The following General Terms and Conditions govern the contractual relationship between LOVOO GmbH, Prager Straße 10, 01069 Dresden, Federal Republic of Germany, registered in the Commercial Register of the Local Court of Dresden under HRB 31175 (hereinafter referred to as “LOVOO”) and the users who use the services of LOVOO (hereinafter referred to as “Users”), and define the terms under which LOVOO services are used.
By registering on LOVOO, e.g. on http://www.lovoo.com (hereinafter referred to as “Website”) and all domains referring to it as well as in the mobile apps for iOS and Android devices (hereinafter referred to as “Mobile Apps”), the User agrees to the terms and conditions below. Should the user not agree to the terms and conditions, registration must be waived.
WE DO NOT CARRY OUT ANY CRIMINAL BACKGROUND CHECKS
The terms and conditions described here apply to the use of the LOVOO website and the mobile apps of LOVOO GmbH as well as to all websites of LOVOO GmbH that make reference to these GTC. Deviating regulations and, in particular, terms of the user that are in conflict with the terms and conditions require the express consent of LOVOO in text form.
a. The contract between LOVOO and the user is brought about by the creation of a user account by means of free registration on the part of the user on the website or the relevant mobile apps.
b. The user can register for free by completing the registration form. The user can register via the Connect features of third-party providers (e.g. Facebook Connect). During this process, selected data from the respective user profiles are saved in the LOVOO database. During registration via the Connect features, the user agrees to the respective terms of the third-party provider and consents to certain data being saved in the LOVOO database.
d. Use of the service is free and sponsored by advertising. The user can activate fee-based features by purchasing or signing up for a subscription.
e. Only one user account can be created for each user. Existing user accounts must be deleted before a new user account can be registered. Multiple registration and repeat registration is prohibited for users blocked by LOVOO.
f. Use is only permitted for natural persons of adult age.
g. Use is not permitted for sex offenders. These are persons who are registered as a “Sex Offender” in the USA or have previously been convicted for sexual offenses (Sections 174 to 180 or Section 182 of the German Penal Code (StGB) or Sections 180 a, 181 a, 183 to 184 g of the German Penal Code) or pursuant to relevant offenses (Sections 171, 225, 232 bis 233 a, 234, 235 or 236 of the German Penal Code) or their respective regional equivalents for the protection of children and young people.
(1). LOVOO offers users in selected countries the Live Video feature in the mobile apps, which a user (hereinafter referred to as “Streamer”) can use to create a live stream (hereinafter referred to as “Broadcast”), which any number of users can watch (hereinafter referred to as “Viewers””). (2). Viewers can publicly comment on this Broadcast or join the broadcast as a guest Streamer. Viewers can give the Streamer virtual gifts, e.g. in the form of animations. These virtual gifts have previously been exchanged by the Viewer for a certain amount of in-app credits. (3). The Broadcast can be simultaneously transmitted to other apps of LOVOO GmbH, and a corresponding message is displayed before the start of the Broadcast. Should the user participate in such a Broadcast, the stream content is shown in all apps.
a. The user can acquire different additional fee-based benefits (“fee-based features”) in the apps and via the website, e.g. subscriptions, virtual goods (e.g. in-app credits or icebreakers).
b. Fee-based features may have a fixed term.
c. Fee-based features may be linked to the user account.
d. The applicable price of the fee-based feature is shown to the user prior to the final purchase. The terms of the respective fee-based features apply.
e. Users ordinarily resident outside of the European Union may only purchase fee-based features in the country where they ordinarily reside. Users ordinarily resident in the European Union may only purchase fee-based features within the European Union.
a. Subscriptions are fee-based features with a term. When a fee-based feature with a term is booked, the user signs up for a subscription which automatically renews depending on the term selected by the user, provided that the user does not terminate it in a timely manner.
b. Subscriptions are contracts independent of the user account, provided that the terms of the subscription do not stipulate a connection to a user account.
c. The user can transfer subscriptions to another user account. Following notification of the new user account, LOVOO transfers the Premium membership to the new user account.
d. Both parties can cancel a subscription with a notice period of 24 hours before the expiry of the subscription.
e. The user account remains unaffected by the cancellation of the subscription. The user can continue to use his/her user account following cancellation without the additional features included in the subscription.
f. Cancellation must be carried out in iTunes or the Apple Play Store for a subscription which has been purchased or signed up for via iTunes or the Apple App Store. LOVOO cannot carry out reversal charges/cancellation due to technical restrictions of these stores.
g. Subscriptions that have been signed up for via other payment providers can be canceled directly via the respective provider and in text form (by fax and email) or written form (by letter) with respect to LOVOO. In the event of cancellation, the user must specify the email address of the user account, for which the subscription is active, otherwise allocation to the user account is not possible.
i. Should LOVOO terminate a subscription on important grounds for which the user is responsible, the user must compensate for any losses.
a. Virtual goods are permanent or consumable virtual goods which the user can purchase via the website or in the apps.
b. Virtual goods are linked to a user account and the user cannot transfer virtual goods to other user accounts, unless the terms of the respective fee-based feature specifies otherwise.
c. With the acquisition of virtual goods, the user receives virtual goods linked to the user account, e.g. credits or icebreakers, which he/she can user in the app or on the website to activate features or to purchase other virtual goods, such as effects or gifts.
d. Should the user delete or cancel his/her user account, the user shall irrevocably lose virtual goods.
a. The user can cancel his/her user account at any time without observing any notice period.
b. The user can cancel his/her user account by deleting his/her user account or by canceling it by giving notice in text or written form. To delete his/her user account, he/she can find a corresponding “Delete Account” option in his/her account settings on the website and in the mobile apps. Cancellation can also take place in text form (by fax and email) or in writing (by letter). In the event of cancellation, the user must specify the email address that he/she has stored in his/her user account, otherwise allocation to the user account is not possible. c. Should the user account be canceled or deleted by the user, all fee-based features included within it or activated there shall expire, with the exception of subscriptions independent of the user account or virtual goods independent of the user account.
a. LOVOO can terminate the user account ordinarily with a notice period of 2 weeks.
b. LOVOO can terminate a user account by giving notice in text or written form.
c. Should LOVOO terminate the user account on the basis of reasons for which the user is not responsible, the user is entitled to reimbursement of the purchase price of the fee-based features linked to the user account, insofar as the fee-based feature has not been fully used or consumed.
(1). The user may use a pseudonym on the platform. If the user decides to include information (e.g. data or images) in his/her user account, this must be truthful and accurately describe his/her personality. In particular, information is inaccurate or untrue where the user cannot be identified in the included information or it shows a person other than the user.
(2). The user shall ensure that he/she can be reached via the e-mail address specified at the time of registration. The user will keep the email address saved on LOVOO current and handle communication with LOVOO via this email address. When communicating via email, the user shall write from the email address saved on LOVOO in order to facilitate allocation to a user account. If the user communicates from another email address or does not communicate via email, the user must make arrangements so that he/she is able to confirm the authorization to communicate with LOVOO from this email address. Delays due to lack information of the user shall be at his/her expense.
(3). The user is required to only specify his/her own data (including his/her email address) and not that of another person. In particular, he/she undertakes not to provide the bank details or the credit card information of third parties with the intent to defraud.
(4). LOVOO may have the accuracy of the information stated by the user reviewed in order to verify the identity of the user and ensure the functionality of the platform. At the request of LOVOO, the user shall prove his/her identity or verify himself/herself. In the event of refection or non-verification, LOVOO is authorized to carry out extraordinary termination without notice.
(1). The user undertakes to conduct himself/herself on the LOVOO platform in line with our Content and Conduct Policy, available at Content Guidelines and Code of Conduct. Any behavior that is racist, offensive, discriminatory, harassing, defamatory, sexual, pornographic, glorifies violence or is otherwise unlawful is prohibited.
(2). The user grants LOVOO free, non-exclusive, transferable, sub-licensable rights, unrestricted in terms of time, space and content, (hereinafter referred to as “Right of Use”) to all content (e.g. images, texts, comments, Live Video content) generated, transmitted, saved or published by him/her on the LOVOO platform (hereinafter referred to as “User Content”) in order to use and exploit User Content with the aim of commercial marketing.
(3). The user is solely responsible for his/her User Content. The user is required to ensure that his/her User Content is not racist, offensive, discriminatory, harassing, defamatory, sexual, pornographic, glorifies violence or is otherwise unlawful. This obligation is substantiated by the Content and Conduct Policy, available at Content Guidelines and Code of Conduct. LOVOO is entitled, however not required, to delete or terminate User Content that infringes these regulations and to temporarily block the user account of the responsible user or terminate the contractual relationship.
(4). The right of use includes the right of use for commercial and non-commercial use, including all currently unknown forms of use which will be known in the future. In particular, the granted right includes the right to reproduce, distribute and exhibit, the right to disclose in public, including the right of recital, performance and presentation, the right to make publicly accessible, the right to stream, the right to reproduce through an image or sound carrier as well as the right to make publicly accessible (particularly via the Internet) and disclose as well as all rights of the database provider pursuant to Section 87 b of the German Copyright Act, including the right to reproduce, distribute or disclose in public and, in particular, the right to enter in database systems. The granting of rights particularly includes the unrestricted right to make content created by the user, particularly videos, graphics and texts, publicly accessible on the website of LOVOO or in search machines and on social media and to use it for advertising measures of any kind, as well as the right to edit and modify. Should the content be used outside of the apps of LOVOO GmbH or the LOVOO platform, the user has the right to be named as the author, at which his/her profile name stored in his/her user account is used with reference to the LOVOO platform. In the event of use in the apps of LOVOO GmbH or on the LOVOO platform, the user shall be named as the author in the usual manner for the platform.
(5). The user assures and warrants that he/she is authorized to grant the right of use in this form to his/her User Content and may freely dispose of it in the manner specified in the contract. Should the user become aware that third-party rights exist, he/she must notify LOVOO of this without undue delay. The user shall hold LOVOO harmless from any third-party claims in this regard and compensate for the reasonable costs of legal defense.
(1). Should the user use the app or LOVOO platform as a Streamer, he/she is required to take all reasonable measures during his/her Broadcasts to ensure that the regulations for use of the Live chat are observed by his/her viewers and guest Streamers during his/her Broadcasts. The Streamer is required to ensure prior to the Broadcast that he/she has obtained all necessary rights, licenses and authorizations. (2). The Streamer shall not provide misleading information about his/her location. The Streamer shall aim his/her Broadcast at the country in which he/she is ordinarily resident.
The use of the LOVOO platform is only permitted for private purposes outside of the Live Video feature and the LIVE by LOVOO app. The Live Video feature and the LIVE by LOVOO app may be used for commercial purposes, provided that the Streamer has reported his/her commercial activity to LOVOO and LOVOO has consented to the use. LOVOO may predicate commercial use on other preconditions. In the event of unauthorized commercial use, LOVOO may extraordinarily terminate the user account without giving notice.
The user shall not send any private messages that are racist, offensive, discriminatory, harassing, defamatory, sexual, pornographic, glorify violence or are otherwise unlawful. This obligation is substantiated by the Content and Conduct Policy, available at https://sites.google.com/lovoo.com/contentpolicy-lovoo/startseite. LOVOO may check user messages for suspected spam for the purpose of the spam filter used by LOVOO and use them to train the spam filter.
(1). The user shall define access data, his/her email address and a password for his/her account. The user must select a secure password and not use the password for another service.
(2). The user is liable for all actions that have been carried out with his/her user profile. This access data may not be passed on to third parties, this includes spouses, life partners, relatives and friends. The access data must be kept safe from third-party access. Should there be reason to suspect that third parties have acquired this data, the access data must be changed immediately and the possible misuse reported to LOVOO immediately.
(3). The user is responsible for regularly backing up his/her data.
(4). LOVOO cannot check all details of other users because this is only partially possible due to the sheer quantity and the lack of opportunity to identify persons on the Internet. Even if a user has been marked as verified, this does not mean that LOVOO has reviewed all information provided by this person or that it is correct. The user is responsible for checking the information provided by another user prior to interacting with him/her in the form of a chat conversation, a meeting outside of the LOVOO platform or in some other way.
(1). The user may not use his/her user account to send messages containing malware or phishing, spam or junk-mail messages (e.g. unsolicited mass messages, chain letters, unsolicited commercial messages) or to arrange illegal activities (e.g. for fraud or extortion). (2). The user may not make his/her profile available or use it for credit farming. He/she may not participate in credit farming. Credit farming occurs where a sole user or a group of users create or use user accounts to collect free credits in a businesslike manner. Credit farming also occurs where free credits are obtained by means of manipulation, deception or exploitation of programming errors.
a. LOVOO can irreversibly remove User Content that infringes the Content Guidelines and Code of Conduct. There is no entitlement to recovery of the information erased by LOVOO. LOVOO can report User Content that infringes criminal law to law enforcement agencies.
b. Should the user infringe these contractual terms or the Content Guidelines and Code of Conduct, LOVOO can, depending on the severity of the infringement,
(1) issue the user with a warning, (2) temporarily block individual features of the LOVOO platform for the user or the user account of the user, (3) permanently block features of the LOVOO platform for the user, (4) permanently block the user account of the user or (5) terminate the user account extraordinarily and ban the user from re-registering. Warning and blocking act as a written warning.
b. In determining the severity of the infringement, LOVOO shall look at
(1) the previous behavior of the user (such as previous warnings) and the reasoning of the user, (2) how other users are affected and the number of complaints about this user, (3) and the violation of applicable law in an appropriate manner.
d. Should the user commit a crime with his/her user account, LOVOO is entitled to extraordinarily terminate the user account without giving notice and without prior warning on important grounds.
e. Should LOVOO terminate the user account due to reasons for which the user is responsible, the user must compensate for any damage incurred.
f. A user who uses the LOVOO platform (1) without permission for commercial or business purposes, (2) uses the platform to send messages prohibited pursuant to 9.h., (3) is deceptive about his/her identity on the platform or pretends to be another person is required to pay LOVOO a contractual penalty of €5,001. Further claims of LOVOO remain unaffected.
In the event of intentional or grossly negligent violation of his/her obligations, the user is required to compensate LOVOO or the legal representatives or vicarious agents of LOVOO for any damage incurred.
a. Irrespective of the legal grounds, LOVOO is only liable where damages (1). have been caused by culpable breach of one of the cardinal duties or essential duties in a way that jeopardizes the attainment of the contractual purpose or (2). can be attributed to gross negligence or willful intent on the part of LOVOO. If, pursuant to the paragraph above, LOVOO GmbH is liable for the breach of an essential contractual obligation in the absence of gross negligence or willful intent, the liability is limited to the extent of damage that LOVOO typically had to expect at the time of contract conclusion based on the circumstances known to it at that time. This also applies in the same way to damages caused by the gross negligence or intent of employees of the representatives of LOVOO, who are not its managing directors or executives. Liability for consequential damages, particularly for loss of profit or compensation for third-party damages, is excluded, unless LOVOO is guilty of willful intent or gross negligence. b. Compensation claims pursuant to the German Product Liability Act and for damages arising from injury to life, body or health remain unaffected by the above limitations of liability. c. LOVOO is only liable for the loss of data and programs and their recovery insofar as this loss could not have been prevented with reasonable precautionary measures, particularly by creating daily backups of all data and programs. d. LOVOO is not liable for the content of other users that has not been placed on the platform by LOVOO where LOVOO had no knowledge of the unlawfulness of the content. e. These liability limitations for the benefit of LOVOO also apply to legal representatives and vicarious agents of LOVOO.
The EU Commission provides a platform for online dispute resolution (OS platform). It can be accessed here: www.ec.europa.eu/consumers/odr. LOVOO is neither required nor prepared to participate in dispute settlement proceedings before a consumer arbitration board.
a. The contractual agreements between the contracting parties are governed by the law of the Federal Republic of Germany.
a. Amendments to the contract, supplements and ancillary agreements require the text form on both sides to be effective, unless otherwise specified in these General Terms and Conditions. The text form requirement also applies to the waiver of this text form requirement.
b. Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable following conclusion of the contract, the effectiveness of the remainder of the contract shall remain hereby unaffected. The ineffective or unenforceable provision shall be replaced by an effective and enforceable regulation with an effect that comes closest to the economic objective, which the parties pursued with the ineffective or unenforceable provision. The above provisions apply in the event that the contract turns out to be incomplete. In the event of differences between the different language versions, the German version shall prevail.
The following right of withdrawal for consumers applies to use of LOVOO within the framework of paid subscriptions as well as the purchase of credits:
You have the right to withdraw from this contract within fourteen days without specifying reasons. The withdrawal period is fourteen days starting from the date of contract conclusion. To assert your right of withdrawal, you must inform us (LOVOO GmbH, Prager Str. 10, 01069 Dresden, Germany, email: email@example.com) by means of a clear statement (e.g. a letter sent by post, fax or email) on your decision to withdraw from this contract. To do this, you can use the enclosed template withdrawal form, however, this form is not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification regarding assertion of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
Should you withdraw from this contract, we are required to reimburse you for all payments that we have received from you, including the delivery costs (with the exception of additional costs that have been incurred as a result of you selecting a type of delivery other than the inexpensive standard delivery offered by us), without undue delay and within fourteen days of the date on which the notification of your withdrawal from the contract is received by us. For this reimbursement we use the same payment method that you used for the original transaction, unless otherwise expressly agreed with you; you will not be charged for this reimbursement under any circumstances. Should you request that the services start during the withdrawal period, you must pay us a reasonable sum that is equal to the amount of the services already rendered by the time at which you notify us of the assertion of the right of withdrawal with respect to this contract in relation to the entire spectrum of services set out in the contract.
Should you wish to withdraw from the contract, please complete this form and send it back to us. To: LOVOO GmbH, Prager Str. 10, 01069, Germany; email: firstname.lastname@example.org
I/We (*) hereby withdraw from the contract concluded by myself/us (*) regarding the purchase
of the following goods (*)/ the rendering of the following service (*)
Ordered on (*)/ received on (*): __________________________ Name of the consumer(s): __________________________ Address of the consumer(s): __________________________
Signature of the consumer(s), place, date
(for notification on paper only)
(*) Delete as applicable.