Terms of service

Terms of Service

1.

General Conditions and Definitions

1.1.

The subject of the contractual relationship is the use of this Service and the sites, functions and performances offered as part of the Service, regardless of the domains, systems, platforms (e.g. web or Facebook) and devices (e.g. desktop or mobile) on which the Service is carried out.

1.2.

Information on the Service Provider can be found at the end of these Terms of Service (ToS).

1.3.

Individual agreements and functions and structure of the Service and any price quotations arising out of descriptions within the Service take priority over these TOS.

1.4.

These General Terms of Service (hereinafter referred to as "ToS") represent the exclusive basis for all legal relationships established between us and you, related to the use of this Service.

1.5.

"You" and "your" refer to you, as a user of the Service. "We", "us", and "our" refer to us, the Service Provider. "Content" means all content and information, including user generated content, like text, images, photos, video, messages, ratings, first-party and third-party advertisements, links or data on a person or a location.

1.6.

"Publishing" means implementation, embedding and use of Content (hereinafter referred to as the "Publishing Items") made available to you (hereinafter referred to as the "Publisher") for Publishing within Publisher's own websites, blogs, applications, etc. (hereinafter referred to as the "Publisher's Site"). The Content-related provisions of these ToS also refer to Publishing Items.

1.7.

A consumer within the meaning of these ToS and the withdrawal policy is every natural person who enters into a legal transaction for a purpose that is mainly outside his trade, business or profession. An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

1.8.

By accessing or using our Service, you are agreeing to these ToS and concluding a legally binding contract with us. Do not access or use our Service if you are unwilling or unable to be bound by the ToS.

1.9.

Insofar as we have not explicitly agreed to their application in writing, your possibly deviating business conditions shall not apply. Even though they may be enclosed and the contract may have been supplemented, a reference to your own business conditions does not constitute our acceptance of their applicability.

1.10.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW AND EXCEPTS FOR CASES OUTSIDE THE SCOPE OF APPLICATION OF THIS WAIVER, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1.11.

Minors need a prior consent of their legal representatives (generally the parents) before using our service. The use of our service is forbidden for minors below the age of 14.

1.12.

In addition to the ToS our privacy policy applies.

2.

Contract Conclusion and Content

2.1.

The contractual relationship with us is established upon the completion of the registration procedure or if a registration is not necessary upon your use of the Service.

2.2.

We are permitted to refuse the conclusion of a contract for objective reasons.

2.3.

In case of fee-based Services, the scope of our Services and your remuneration derive from the pricing plans provided to you within our Service. Additionally, the pricing plans determine the payment intervals for fee-based plans, which also correspond to the contract term.

2.4.

If the purpose of the Service it is providing users with information on specific topics or events (eg birthdays, coupons, product samples, etc.), users agree to receive this information via e-mail or equivalent electronic messages, information functions or wall posts within the platforms on which the Service is running. The type and amount of information follows from the description of the Service. The user may at any time opt out from receiving such messages as described in the section "termination" within these ToS.

2.5.

We may also send you service-related emails (e.g., account verification, technical and security notices, inactivity notifications, account invitations to other users, changes/updates to features of the Service).

3.

Third Party Offers and Software

3.1.

We make no claims or promises with respect to any third party, such as the businesses or advertisers listed within our Service.

3.2.

Accordingly, we are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses or advertisers or their products listed or featured on the site.

3.3.

Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk and subject to the terms and conditions of the third party.

4.

Obligations concerning your data and contact information

4.1.

You are responsible for ensuring that the information you provide us on you are correct, complete, legally permitted and free from any rights of third parties, and for informing us of any changes to the information you have provided.

4.2.

You are responsible for informing us of any changes to the information you have provided. The address and contact details of the customers are kept up to date. Disadvantages caused to customers due to incorrect information, go to their risk at expenses. Disadvantages that arise due to incorrect information for us will be charged to the customer if the incorrect information is within their own sphere of responsibility.

4.3.

If a registration is incomplete, we are entitled to delete the user account within one week.

5.

Obligations of the users

5.1.

Users warrant that their content, in particular reviews, self-presentations and inquiries, is consistent with the truth, permitted by law and unencumbered by third-party rights.

5.2.

The following content in particular is not permitted: Pestering (stalking), threats, insults, and the assertion of incorrect facts; content that may be detrimental to the development or education of children or young adults or put them at risk; content that infringes third-party copyrights, trademark rights, competition rights or rights to privacy; content that is racist or xenophobic, glorifies violence or is seditious, pornographic, degrading or immoral; content that may affect the health of individuals; chain letters, bulk messages with or without advertiser content (spamming); links to sites with such content; sweepstakes, contests, lottery draws or similar promotions; publication of private data (such as e-mail addresses); commercial advertising or references praising other competitor services.

5.3.

If users create content that is subject to certain labeling or information requirements (e.g. legal information on the content provider), users are required to appropriately fulfill the respective labeling and information duties.

5.4.

The Service Provider has the right to remove non-relevant content, in particular content that does not relate to the specific thematic area of a Service (for example, political or religious topics in a range of games).

5.5.

If users can directly contact and invite other users, this contact and invitation option may not be used for advertising purposes or to otherwise harass the contacted users (for example, through repeated requests for a reply even if no answer is forthcoming or a wish not to be contacted has been expressly stated). The Service Provider reserves the right to restrict the function both generally and in individual cases if users should feel harassed.

5.6.

The Service Provider reserves the right not to release content or to reverse the release thereof if there is concrete evidence to suggest that the content is in breach of statutory regulations, official prohibitions, the rights of third parties or public morality. The Service Provider is not, however, obliged to verify the content in advance.

5.7.

The Service Provider reserves the right to restrict the number or function of affiliate and similar advertising links placed by users and to prohibit the use of such links altogether.

6.

Responsibility for content and information

6.1.

The Service Provider is neither responsible nor liable for user-generated content or for linked content on other websites.

6.2.

The Service Provider wishes to point out that no claim is made regarding the accuracy, completeness, legal admissibility and absence of any rights of third parties of the content provided within the Service. Content is provided for fun and entertainment purposes only (such as Horoscopes, quizzes, tests, etc.), and as such, it comes with no guarantee of accuracy or usability of information and/or advice and/or results contained within. The content, the IQ and knowledge tests and all other tests, quizzes and horoscopes are non-scientific fun-content and can never replace medical diagnoses, scientific testing methods or professional advice. Such content is to be understood as non-binding information, recommendations and statements. In particular, no guarantee is offered that the content of the Service can be used in each country in which it is available. This restriction is due to the global nature of the Internet.

6.3.

The user in question, and not the Service Provider, is responsible for user reviews, comments and ratings.

6.4.

Users and other rights holders can complain to the Service Provider about content, stating the content and the criteria by which they have found fault with it, and apply for the correction or deletion of such content. The Service Provider may forward the complaint to the users responsible for the content in question and give them a reasonable period of time in which to comment. The publication of any content reported as inappropriate can be reversed until such time as it has been verified.

7.

Sanctions

7.1.

As the integrity and functionality of the network is essential for the Service Provider, sanctions will be imposed against a user if the Service Provider has concrete evidence to suggest that the user is acting in breach of statutory regulations, third-party rights, public morality and/or these TOS.

7.2.

When choosing the sanction to be imposed, the Service Provider will take into account the legitimate interests of the user concerned and consider, inter alia, whether the case involves non-culpable misconduct or a culpable infringement. The following graduated sanctions are available to the Service Provider: a) the partial and complete deletion of the content of a user, b) the issue of a caution to a user, c) the restriction of the use of applications, d) the temporary blocking of a user, e) the permanent revocation/termination of the rights of a user, possibly linked to an exclusion order.

8.

Provision of usage and representation rights by the user

8.1.

You shall provide us free of charge and unlimited in terms of location,time and type of use with the non-exclusive right to copy, edit, modify, adapt, alter, edit, translate, make derivative works of, publicise, and process the legally protected content, information and data provided by you or in your name and to transfer these rights to third parties such as subcontractors or other users (e.g. in relation to embedding or modification of user generated content).

8.2.

With regard to the geographic, material, temporal and personal scope, the above provision of rights is effected only insofar as it is required for our fulfillment of the contractual services and subsequently expires automatically. Before initiating legal action, you shall notify us of any usage of the rights outside of this framework and give us an opportunity to stop using these rights or to limit their usage to the required extent.

9.

Your Rights

9.1.

You may use our Service within the limits of these ToS for yourself or your company. You are not entitled to rent, lend, lease, sell or make the Service capable of protection wholly or partially accessible in any technical form whatsoever to third parties for remuneration or free of charge without our explicit written approval. Sub-licences must not be issued.

9.2.

You may only use our Service via the input masks and interfaces provided. In particular, excessive use over and above normal levels of Service and interface usage intensity and frequency to be expected is prohibited (e.g. due to the use of software whose technical faults generate constant unnecessary access via our interfaces).

9.3.

You must not use our Service in any way that causes, or is likely to cause our Service or any access to it to be interrupted, damaged or impaired in any way, or for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or to cause annoyance, inconvenience or anxiety.

9.4.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these ToS or any other applicable terms and conditions, guidelines or policies.