true or accurate, or that it fulfills or serves any particular purpose.

6.2 The user may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of these TC using the contact form available at all Zaayen Web sites.

Queries regarding agreement with Zaayen or regarding Zaayen services can be sent by the customer to Zaayen using the contact form available on the Zaayen Web site, or by sending a fax or letter.

Whatever the legal grounds, liability for damage claims based only on ordinary negligence against Zaayen (including its vicarious agents) shall exist only if Zaayen breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims are limited to typical and foreseeable damages.

Limits shall not apply to the extent damages are covered by Zaayen's business liability insurance, provided the insurance company has effected payment to Zaayen. Zaayen undertakes to maintain the insurance coverage existing at the time this agreement is concluded.

This shall not affect personal injury and property damage claims based on the German Product Liability Act.  

9.1 The user shall indemnify and exempt Zaayen from all actions, including damage claims, asserted by other users or third parties against Zaayen resulting from an infringement of their rights by the contents posted by the user on Zaayen Web site. Furthermore, the user shall indemnify and exempt Zaayen from all actions, including damage claims, asserted by other users or third parties against Zaayen resulting from an infringement of their rights regarding the use of the services on Zaayen Web site by the user. The user assumes all reasonable costs Zaayen incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by Zaayen, are hereby unaffected.

The aforementioned obligations shall not apply to the extent the user is not responsible for the infringement.

9.2 In the event the contents posted by the user infringes any rights of any third party, the user shall, at its own expense and at Zaayen's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the user infringes third-party rights when using the services of Zaayen Web site, the user shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by Zaayen.

Zaayen recognizes that any data provided by the user to Zaayen is extremely important to the user, and Zaayen shall therefore be particularly sensitive in handling such data. Zaayen shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, Zaayen shall not provide or otherwise disclose any personal data of the user to any third party without authorization. Details on Zaayen's treatment of the user's data are set forth in the Data Protection Policy of Zaayen.

11.1 These TC and any amendments thereto must be in writing to be valid. No secondary agreements exist.

11.2 Zaayen reserves the right to amend these TC at any time, without giving reasons, unless an amendment is unreasonable to the user. Zaayen shall give due notice of any amendments of these TC to the user. If the user does not object to the applicability of the revised TC within six (6) weeks after receipt of said notice, the amended TC shall be deemed to be accepted by the user. Zaayen shall inform the user about the user's right to object and of the relevance of the objection deadline in said notice.

11.3 Unless otherwise stated in these TC, the user may submit all notices to Zaayen using the contact form , or by letter or fax. Zaayen may send notices to the user by email, fax or post to the addresses given in the user’s current contact data in his or her user account.

11.4 If any provision of these TC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

11.5 The place of performance under these TC shall be Zaayen's main place of business.

11.6 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Zaayen.

11.7 These TC and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.