Friday, August 11, 2006

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Terms


(eyes wide shut asks the ladies to make allowances to have omitted for reasons of readability and comprehensibility to female formulations).


The following terms and conditions (these "Terms") will ensure safety of the interested parties and members (collectively, "User") of eyes wide shut, the contract settled between eyes wide shut and the user, who uses the services of eyes wide shut of, and define the conditions under which the use of eyes wide shut services. www.eyeswideshut.ch for all users of the eyes wide shut services under the Domain Names and www.eyes-wide-shut.de.vu and (collectively referred to as site) all of these sub-domains exclusively subject to these terms, even if the use of or access takes place outside of Switzerland. Choice of transfer method provides all services subject to these terms and conditions.

recognizes With the registration of the user to have read and understood these terms and conditions and accept. The user accepts the terms in which he the statement "I have read to confirm the terms and conditions and understand and accept them." By activating the checkbox (checked) and click "Login" confirmed.

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1. Services

organized eyes wide shut erotic events in an exclusive setting (hereafter for all occasions "Event") and operates for the above-mentioned websites. To ensure the credo of exclusivity and extravagance of these events, participation in the same only through registration and membership is possible.

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second Definitions

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second Definition 2.1
Events

a eyes wide shut) are events that take place in castles or similar locations (such as castles).
b) When special events are called events, the comparable localities but not in castles or be carried out at other exclusive locations that meet the high demands of eyes wide shut and take account of its members.
c) Public concerts are for all those interested eyes wide shut organized events, and to the same insight in special grant and / or eyes wide shut.

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2.2 Status

a) Standard users are registered users for the purposes of site visitors and not by the registration member. Standard users will get a glimpse into the world of eyes wide shut. Several areas on the site as party program, party registration, exclusive user information, members forum etc. Standard-users remain withheld. Participation in events is impossible for standard users. Registration is enough for a valid e-mail address, a pseudonym and a password. The state standard user is free.
b) Premium users are registered users and not by the registration member, but have the opportunity to participate in events. At the discretion of eyes wide shut, exclusive invite users to events and deprive them of certain areas of events. eyes wide shut is entitled to exclude in violation or infringement of the user of these Terms, or government regulations, particularly in cases of misconduct in an event, the exclusive members. Required in addition to the requirements for standard users to upload their own photos of an actual person of the user to user data. Status Premium users are not charged.
c) Gold Members are registered users who have become members and at events privileged access to their own gold members area will benefit from reduced (entry) prices and receive regular information and news about future events. Besides there is the use of the members forum, chat, etc. open. For a Gold membership, the same conditions as for Premium users. The number of gold members is limited. New Gold Members are after a personal interview with a special reception by existing ritual Gold Members evaluated to decide ultimately on the final acceptance or rejection as a Gold member. Existing Gold Members have seven days to leave because of the notes of the admission interview and the two photos review. The average of all ratings received is crucial to the inclusion as a Gold member. In the case of a positive decision, the user receives a unique gold-member-number. This makes it possible friends, acquaintances or even strangers sympathetic to recommend or take on events. These have less administrative work at the registration and get also without photo Upload the exclusive user status. In case of rejection as a Gold member to the user for the expenses CHF 80. - Resolves. The Gold Membership fee, annual fee for single men and (heterosexual) couples € 1500 .-- CHF 2550th - pa, ladies are admitted free of charge. eyes wide shut is entitled to exclude in violation or infringement of the user of these Terms, or government regulations, particularly in cases of misconduct in an event, the Gold Members. has eyes wide shut in case of cessation of the gold-Members not entitled to a refund of the paid membership fee.
d) Platinum Members are registered users who become members and acquire along with the benefits of a gold member for a one-time admission fee, the right to participate in very specific events. The number the possible Platinum members is limited. The admission process is like the gold member in person, however, for the protection of personality does not publish pictures on the Internet. Specifying a valid mobile number or an e-mail address is insufficient as a means of communication. Otherwise, no personal information is required. The Platinum membership is not free. The annual fee for single men and (heterosexual) Euro 3000 - CHF 5100th - pa, ladies are admitted free of charge. eyes wide shut is entitled to exclude in violation or infringement of the user of these Terms, or government regulations, particularly in cases of misconduct in an event, the Platinum member. In the case eyes wide shut by an exclusion, the Platinum Members not entitled to reimbursement of paid registration fee is still entitled to a refund of the paid membership fee.

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third Contract

The terms are a valid and binding agreement within the meaning of the Swiss Code of Obligations (OR) between eyes wide shut and the user, for registration or membership. The user must agree to these terms, by clicking on the button "Register" button to register or become a member. The user agrees to the terms of this and all new versions of the same and therefore the contract is concluded.

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bodies 3.2 Entire Agreement These terms

the entire agreement between the user and is eyes wide shut and supersede all prior understandings and agreements, without compensation in any form, and replace latter.

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reserves 3.1 New versions of the contract

eyes wide shut the right to change the terms at any time or to complement this by the revised version published on the website and via e-mail will be informed. Sets the user continues his visits to the website, this is tantamount to acceptance of the terms and conditions of the revised terms. If the user's amended or supplemented terms within four weeks after publication, then the modified or amended terms take effect. If the user within four weeks after publication, the right eyes wide shut, the contract at the time to terminate, at which the modified or amended terms will take effect. Differing, conflicting or additional conditions, even with their knowledge, not part of the contract, except eyes wide shut their application has been approved in writing.

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3.3 Partial invalidity way

if any, clause or provision contained herein all or a specific application null and void, voidable or unenforceable, the remainder of this contract still retains its full validity and applicability.

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3.4 No waiver

Failure to enforce any provision hereof by eyes wide shut at any one time does not affect the right to put through at a later date, except that there is an express written and eyes wide shut signed appropriate waiver There.

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3.5 No assignment

a) by the user
the user is not entitled to these Terms and Conditions or any other rights to assign
b) eyes wide shut
eyes wide shut, at its discretion without written notice this Agreement or any rights hereunder to cede to other companies

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03.06 assurances

The User warrants and warrants that he authorized is to enter into this agreement and to comply with its terms. He also represents and warrants that he at all times its obligations arising hereunder, and any laws, regulations and policies could help the application, enforcement.
The user warrants that by him under the Offer and the contract was made statements about its Person and other relevant contractual conditions are complete and correct. The user agrees to eyes wide shut immediately of changes in each of the data to teach. eyes wide shut to demand from the user has to confirm the data. With eyes wide shut offense is entitled to terminate the contractual services immediately.

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4th Liability

• The user is aware that can creep in even with careful software development, website programming and maintenance errors can stand up so that eyes wide shut not 100-percent availability of the service, or accessibility of the site.
• eyes wide shut assumes no liability for the uninterrupted availability of the system and for system failures, interruptions and problems with technical equipment and service of eyes wide shut. eyes wide shut is not liable for errors in the quality of access to the service of eyes wide shut due to force majeure or events that can not be held eyes wide shut, in particular the failure of communication networks and gateways. For minor service disruptions eyes wide shut is not responsible.
• eyes wide shut reserves the right of maintenance, security and capacity reasons, the services temporarily suspend or restrict. Foreseeable interruptions, the user finds the appropriate information on the website.
• eyes wide shut limits its liability to damage eyes wide shut, to intentional breach or gross negligence's and his assistants, including employees or agents, as well as due to contractors, and only in the relationship, in which he compared to other causes in the damage has helped .. Emergence of those that should inform the users defects and malfunctions eyes wide shut immediately. eyes wide shut liable for simple negligence only if an agency, employee or agent of an eyes wide shut contractual obligation is violated. Liability is limited to the typical damage.
• eyes wide shut is not liable for defects and malfunctions, which he was not responsible, especially not for security lapses and breakdowns of third party companies (such as Provider), with whom he works or from which it depends.
• adheres Continue eyes wide shut not for force majeure, improper action and disregard for the risks the user or third parties, excessive strain, unsuitable equipment of the user or third party, extreme environmental conditions, user intervention or interference by third parties (viruses, worms etc.) that happen in spite of the current necessary safety precautions.
• eyes wide shut informs the user on the site about privacy and other risks and any precautions that he has observed.
• eyes wide shut assumes no liability for damage caused to the user arising from the content of the information published on the website or the transfer of information on the Internet or by e-mail.
• eyes wide shut is not liable for the breach of duty by the user against another user on the basis of contracts concluded between them. •
assumes eyes wide shut, under no circumstances any Liability for direct or indirect damages arising from use of the site.
• The user must be aware that the authentication of Internet users is difficult. Eyes Wide Shut has no control over the accuracy and security of information exchanged between users or by the user as a profile to be recorded in the database or from that entered into the database. eyes wide shut does not guarantee that all users have actually the identity that they claim. eyes wide shut can not therefore accept any responsibility for such information. Liability is excluded in any case.
• Users can although this is prohibited, incorrect information or eyes wide shut - use system for other unauthorized or illegal purposes. For the improper or illegal use of the site, all liability is excluded from eyes wide shut.
• Moreover, the liability.

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5th Privacy

• eyes wide shut, and require the user to observe the regulations of the Data Protection Act and the Data Protection Act and the guidelines set forth herein.
• The user leaves all eyes wide shut for the contractual services required information. The user ensures that All provided information is true and complete. Use of this website is possible with a pseudonym. The user has to name his real name during registration, but a visible to others specify pseudonym (nickname). The user communicates eyes wide shut any changes of address and any other necessary information without delay or amend promptly the information in the "user data" on the site.
• During registration the user chooses a password. The user must keep his password secret.
• The data submitted by the users of data from eyes wide shut, or only in the purpose of contract fulfillment used, subject to the following exceptions. By agreeing to these terms, the user agrees to the following activities of an eyes wide shut:
- processed eyes wide shut and uses personal user data such as name, password and email address for implementing and administering the terms set out in this offer.
- eyes wide shut by the users themselves, the different input data to other users in anonymous form. The user can in the processing of the profile to determine which data to inform other users will be made available.
- eyes wide shut, the use of processed data including by using cookies, for example, a user ID assigned.
- eyes wide shut before the user accepts the address information provided by the user also discontinued shipments by mail. For a confidential receipt of the supplies the user's own responsibility. eyes wide shut disclaims all liability in this regard.
- eyes wide shut personal data processed for appropriate marketing activities such as sending e-mails with general information or advertising. The user can cancel the information.
- eyes wide shut can make contacts in their own interest. The user can leave eyes wide shut, if he does not want.
- eyes wide shut to process the data of users if it for detecting and stopping fraudulent information provided, and illegal or non-conforming use of the services used by eyes wide shut. To this end, eyes wide shut may also use data, including by using cookies to determine process and so that the total stock of all current information out to those who are, where there are real indications of abuse.
- eyes wide shut allowed to the extent necessary to process personal data for the elucidation of misuse of site and criminal laws, especially after the end of the contract and to the authorities, especially law enforcement, and transmitted in their injured third parties. This applies if tangible evidence exists of abuse and an overriding interest in the investigation of the case.

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6th Privacy

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6th Privacy
6.1 Scope

The fact that take place between eyes wide shut and the user (for both 'the "Parties") and selected other potential person talks Betr. of membership, the content of these discussions and any information that is the parties in connection with a registration or membership reveal . Or under the Registration and membership are perceived elsewhere (summarized below "Data") shall be confidential, this is especially true for:
a) to be confidential or marked as such identifiable data, relating to the parties such as private, commercial, financial, sexual or technical data in analog or digital form as well as those relating to procedures, methods or other know-how;
b) all data on place and locality of the event as well as all data concerning natural and legal persons, especially as data from other members and their (life) partners, suppliers, agents or Contractors of eyes wide shut, regardless of how the data from the user could be found out;
Confidentiality applies regardless of whether the data in documents, drawings, plans, in photographs or films or other media of any kind (digital or analog records held) have been or are perceived acoustically, and in particular regardless of whether that data is protected by law or not.
The confidentiality obligation shall not apply to data that
- are generally available;
- at the time of its notification to the other party was in the public;
- without notification to the other party whose Fault becomes public knowledge.

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6.2 shall the parties

The parties acknowledge that the confidential data is for each party to maintain the confidentiality of considerable value and commit to:
a) treat all information as confidential. to
b) All data, if possible, be identified as such.
c) Not without the prior written consent of the other party or any other member data or any part thereof to a third party notified or made available. Except for the support staff, including employees and agents, from eyes wide shut and possibly summoned by eyes wide shut third parties from the The purpose of this agreement or affect the execution of events, as well as existing and potential new partners with whom, after accepting this Agreement, discussions or negotiations on a cooperation or carrying out of events, and (subject to earlier completion of discussions / negotiations), an analog confidentiality agreement signed.
d) Ensure that all support staff and representatives from eyes wide shut and (life) partner of the user and this itself obliged to comply with the provisions of this Agreement and to monitor compliance with this obligation. to take
e) All other provisions adopted by the secrecy ensure, in particular to protect the data from access, use, misappropriation by unauthorized people.
The parties are also aware that they and their (life) partners, agents or representatives under etc. including the relevant provisions of the Data Protection Act (DPA), and say they know the rules, respect and their employees, and (life -) partners, agents or representatives including to instruct accordingly.

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7th Contact with eyes wide shut and other users

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7th Contact with eyes wide shut and other users
7.1 Communication with eyes wide shut eyes wide shut

contact with and all correspondence concerning this contract is carried out via e-mail. eyes wide shut reserves the right to amend the existing e-mail address. In this case, informs the user eyes wide shut in time of the change.

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7.2 communication between users

on the communication between users and potential contracts is not involved and eyes wide shut is not a party. For the fulfillment of contracts between the users eyes wide shut is not responsible.
also urges the users of the eyes wide shut offered Service not to misuse, especially
a) it can not use defamatory, obscene, pornographic or otherwise disseminate unlawful material or information;
b) not to use them to threaten others to harass or to promise rights (including moral rights) of other persons or money or monetary benefits or claim;
c) upload data:
- which contain a virus (infected software);
- the software or other material, the copyright or protected by intellectual property rights is, unless the user is the owner of the respective rights or has the required permission to use such software or material;
d) not to use them in a manner which affects the availability of offers for other users adversely affected;
e) E-mail to users for any purpose other than the to send personal communication but not to advertise or offer goods or services to other users (except in cases where this is expressly permitted by eyes wide shut);
f) not to send chain letters;
g) not to establish contact with other users, for a meeting on a private basis to organize
without regard to civil and criminal consequences for the individual user entitled to Failure to follow any of the above obligations of conduct eyes wide shut to the immediate termination of the contract, and to block the access of the affected user on the site. Alternatively, the right eyes wide shut to extinguish part of the profile without consultation.
case of indications of an unauthorized or illegal use has eyes wide shut, the right to review content entered by the user, provide the access to this data block, and to immediately block the user's access. In cases of doubt, eyes wide shut, the right of final decision on the admissibility of the use in question.

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8th Event

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8th Event
8.1 Assigning to an event

The registration of the user to an event is to be made fundamentally on the site and therefore is binding and obliges the user to pay the specified price. Appears, the user or a third party without prior notice, with or without accompaniment at an event that has eyes wide shut the right to the user or any third party, together with the accompaniment at the box office without giving any reasons to reject and refuse admission to the event. In the case of denial of entry to an event have the rejected users or third parties as well as any company under any circumstances, a claim for refund incurred by the travel costs.

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8.2 Price of Events

The price offered in each case determined by the event, the performances, the location and other factors that contribute to the event that the high demands of eyes wide shut and its members equal.

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3.8 Cancellation of an event

Has the user logged on to an event and he has to resign for good cause, including illness, accident, business meetings, from participating in the event to be 20% of the already paid price as a processing fee, 80% retained by eyes wide shut and credit for the participation in the next, and later held event. Does not the user logged out of an event in part within 12 months at another event this fall to 80% of eyes wide shut. Has the user logged on to an event and take it without logging not participate in the event (no show), he is not entitled to any refund of the price.

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4.8 Payment

Ticket prices for events must be in "advance the" eyes wide shut - Registration Party "will be reserved and paid for. Post Card holders can save directly via post or direct bank transfer their entry (for transfer Please bring receipt to the event and show on request). Costs associated with the payment process, including postal and bank charges, with the user.

receiver / City:
Account Number: XXXXX
IBAN electronic: CH XXXX
IBAN paper: IBAN CHXXXX
SWIFT Code / BIC: POFICHBSXXX
receiving bank: Swiss Post, PostFinance, Freie Strasse 38,
CH-4001 Basel
Clearing number: 09 000