memberYou is a service for an active, social freetime creation that allows members to create unique personal profiles online in order to find and communicate with old and new friends. The memberYou Services are hosted in Switzerland. The use of the memberYou Services is free. MemberYou is an internet service of the company Zeisch GmbH (called memberYou in the following) with domicile in Switzerland. The present terms and conditions are part of the contract between the user of their services and the company Zeisch GmbH.

This General Terms and Conditions (Agreement) sets forth the legally binding terms for your use of the memberYou Services. By using the memberYou Services, you agree to be bound by this Agreement, whether you are a Visitor (which means that you simply browse the memberYou Website) or you are a Member" (which means that you have registered with memberYou). The term User refers to a Visitor or a Member. You are only authorized to use the memberYou Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the memberYou Website and discontinue use of the memberYou Services immediately. If you wish to become a Member, communicate with other Members and make use of the memberYou Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes memberYou's policy for acceptable use of the memberYou Services and Content posted on the memberYou Website, your rights, obligations and restrictions regarding your use of the memberYou Services and memberYou's Privacy Policy. In order to participate in certain memberYou Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the memberYou Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

memberYou may modify this Agreement from time to time and such modification shall be effective upon posting by memberYou on the memberYou Website. You agree to be bound to any changes to this Agreement when you use the memberYou Services at least one month after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. The new or changed parts of the site are in green font for 2 months in order to make the changes visible at first glance. If you don't agree with the changes of the general terms and conditions you have the right to end your membership with memberYou.

memberYou makes no commitment to update the information found at this Internetsite.

Furthermore, memberYou has the right to stop all or part of the platforms services at any time even without indicating reasons.

Please choose carefully the information you post on memberYou and that you provide to other Users.

You are not allowed to use any content listed in number 9 (not exhaustively). For content of this kind, memberYou does not assume responsibility or liability.

If you become aware of misuse of the memberYou Services by any person, please contact memberYou or click on the "Report Inappropriate Content" link at the bottom of any memberYou page.

The information on the page My profile can be viewed by any other users. The user gives his agreement for this. It's up to the user to decide what kind of information he enters onto the page My profile.

memberYou reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the memberYou Services at any time, for any or no reason, with or without prior notice, and without liability, especially in the cases listed in number 9 of these general terms and conditions. In these cases, too, the liability complies with number 13 of these general terms and conditions.

Use of and Membership in the memberYou Services is void where prohibited. By using the memberYou Services, you represent and warrant that (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 14 years of age or older; and (iv) your use of the memberYou Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age. A user can only register once as a member and by registering, he guarantees not being a member yet.

a) This Agreement shall remain in full force and effect while you use the memberYou Services or are a Member.



b) You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. memberYou may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

The use of the memberYou Services is free. You acknowledge that memberYou reserves the right to charge for the memberYou Services and to change its fees from time to time in its discretion.

memberYou reserves the right to offer certain services (such as SMS-messaging) at a given time against payment. The operator moreover reserves the right to show appropriate advertisement in the future.

memberYou will inform users by email, if a service will be offered against payment in the future or if an already existing fee will be increased. You then have to decide whether you still want to make use of the services. Should you still be using the services at least one month after our information, this counts as an approval of the increase of fees we had announced.

If memberYou terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify memberYou immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

The memberYou Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by memberYou (i.e. to post a commercial event). Illegal and/or unauthorized use of the memberYou Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the memberYou Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the memberYou Services. If the member uses third party information for commercial purposes and/or his/her registration is for commercial proposition, the user is obliged to pay a penalty to the amount of 5000.- CHF for each proved, culpably violation. Additional compensation for damages reserved.

a) The memberYou Services contain Content of Users and other memberYou licensors.



b) The memberYou Services contain Content of memberYou (memberYou Content). memberYou Content is protected by copyright, trademark, patent, trade secret and other laws, and memberYou owns and retains all rights in the memberYou Content and the memberYou Services.



c) memberYou does not claim any ownership rights in the text, files, images, photos, musical works, works of authorship, or any other materials (collectively, Content) that you post to the memberYou Services. After posting your Content to the memberYou Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (posting) any Content on or through the memberYou Services, you hereby grant to memberYou a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the memberYou Services.

Without this license, memberYou would be unable to provide the memberYou Services. The license you grant to memberYou is non-exclusive (meaning you are free to license your Content to anyone else in addition to memberYou), fully-paid and royalty-free (meaning that memberYou is not required to pay you for the use on the memberYou Services of the Content that you post), sublicensable (so that memberYou is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the memberYou Services), and worldwide (because the Internet and the memberYou Services are global in reach). This license will terminate at the time you remove your Content from the memberYou Services. The license does not grant memberYou the right to sell your Content, nor does the license grant memberYou the right to distribute your Content outside of the memberYou Services.



d) You represent and warrant that: (i) you own the Content posted by you on or through the memberYou Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the memberYou Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the memberYou Services.



e) Except for Content posted by you, you may not copy, modify, translate, publish, promote, broadcast, transmit, distribute, rent, perform, display, or sell any Content appearing on or through the memberYou Services. It is forbidden to create derivative works based on memberYou or any of the Materials contained therein. It is also forbidden to remove any copyright or other proprietary notices from the SITE or any of the materials contained therein.





It is the policy of memberYou to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to memberYou by the copyright owner or the copyright owner's legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the memberYou Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the memberYou Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. memberYou's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Zeisch GmbH, Sternenhofstrasse 17, CH-4153 Reinach; email: info[@]memberyou.com.

a) memberYou may delete any Content that in the sole judgment of memberYou violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. memberYou assumes no responsibility for monitoring the memberYou Services for inappropriate Content or conduct. If at any time memberYou chooses, in its sole discretion, to monitor the memberYou Services, memberYou nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

b) You are solely responsible for the Content that you post on or through any of the memberYou Services, and any material or information that you transmit to other Members and for your interactions with other Users. memberYou does not endorse and has no control over the Content. Content is not necessarily reviewed by memberYou prior to posting and does not necessarily reflect the opinions or policies of memberYou. memberYou makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the memberYou Services. memberYou reserves the right to investigate and take appropriate legal action against anyone who, in memberYou's sole discretion, violates this provision, including without limitation, removing the offending communication from the memberYou Services and terminating the Membership of such violators. In case an account has been deleted, no matter which point of time, the deleted user has no rights to get back the deleted content. memberYou is still saving some of the private information (i.e. email) to maintain the quality of the platform.

In order to maintain a high level of security and integrity, memberYou reserves the right to conduct a security check at any time to validate your identity, age and Registration Data. To facilitate our security checks you shall provide such information or documentation as requested by memberYou. Failure to provide satisfactory response to memberYou within the timeframe specified by the memberYou, will be considered a material breach of these General Terms and Conditions.

Prohibited Content includes, but is not limited to Content that, in the sole discretion of memberYou:



1) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2) harasses or advocates harassment of another person;

3) exploits people in a sexual or violent manner;

4) contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5) solicits personal information from anyone under 18;

6) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

7) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

8) involves the transmission of junk mail, chain letters, or unsolicited mass mailing, instant messaging, spimming, or spamming.

9) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

10) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

11) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

12) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

13) includes a photograph of another person that you have posted without that person's consent; or

14) for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the memberYou Website and through your use of the memberYou Services. memberYou reserves the right to investigate and take appropriate legal action against anyone who, in memberYou's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

15) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

16) electronical offences no matter of what kind. Each of these will lead to the immediate exclusion of the user and will be prosecuted.

Without naming all, here you can find some types of electronic offences:

- Hacking; that means. Trials to vanquish, to go round the security barriers of memberYou.

- Assignment of Software or other computer programs to automatically readout data i.e. Crawler (alias Spider or robots, brief: Bot)

- Deliberate Use/application or spread of virus, worms, trojans.

- Application of links, programs/software or other methods that may or should harm the platform itself /the database / the network of memberYou or individual users

In any case of a culpably violation of that prohibition, the user is obliged to pay a penalty fixed according to our own discretion and in case of clash to the amount of at least 10000.- CHF (in words: ten thousand Swiss francs) to memberYou at the very first request.

Furthermore the user is obliged to hand in a declaration of forbearance in case of a violation against the mentioned prohibiton. He has to do so immediately after requestion of the operator and the declaration has to to list the following obligations:

- Refrain from continuing or doing another electronical offence with immediate effect.

- Refrain from giving away the extracted data to a third party with immediate effect.

- The operator has to be informed immediately and in written form, which third party (names, address, full contact details) may have noticed some of the extracted data material when and in which form soever.

- To delete completely and unrecoverable all of the digital data material extracted during the electronical offence from all data storage mediums as well as possible analog data material (i.e. documentations, notes, prints).

- To send a signed legally binding affirmation of the successful deletion and annihilation to the operator.

- To keep absolute secrecy over all kind of the extracted data material, the declaration of forbearance as well as over all other internal affairs of memberYou known by the offender in particular on discussion forums in the web, blogs or press - , unless the disclosure of certain information is needed in order to fulfil the regulations governed by public law and/or ensuring titles towards a court.

17) advertising to, or solicitation of, any Member to buy or sell any products or services through the memberYou Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the memberYou Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, memberYou reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which memberYou deems appropriate in its sole discretion.

18) any automated use of the system, such as using scripts to add friends or send comments or messages;

19) interfering with, disrupting, or creating an undue burden on the memberYou Services or the networks or services connected to the memberYou Services;

20) attempting to impersonate another Member or person;

21) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

22) selling or otherwise transferring your profile;

23) the re-registration after your profile has been deleted;

24) using any information obtained from the memberYou Services in order to harass, abuse, or harm another person;

25) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the memberYou Services on behalf of that person, such as placing commercial content on your profile, posting bulletins with a commercial purpose, or sending private messages with a commercial purpose,

26) using the memberYou Services in a manner inconsistent with any and all applicable laws and regulations.

27) Take any action that imposes an unreasonable or disproportionately large load on the platform or its network infrastructure.

28) Assist or aid any third party in doing any of the foregoing.

Does a user violate one or more of these regulations he is obliged to pay a penalty to the amount of 500.- CHF to memberYou.

You are solely responsible for your interactions with other memberYou Members. memberYou reserves the right, but has no obligation, to monitor disputes between you and other Members.

The use of the memberYou services is subject to our privacy policy that are integrated in that contract for reference purposes.

Under the following link you can find the privacy policy. It informes you about the reason why some data from the users is required, which information is additionally and what memberYou is doing according to the legal requirements in order to guarantee the safety and security of all user-based information.



Furthermore the privacy policy informes you in detail about technical questions concerning the privacy (Cookies, Logfiles, Firewalls). You can find further information in the privacy policy.



The operator reserves the right to run software in the memberYou databases to be able to draw conclusions out of the user behaviour. This software is only for improving the security of the communication on the platform. Other purposes mainly commercial use will not happen.



You authorize memberYou to use all private information saved in our systems to use commercially. memberYou is allowed to use your data for any purposes as long as it does not violate the Swiss privacy law. A third party will only get access to our data if it posseses more than 50% of the memberYou shares.

a) As long as legally allowed the liability of memberYou against its users is explicitly excluded.

b) memberYou is not responsible for any incorrect or inaccurate Content posted on the memberYou Website or in connection with the memberYou Services, whether caused by Users of the memberYou Services or by any of the equipment or programming associated with or utilized in the memberYou Services. Profiles created and posted by Members on the memberYou Website may contain links to other websites. memberYou is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by memberYou. Inclusion of any linked website on the memberYou Services does not imply approval or endorsement of the linked website by memberYou. When you access these third-party sites, you do so at your own risk. memberYou takes no responsibility for third party advertisements which are posted on this memberYou Website or through the memberYou Services, nor does it take any responsibility for the goods or services provided by its advertisers. memberYou is not responsible for the conduct, whether online or offline, of any User of the memberYou Services.You hereby agree to hold the memberYou harmless from any and all damages and liability that may result from the use of links that may appear on memberYou. memberYou reserves the right to terminate any link or linking program at anytime.

c) memberYou assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. memberYou is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the memberYou Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the memberYou Services.

d) memberYou does not bear any responsibilities when it comes to events, meetings that were organised over the platform or are in any way associated with it. The participation in events is at owner's risk. memberYou can not be made responsible neither for economic damage/loss nor for psychological od physiological damage that happened on events/meetings that are associated with memberYou. memberYou disclaims any type of liability that occurs in association with real meetings of individual members. Please check carefully the security advice for further information.

e) The operator is not responsible for unauthorised acknowledgement of user data material through a third party (i.e. through an unauthorised access to our database). The operator is not responsible for details and information that users themselves have made available to a third party and is now getting abused. Ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of memberYou, even if you use the auto login feature, up and until you notify memberYou's Customer support by telephone regarding that unauthorized use and confirms the notification from your registered email address. You indemnify memberYou against all activities conducted through your account.

The memberYou Services are offered as available and without guaranteeing that they are free of defects. memberYou is not guaranteeing either that the services are available at any time and without interruption, secure and without failures.

memberYou refuses guaranteeing the appropriability for a specific purpose. Nor does memberYou make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy or completeness of memberYou or any of the materials contained therein. Furthermore memberYou refuses guaranteeing or promising any kind of outcomes resulting out of the memberYou services. You understand and expressly agree that use of memberYou or any of the materials and/or data downloaded or otherwise obtained through the use of memberYou or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

You understand that memberYou cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. memberYou does not assume any responsibility or risk for your use of the Internet.

These Terms of Service (including the policies, guidelines and rules referred to herein) and the relationship between you and memberYou shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Switzerland for settlement of any dispute, controversy or claim arising out of or in connection with these Terms of Service or the relationship between you and the memberYou. Court of jurisdiction is in any case Arlesheim, Department of Baselland, Switzerland.

You agree to defend, indemnify, and hold harmless memberYou, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person's authority including without limitation to governmental agencies, use, misuse, or inability to use memberYou or any of the materials or services contained therein, or your breach of any of these Terms of Service, or should you violate any law. You do also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party not affiliated with memberYou. memberYou shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. memberYou may transfer these Terms of Service if memberYou is acquired by a third party, merged with a third party or memberYou sells all or substantially all of its assets, or otherwise transfer substantially all of its assets to a third party. In this event memberYou will inform you of the transfer.

In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms of Service, or relating in any way to the relationship between the parties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal.

This Agreement is accepted upon your use of the memberYou Website or any of the memberYou Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and memberYou regarding the use of the memberYou Services. The failure of memberYou to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. memberYou is a trademark of the Zeisch GmbH. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If one of the above provisions is ineffective, then this does not affect validity of the other provisions. The ineffective clause shall then be replaced in mutual agreement by a clause, the economic intention of which is as close as possible to the ineffective clause. The same shall apply to lacunae. In case of a legal dispute only the German version of the contract will be valid.



Please contact us with any questions regarding this Agreement.



I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.