Funky Fish is a dating and community website accessible via internet. Some of the Funky Fish services can be accessed free of charge. Other services are paid for by Members, who pay through subscription(s) of varying duration and price.
"Funky Fish" refers to the group of Services the purpose of which is to facilitate on-line meetings between people, for personal, leisure and non-business purposes. Funky Fish is accessible from the internet with and without payment.
"Gold Fish" refers to paying Members of Funky Fish
"Service(s)" refers to the entirety of the Services accessible to Funky Fish Members, whether paid or unpaid.
"Paid Services" refers to all Services accessible, at rates quoted, by Funky Fish.
"Member(s)" refers to the any or all validly registered users of the Funky Fish Service who have or have not paid to use Funky Fish.
2.1. Terms of access and registration
The equipment (computer, software, telecommunications systems, etc.) used to allow access to Services shall be the responsability of the Member, as shall the telecommunications costs incurred by its use.
To be a Funky Fish Member you must be at least 18 years of age and complete all compulsory fields appearing on the registration forms.
When the conditions required for registration are met, each Member will have one or more identifier(s): a login and one password. These identifier(s) are strictly private and confidential and must not be passed on or shared with any third parties.
If a Member disseminates or uses these elements in a manner deemed contrary to its original purpose, Funky Fish will terminate the Member's Account. 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 Funky Fish harmless against all claims of this kind. In addition, as Funky Fish does not have the obligation or the technical means to check the identity of every person registered with its Services, Funky Fish 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 immediately.
When a Member wishes to sponsor a friend or introduce a friend to Funky Fish and provides Funky Fish with the contact details of said friend, such member must have obtained the prior consent of this friend for Funky Fish to process his or her data that will be used solely in order to address an electronic message informing him/her of Funky Fish and its Services. The said message is addressed in the name and in the account of the Members having provided Funky Fish with their personal data. In such a case, the Member supplies such information freely and voluntarily and under his/her sole responsebility.
For security and quality purposes, Funky Fish will deactivate the accounts of Members who have not used the Service for a period of 1 year or more, and for whom no paid subscription remains valid. The 1 year period referred to above shall commence on the date of the last registered use of the Funky Fish Services.
2.2. Right of withdrawal
In accordance with Dutch law, the Member is informed that he/she enjoys a period of seven calendar days from the time he/she accepts paid Services to exercise his or her right of withdrawal, without penalty and without the need to provide any reason. However, in accordance with the Dutch Consumer Code, the right of withdrawal may no longer be exercised once the Member has accessed the paid for Services concerned.
3.1. Obligations of Funky Fish
Funky Fish will remotely and by electronic means supply an on-line dating and social-networking Service via Internet. Funky Fish's purpose is not to advise on or broker either marriage or long-term relationships. Funky Fish's activity does include organizing off-line meetings but has no obligation to do so, Funky Fishís activity does not include supplying access to the Internet network, or providing an electronic communication Service to the public. Consequently, Funky Fish has no legal obligation to identify Members when they connect to the Funky Fish Internet site or to monitor content published by Members. Because Funky Fish is technically incapable of providing such Services, Funky Fish does not undertake contractually to identify Members or to moderate in respect of content which they publish under their own responsibility.
Funky Fish 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 of engage in online contact with another Member. Funky Fish assumes no responsibility for meetings between Members of Funky Fish, on Funky Fish or during meetings between Members and/or non-Members as a consequence of the use of the Funky Fish site and Services. In addition, on a first date, it is recommended that you tell someone close to you and choose a public place (cafÈ, pub, restaurant etc.).
In this respect, Funky Fish reminds its Members that they are prohibited from disclosing information that allows them to be identified, such as postal/e-mail address, telephone number, to other Members of Funky Fish through the Services.
3.2. Obligations of the Member
The provisions of this Article shall apply without prejudice to the Article " Termination ".
Failure to comply with the Essential Obligations as set out above shall constitute a serious breach by the Member of his/her obligations. Without prejudice to the provisions of the Article "Termination", Funky Fish shall, where the Member fails to comply with one or more of these Essential Obligations, be entitled to terminate the contract and will definitively delete the account of the Member concerned.
The use of the Paid Services assumes that the Member has login identifier(s) that allows use of the Free Services. The Members can acquire the Paid Services either by credit card, money transfer via bank account, premium sms or dial-up or while participating in games or Services proposed by Funky Fish in competitions.
In any event, prices and terms of payment for various Paid Services are set forth below and are constantly accessible on the Funky Fish site, at the latest, from the time of presentation or use of Paid Service(s) that the Member wishes to access, as well as their respective charge(s).
Funky Fish may modify the subscription fees for services at any time, taking into consideration the evolution of the cost of services, but the Member will be informed of the nature of these modifications as soon as they are posted on the Funky Fish site. The modifications shall take as soon as they are posted on the Site. For Members registered after the posting on the Site of the modifications, those will be immediately applicable, because by becoming Members they will have expressly accepted the modifications.
Funky Fish paid Services
Goldfish for three months
Costs: € 19.50 for 3 months via iDeal or creditcard/Paypal
Goldfish for a Year
Costs: € 29.50 for 12 months via iDeal or creditcard/Paypal
Goldfish for a month
Costs: € 9.95 for 1 month via iDeal or creditcard/Paypal
Prices are stated in Euro and are tax inclusive.
The acquisition of paid Services as an extension of the Member's basic, free account begins almost simultaneously with the validation of the transaction by credit card or other means of payment.
The Member may at any moment notify Funky Fish that he or she wishes to terminate his or her paid for Services. Termination shall take effect on the Services expiry date, in accordance with the Article "Termination".
Funky Fish upholds the strictest of standards with respect to protection of privacy and of personal information.
Each Member can, access or request access to information concerning him or her in order to have it modified, deleted or to forbid any use by Funky Fish of it. Such request access shall be exercised via postal mail to the following: Funky Fish B.V., Hoge Naarderweg 8, 1217 AE, Hilversum, The Netherlands or by filling out the contact forms, and each Member shall carefully identify the senders personal identification.
Each Member can, at the time of registration or at any time thereafter, request to receive and, subsequently, request without charge via Funky Fish to cease to receive, the Funky Fish newsletter and/or promotional offers sent to her or him by e-mail by Funky Fish and/or its partners.
5.1. When and why do we gather information about you?
The Member is asked to supply information about himself or herself when he or she registers with the Service, participates in a contest, responds to a survey, participates in a chat or acquires Paid Services. Certain items of information are mandatory in order to gain access to Services.
5.2. What sort of information do we gather?
Personal information gathered by Funky Fish can include your name, postal and/or email address, landline and/or cellular phone number, bank information, information about your physical appearance, photographs, voice recording, video, personal values, religion, interests and your use of the Service.
5.3. Who has access to your information?
The information gathered about you when you register with Funky Fish 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 cases named below and subject to your prior information and agreement, or in assumption of your non opposition hereto.
We may send you promotional offers from some of our partners, subject to your explicit and informed consent given during registration, unless you oppose it during your registration or at any moment thereafter. If you do not wish to recieve any special offers by from Funky Fish or our partner companies let us know when you subscribe, or alternatively at any time through the area entitled "My Profile" on the Funky Fish site, or by post.
Funky Fish may occasionally share general socio-demographic information that does not include names with selected partners or for PR purposes 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.
The information contained in your personal ads and search criteria and your profile can be accessed on Funky Fish. In addition, this information may be broadcast directly by Funky Fish or via our partners to persons interested in Funky Fish, through newsletters or third-party websites, or by all other electronic (e-mail, SMS, etc.) or audiovisual (radio, television, etc.) communication tools, or by written press (newspapers, magazines, etc.), in order to increase your chances of meeting someone by promoting your person ads, search criteria and profile.
If you no longer wish for Funky Fish or its partners to reproduce or broadcast the information comprised in your personal ad, your search criteria, or your profile, you can terminate your Funky Fish 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.
6.1. Content broadcast by Funky Fish
The trademarks (including Funky FishÆ), and taking into consideration that this is an open-ended list), logos, graphics, photographs, animations, videos and texts featuring on the Funky Fish site and in the Funky Fish Service and which are provided by Funky Fish are the intellectual property of Funky Fish or its partners and may not be reproduced, used or represented without the express permission of Funky Fish or its partners, under threat of legal action.
The rights of use accorded by Funky Fish 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 Funky Fish. Any other use by the Member is prohibited without the authorization of Funky Fish.
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 Funky Fish site pages or software codes for elements comprising the Funky Fish Services and site.
6.2. Content provided by Members
The Member grants Funky Fish a licence to use the intellectual property rights attached to the content provided by the Member for the purpose of broadcasting on the Funky Fish Site.
This licence in particular incorporates the right for Funky Fish 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 Funky Fish Services (on the Funky Fish site, by e-mail) and/or in mailings sent by Funky Fish and, in a general manner, on all distribution media, in particular electronic (e-mail, SMS, MMS, WAP, Internet, CD-Rom or DVD-Rom), or through audiovisual communications media (press, radio, analogue television, digital television, cable or satellite).
The Member expressly authorizes Funky Fish to modify this content in order to conform to the look and feel of the Funky Fish 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.
7.1. Functioning of the Funky Fish site and Services
The Member must have the skills, hardware and software required to use the Internet or, as appropriate, Internet and telephone and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
Funky Fish 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.
Funky Fish 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, Funky Fish cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the Funky Fish 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 Funky Fish. Moreover, due amongst other things to the specifics of their Internet browser, Members who are AOL users may encounter problems making Funky Fish function properly.
Under these conditions, Funky Fish 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, Funky Fish shall inform its Members prior to maintenance work or updates.
7.2. Information and content supplied by the Members
Funky Fish 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 or herself. Correspondingly, Funky Fish cannot be held responsible for content distributed by a Member that might contravene the rights of one or more other Members or third parties.
Finally, if during the scope of a search performed on the Funky Fish 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.
7.4. Limitation of responsibility
Funky Fish can be held responsible by a Member only where certain and definitive proof is adduced before the courts demonstrating a wrongful act committed by Funky Fish having caused that Member damage.
A Member may at any time and without the need to provide any reason end his or her registration with Funky Fish by requesting the closure of his/her account in the area of the Funky Fish Site designated for such purposes. Such request shall be deemed effective from the first working day after receipt by Funky Fish of the request for closure of the account concerned. Such request does not trigger reimbursement of, as appropriate, any time remaining on the Paid services subscriptions.
Without prejudice to the other provisions hereof, where the Member commits a serious breach, Funky Fish will terminate the Member's account without prior notification or warning. Such termination shall have the same effects as a termination by the Member.
Without prejudice to the other provisions hereof, where the Member commits a breach, Funky Fish will terminate the Member's account.
Such termination shall take effect without prejudice to any damages that Funky Fish might claim from the Member or his or her beneficiairies and legal representatives, in compensation of the harm suffered as a result of such breaches.
The Member will be informed by e-mail of the termination, or the confirmation of the termination, of his or her account. Data relating to the Member will be destroyed at his/her request or upon expiry of the legal time period following the termination of the Member's account.
The Member may find him/herself in one or more of the following situations:
10.1. A paid subscription service originally obtained by the Member has not yet expired:
10.2. The initial term of the paid subscription obtained by the Member has expired:
Members are therefore invited to read the most recent version online on the Funky Fish Site.
Funky Fish® is owned by Funky Fish B.V., a limited liability company (B.V.), registered at the Dutch Chamber of Commerce, under the number KvK: 32120414 with head office located at: Hoge Naarderweg 8, 1217 AE, Hilversum, the Netherlands, represented by Mr R.Brands and M.J. Brands, Directors of publication of the Funky Fish site. The Funky Fish site is hosted on Zylon servers.
For any questions you may wish to ask, contact Funky Fish by completing the contact form.