General terms of the transaction (AGB)
The following General Terms of the Transaction (AGB) are to set the general conditions of the contract between Scibile Network SA, Via Lugano 18, 6982 Agno, Switzerland (henceforth designated 'Scibile') and the user, pertaining to the use of the web page www.studiohotline.com.
By registering, Scibile and the user stipulate a contract, whose base are these AGB. The user accepts furthermore what is stated in 'Info on privacy' as an integral part of these AGB.
Services and charges
Scibile offers a service enabling people to search for other people according to variable criteria.
There are available both free and paid-for services. Paid-for services may be charged either for a once-off use, or for a continued use during a pre-determined period of time ('subscription').
Before accessing paid-for services, the user will be informed of the terms of his/her contract with Scibile. The respective duties, the amount to be charged, the volume of the services, and the modes of payment, will all be duly, step-by-step described on the web page. After having successfully completed his/her payment and clicked the 'confirm' key on the web page, the user can immediately benefit of the paid-for services.
Scibile offers its users access to Studiohotline's central data bank ('data bank').
Scibile allows its users access to the data bank system, which they may use in order to meet new people with whom to share their free time, sport activities, trips and personal relationships.
Moreover the user can see in the data bank other users's profiles and contact them anonimously.
Access to the data bank system implies the user's registration (see number 2).
Scibile reserves itself the right to block any user's access at any time, no explanations given.
Scibile undertakes to observe the provisions of the law on data protection.
In the context of the services concerning this contract, personal data are collected, saved, processed and used. Personal data are data containing information on the person, about personal and material circumstances of a certain user or one that can be identified.
As a user, you accept Scibile's applying your profile's personal data, such as for instance nickname, age, sex, photos and other information, for surveys and analyses, as well as for improvement and publicity of its latest services.
As a user, you accept that your personal data be accessed by every registered, logged-in user. Our goal is to expand the circle of those interested in your profile. This includes the sending of e-mails and newsletters.
Lastly the user accepts that his/her profile's personal data may be sent on to a service provider other than Scibile, namely the web page Studiohotline's manager, for the fulfilment of contractual obligations.
Scibile recalls the user's attention to the fact that in public nets, such as internet, data protection can not be technically absolutely guaranteed. Therefore, as for the security of data transmitted through internet, the user assumes personal responsability.
Complaints about the evaluation of costs of paid-for services
Complaints about the amount charged or billed must be presented by the user to Scibile in writing within 7 days of the contested amount being charged or the reception of the contested invoice, and such complaints must be justified. In case the user doesn't raise any justified objection within those 7 days, the amount charged or billed will be considered to have been accepted.
Every user must treat in a confidential way e-mails and other news or data of users, that he/she might receive by way of these services, and not to make them accessible to third parties, without their proprietor's previous approval.
Moreover, every user undertakes not to abusively use Scibile's services, namely:
- 1) not to use them to divulge slanderous, scandalous, pornographic or in any way illegal material or information
- 2) not to use them either to menace, annoy or breach other users's and third parties's rights (including personal rights), or to promise or demand money or money loans
- 3) not to introduce data
- - that contain virus (infected software)
- - that contain software or other material under copyright or commercial tutelage, unless the user is their proprietor or has the necessary authorization to use such software or material
- 4) not to use them in any way that might have negative repercussions on the availability of services for other users
- 5) not to send e-mails to users for reasons other than personal communication, in the context of Scibile's services, and thus not to advertise or offer products or other services to other users (except when expressly allowed by Studiohotline)
- 6) not to send 'e-mail chains'.
Irrespective of possible civil or penal consequences for the user, the non-compliance with the obligations above entitles Scibile to block, without previous notice, the involved user's access to the data bank system. III. If there is any symptom of an illegal or not allowed usage, Scibile has the right to check the contents inserted by the user, to possibly block the access to these contents and equally to immediately block the user's access
9. Cancellation and rescision
I. Every user can cancel, at any time, his/her registration in Scibile, no reason needed. Cancellation implies erasing the user's profile's data from the data bank and the contractual relationship being terminated.
II. The user who cancels his/her registration in a paid-for service relinquishes thereby the use of that paid-for service, in other words the user won't be reimbursed for payments already made.
III. As for paid-for services, the contract will be automatically stretched out for the period lastly selected (v.g., 1 month or 3 months), whenever the user doesn't rescind his/her contract, in accordance with para 'automatic subscription renewal'. The first time the user accesses the registration page, he/she'll be shown the expiry date of the contract and the period it will be renewed for, unless the user punctually rescinds it.
IV. No request of reimbursement will be considered, that relates to a month already entered.
The use of every program and its contents, materials and trade marks is allowed exclusively for the purposes refered to in these AGB. It is not authorized to copy programs, services, procedures, software, etc. (irrespective of its intent), without previous written consent by Studiohotline.
I. Scibile cannot check the correctness and security of the information exchanged among the users. Scibile doesn't assume any responsibility for such information.
II. Scibile doesn't assume any responsibility for damages due to a use not corresponding to the terms of the contract or illegal.
III. Scibile doesn't assume, either, any responsiblity both for the correctness of the users's profiles, or their analyses relative to their compatibility with other users.
IV. Scibile doesn't assume the responsibility, either of guaranteeing the continuous availability of the data bank system, or of system failures, or of interruptions and technical disturbances of any kind due to the system.
V. Scibile doesn't assume any responsibility, either for quality problems of access to the services that are due to acts of God, or for events not controlled by Scibile, namely breakdowns in the net and gateways, as well as in third parties's hard- and software.
VI. Scibile declines any obligation, charge, claim and loss ensuant to defamation, insults and breaches of personal rights by other users.
VII. Scibile declines, moreover, all other responsibilities, as long as it is legally allowed.
12. Changes to the AGB
Scibile has the right to change the AGB at any moment. Scibile will expressly report to the user any changes made, via e-mail: the latter can oppose him/herself to the changes within three days, by means of a registered letter. If, within this period, the user doesn't react, the changed AGB will be valid from that moment on. In case the user doesn't accept the changed regulations, he/she can rescind the contract and demand the refund of the amount already paid for services he/she hasn't benefited of yet.
13. Applicable law and competent court of justice
To these AGB and to the respective contractual relationship is applicable the Swiss jurisprudence. The competent court of justice is that of Lugano.