General Conditions and Definitions
- 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.
- Information on the Service Provider can be found at the end of these Terms of Service (ToS).
- 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.
- 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.
- "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.
- "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.
- 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 (Section 13 German Civil Code). 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 (Section 14 (1) German Civil Code).
- 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.
- 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.
- 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.
- 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 16.
- Our apps use data and contents only if they are publicly available or with the consent of the users. We kindly ask you to use our apps only, if other users will not be affected adversely.
Contract Conclusion and Content
- 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.
- We are permitted to refuse the conclusion of a contract for objective reasons.
- 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.
- 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.
- 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).
Third Party Offers and Software
- We make no claims or promises with respect to any third party, such as the businesses or advertisers listed within our Service.
- 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.
- 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.
Obligations concerning your data and contact information
- 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.
- 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.
- If a registration is incomplete, we are entitled to delete the user account within one week.
Obligations of the users
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
Responsibility for content and information
- The Service Provider is neither responsible nor liable for user-generated content or for linked content on other websites.
- 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.
- The user in question, and not the Service Provider, is responsible for user reviews, comments and ratings.
- 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.
- 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.
- 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.
Provision of usage and representation rights by the user
- 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).
- 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 as well as the presentation and information on the functions and ways our services are used (e.g. as examples) 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.
- 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.
- 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).
- 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.
- 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.
- You agree to indemnify, defend, and hold us, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to user's access to or use of our Service, your violation of the ToS, any products or services purchased or obtained by users in connection with our Service, or the infringement by users, or any third party using user's account, of any intellectual property or other right of any person or entity.
- We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Special Terms and Conditions for Publishing
- The following Terms of Service (hereinafter referred to as the "Publishing ToS") shall govern the Publishing in addition to the general ToS. In the event of any conflict between the Publishing ToS and the ToS, the Publishing ToS shall prevail.
- We grant the Publisher a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license for Publishing of any Publishing Items made available for Publishing within Publisher's Site. Publisher warrants and undertakes that it will use the Publishing Items solely within its own Publisher's Sites and solely for the purposes explicitly permitted hereunder. All rights which are not expressly granted herein are reserved by us, including for the avoidance of doubt, all data collected by us in connection with the Publishing.
- All Publishing Items shall be clearly identified at all times using the provided labels, logos, trademarks and service marks which may not be removed from the provided Publishing Items. We shall be entitled to announce the Publication in any media, including, but not limited to, in its partner's list and for such purpose Publisher hereby grants us an irrevocable, perpetual, worldwide license to use Publisher's name, logo, label or any other trademarks or symbols identified with the Publisher.
- Unless otherwise stated neither Publisher nor we shall be entitled to any compensation for and/or in connection with the Publishing.
- The Publisher agrees that the Publishing Items are ad-supported and therefore we may add any advertising materials to, or otherwise use, any Publishing Items that are embedded in the Publisher's Site for any advertisement, promotion or marketing purposes, according to its sole discretion (hereinafter referred to as "Publishing Advertisements"). The Publisher shall not independently add any advertising materials, of any kind, to any Publishing Items, especially in a manner that obfuscates, hides, covers or blocks the Publishing Items or the Publishing Advertisements.
- The Publisher agrees: (a) Not to decompile, disassemble, reverse engineer, modify, adapt, alter, edit, translate, make derivative works of, sell, rent, lease, transfer, sublicense, any Publishing Items or Publishing Advertisements we made available to the User in connection with our services. (b) Not to use the Embedding Service in any way which conflicts with Content restrictions of these ToS. (c) Not to use any method which may lead to falsely generated or artificially-inflated revenues in connection with the Publishing, including, without limitation, the automatic redirection of visitors, the induce of users to click on Advertisements based on incentives, blind text links, misleading links, forced clicks, or because advertising has been altered so or any other method that may lead to artificially high numbers of delivered clicks.
- The Publisher agrees that we, or anyone delegated on our behalf shall have the right, but not duty, to monitor Publisher's compliance with these Publishing ToS, in any form or technology chosen by our sole discretion.
- The Publisher may stop using the Publishing Items at any time. We also may block, remove and prevent the display and use of any Publishing Items at any time. Upon termination, all licenses, and any other rights and services we provide to the Publisher shall cease and terminate immediately.
Remuneration and Billing
- The provisions of this section apply if a contract is concluded between the user and the Service Provider for the provision of fee-based services. If the acquisition and payment processes are to be carried out via a third-party service provider (such as Apple iTunes or Google Play), the contractual terms of said provider will apply in this regard and take priority over the regulations in this section.
- The remuneration currently owed is based on the chosen plan and is quoted net. Statutory VAT applicable at the time of invoicing is charged in addition. The remuneration is due to payment at the beginning of each payment interval.
- We reserve the right to change the scale of remuneration at any time. With regard to current contracts, such change shall take effect only from the beginning of the following contracting period.
- You may settle the remuneration using one of the payment methods we have offered to you.
- The period for submission of pre-notifications by the provider to the customer within the SEPA Direct Debit scheme is two days.
- You will be provided with the invoices electronically.
- Should it not be possible to have an invoice paid by direct debit, you shall bear all consequential costs. These include especially bank charges in connection with the return of direct debits and comparable fees to the extent that you are responsible for the event that triggers the costs. We can send you payment reminders electronically.
- Should you fall into arrears with your payments, we have the right to refuse to fulfill payments due to you and to block access to the user account until such default has been rectified. In such cases we will normally notify you of such at least 10 working days in advance to rectify such default. In the case of users who are consumers, the arrears must not be only marginally and the blocking must not be unreasonable for the user. Our other legal and contractual rights with regard to payment delay shall remain unaffected.
- Should you fall into arrears with your payment, you must expect to be charged 5% interest for late payment above the base interest rate effective for the place of our registered office. Default interest will be charged, even without a written warning, if the payment is not made at the agreed date. We reserve the right to raise a claim for a higher value of compensation for such delay.
- You may offset only uncontested or legally binding debts against our claims, insofar as these are not claims for completion or the rectification of faults. You are entitled to a right of retention only for counterclaims arising from the contract that forms the basis of these ToS.
- A termination of the contract is possible at any time on the free-of-charge plan.
- In case of fee-based plans the contract term for the use of our Service is determined for chargeable plans by the selected payment interval. Unless otherwise stated, the contract will be prolonged automatically upon the expiry of the contract term by the same period, insofar as it has not been previously terminated giving notice of seven days before contract termination.
- Users can object to any consent to receive e-mails and messages in the context of the Service.
- If users desist from using a function or a platform version of the Service (such as the Facebook application but not the mobile application), this is not tantamount to the cancellation of the entire Service. Users can declare their cancellation of the entire Service by notifying the Service Provider and, where applicable to the Service in question, through the use of cancellation or account deletion options, and also by clicking on the termination or "unsubscribe" link of, or, as the case may be, in the e-mails of the Service.
- Both contracting parties reserve the right to an early extraordinary termination of the contract for important reasons. An extraordinary termination is permitted in particular where you remain in default with your payment obligations for two months. Where necessary, a written warning concerning the objectionable conduct must precede the extraordinary termination.
- In case of contract termination, you are responsible for saving your data before your contract expires.
- For the avoidance of doubt, termination of our services Service shall not limit us from pursuing other remedies to which we are entitled under these Publisher Terms and Conditions, any other agreement or under any applicable law, including, without limitation, any injunctive relief.
- Posts and comments, their content and other comparable content will remain within the Service out of consideration for other users if this is required, for example, to ensure that the meaning of conversations or advice or the like is not lost or inverted. Such content can be removed individually on request.
Changes in Service
- The scope of the Service we are offering, the user accounts and their technical design are derived from the current technical status of our Service and the description of services at the time of contract conclusion.
- We reserve the right to extend, change or limit functions on the following grounds: a) if the changes are merely beneficial for users; b) if the changes serve to adjust the services with the applicable law, in particular if the legal situation changes; b) if the changes serve to comply with compelling legal or regulatory judgments; c) the respective change is necessary so far as to close existing security gaps; e) if the changes are of a purely technical or procedural nature with no significant impact for the user. Changes with only an insignificant impact on existing features do not represent "Changes in Service" as understood within limits of these ToS. This applies especially to changes of purely optical kind and mere changes in the arrangement of functions.
- Where such change in the scope of functions impairs your contractual use of our Service to a more than negligible degree, you have the right to a fee adjustment or the termination of your contract.
- You hereby acknowledge that a 100% availability of our Service cannot be technically assured. However, we shall strive to keep our Service available as consistently as possible and assure you of an annual average availability of 98% in accordance with the following limitations in this section.
- We cannot ensure the availability of our Service during times in which it cannot be accessed due to technical or other problems that lie outside our sphere of influence (Force Majeure, third-party culpability, necessary maintenance etc.). Where the safety of the network or the maintenance of network integrity is endangered for reasons beyond our sphere of responsibility, we can temporarily limit access to our Service as required.
- You will be notified of foreseeable downtimes due to maintenance work in good time in advance. Claims in this respect can therefore not be deduced.
- You agree to indemnify, defend, and hold us, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives (hereinafter referred to as "Provider's Entities") of each of harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) user's access to or use of our Service, (ii) your violation of the ToS, (iii) any products or services purchased or obtained by users in connection with us, or (iv) the infringement by users, or any third party using user's account, of any intellectual property or other right of any person or entity.
- We reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers and Limitation of Liability
- PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE PROVIDER'S ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. GERMAN AND AUSTRIAN USERS ARE REFERRED TO THE PARTICULAR LIABILITY LIMITATION CLAUSE FOR THESE JURISDICTIONS. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING OUR SERVICE . BY ACCESSING OR USING OUR SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- OUR SERVICE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE PROVIDER'S ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE PROVIDER'S ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE PROVIDER'S ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONTENT, BUSINESS LISTINGS, RATINGS, REVIEWS, METRICS, OR REVIEW FILTER FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
- PROVIDER'S ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE PROVIDER'S ENTITIES 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 LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
- PROVIDER'S ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE PROVIDER'S ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
- THE PROVIDER'S ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE PROVIDER'S ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) 100 €.
- THE PROVIDER'S ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
Arbitration Clause And Class Action Waiver
- ARBITRATION AN CLASS ACTION CLAUSE: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. “DISPUTE” INCLUDES ANY DISPUTE, CONTROVERSY, OR ACTION BETWEEN YOU AND US CONCERNING OUR CONTENT PLATFORMS OR SERVICES, WHETHER IN CONTRACT, WARRANTY, TORT, STATUTE OR REGULATION, OR OTHER LEGAL OR EQUITABLE BASIS. IF WE ARE NOT ABLE TO RESOLVE ANY SUCH DISPUTE VIA INFORMAL NEGOTIATIONS OR SMALL CLAIMS COURT, THE DISPUTE WILL BE SETTLED BY BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE U.S. FEDERAL ARBITRATION ACT. IF THE CLASS ACTION WAIVER IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THOSE PARTS WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION. ARBITRATION WILL BE ADMINISTERED BY UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL "SMALL CLAIMS" COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT'S RULES AND IF WITHIN SUCH COURT'S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON'S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING. THIS DISPUTE RESOLUTION PROVISION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND NOT BY ANY STATE LAW CONCERNING ARBITRATION. IN THE EVENT THE AMERICAN ARBITRATION ASSOCIATION IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN ONE HUNDRED AND SIXTY (160) DAYS OF FILING THE CASE, THEN EITHER WE OR YOU CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED INSTEAD BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THIS USER AGREEMENT.
- SEVERABILITY CLAUSE CONCERNING CLAS ACTIONS AND ARBITRATION: IF THE PROHIBITION AGAINST CLASS ACTIONS AND OTHER CLAIMS BROUGHT ON BEHALF OF THIRD PARTIES CONTAINED ABOVE IS FOUND TO BE UNENFORCEABLE, THEN ALL OF THE PRECEDING LANGUAGE IN THIS ARBITRATION SECTION WILL BE NULL AND VOID. THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH US.
- SCOPE OF APPLICATION: THE ARBITRATION NOTICE AND CLASS ACTION WAIVER APPLIES ONLY FOR US-CUSTOMERS AND ONLY IF THE LAW GOVERNING CONTRACTUAL RELATIONSHIPS WITH US ALLOWS CLASS ACTIONS AND/OR AGREEMENTS TO ARBITRATE; IT IS PURSUANT TO CONSUMER PROTECTION LEGISLATION; IT IS NOT APPLICABLE FOR CONTRACTS WITH CUSTOMERS FROM EUROPE; HOWEVER IT IS APPLICABLE AS LONG AS CUSTOMERS RESORT TO US-JURISDICTION SEEKING FOR CLASS ACTIONS AND/OR AGREEMENTS TO ARBITRATE.
Confidentiality, self-advertising and competition clause
- The contracting parties undertake to treat all information they gain knowledge of during the fulfillment of this contract as confidential and to use it only for contractually agreed purposes.
- The rights and obligations in accordance with this section concerning confidentiality shall remain unaffected by a termination of this contract.
Change in ToS
- We reserve the right to change the ToS at any time with effect from a future date. The changes will be made only on the following reasonable grounds: a) if the changes serve to adjust the ToS with the applicable law, in particular if the legal situation changes; b) if the changes serve to comply with compelling legal or regulatory judgments; c) if the changes are required because of entirely new services or service elements or technical or organizational processes, which require a description in the ToS and if in this case the contractual relationship with the user will not be affected; d) if the changes are merely beneficial for users.
- We shall advise you of the amended ToS, at least in text form, so that you will have at least four weeks time to object to the change. In case of an objection, we can determine whether the previous ToS in our contractual relationship with you shall remain valid or whether you shall receive the right to termination. Should you not object to the amended ToS within the objection period, they shall be considered to have been accepted.
Information and terms and conditions of Facebook
- The following provisions apply if the Service is to be carried out within Facebook.
- Users cannot enforce against Facebook any claims that arise in connection with the use of the Service.
- The users acknowledge that the Service is in no way sponsored, supported or organized by, or in any way associated with, Facebook.
- All information and data communicated or collected by users as part of the Service are provided solely to the Service Provider and not to Facebook.
Information and terms and conditions of Apple and Google
- If this Service is obtained as an app via Apple iTunes or Google Play the respective terms and conditions and privacy policies of the respective provider apply. If they conflict with these TOS, they shall prevail over these TOS.
Place of Jurisdiction, Applicable Law and Final Provisions
- Any failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise unless unless barred by consumer protection or privacy legislation.
- If one of the above-mentioned provisions is partially or completely ineffective, this does not affect the effectiveness of the remaining provisions.
- Sole place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court competent for our registered office. Place of fulfillment is also our registered office, if the user is an entrepreneur.
- For contracts with merchants, German law applies exclusively.
Provider Information and Contact
- Service Provider is social sweethearts GmbH, Karl-Valentin-Straße 17, D - 82031 Grünwald, Germany
- Imprint and contact data: http://www.socialsweethearts.de/imprint