Terms and Conditions for the use of the Live Video feature by LOVOO
Last modified: 14 September 2022
These Terms and Conditions for the use of the Live Video feature by LOVOO ("Terms") regulate the use of the Live Video feature ("Live") and are concluded between LOVOO GmbH, Prager Straße 10, 01069 Dresden, Germany ("LOVOO") and the user of Live ("User").
In addition to these Terms the Community Guidelines apply.
LOVOO operates Live. The User accesses Live via an application of LOVOO or a third party (together "Third-Party App") which offers the User the possibility to use Live over the User's account created and registered with the provider of the Third-Party App. Since the User wishes to make use of this possibility, the Parties agree on the following terms and conditions:
"Live" is a video streaming feature for mobile applications, where users of different partner companies can meet and interact with each other. Users can create a live stream which any number of other Users can watch, publicly comment, or join in as a guest ("Broadcast"). Users who create their own live streams are insofar referred to as "Streamers" in the following. Users who watch live streams of other users are insofar referred to as "Viewers".
These Terms only regulate the use of Live. The use of the Third-Party App the User is registered with is subject to agreements between the User and the operator of the respective Third-Party App.
LOVOO is not responsible for any malfunction and/or failure or similar of the Third-Party App even if the User is unable to use Live due to that failure or malfunction.
Both consumers and entrepreneurs use Live. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity ("Consumer"). An entrepreneur acts in the exercise of his commercial or self-employed professional activity ("Entrepreneur").
The Terms apply in the version valid at the time of the registration for Live.
Main Obligations of the Parties
LOVOO agrees to make Live available to the User free of charge in accordance with these Terms.
The obligation from No. 2b does not prevent the User from exercising the User's rights under data protection law and, in particular from revoking consent given and/or objecting to the processing of his data in accordance with Art. 21 EU Regulation 2016/679).
However, if the revocation of consents and/or the objection to the processing leads to a situation where the continuation of the contractual relationship is unreasonable, considering the scope of data processing that is still permissible and weighing the interests of both parties, LOVOO may terminate the contract of the User without a notice period.
The User can purchase Credits which he can use solely within Live from the respective Third-Party App provider. This purchase is subject to the terms and conditions agreed between the Third-Party App provider and the User.
Viewers can use Credits to show their support for Streamers or for a Broadcast they enjoyed by triggering live animations which are provided by LOVOO ("Virtual Gift"). The Streamer in question receives a performance-based compensation from LOVOO that is based on the Virtual Gifts triggered by Viewers during the Broadcast. A contractual relationship between the User who triggering the Virtual Gift and the Streamer does not arise from the purchase of the Virtual Gift.
Streamers receive a performance-based compensation ("Revenue Share") for all Credits that Viewers use for Virtual Gifts during their Broadcast. For each Virtual Gift triggered during their Broadcast, Streamers receive the equivalent value of the Virtual Gifts in Diamonds, as defined in Appendix 1 below, in their account.
LOVOO is entitled to adjust the respective exchange rate with a notice period of 2 weeks; the value determined by LOVOO at the time of the stream is decisive. Streamers shall be notified in advance.When adjusting the rate LOVOO will take into account the legitimate interests of the users and ensure that there is no inappropriate devaluation of Credits and/or Diamonds.
Streamers can only claim Revenue Share if and to the extent Virtual gifts are backed with Credits that their Viewers regularly received as free Credits or properly purchased and fully paid and if the purchase is not based on Prohibited Conduct within the meaning of No. 5 and/or executed to enable or facilitate such Prohibited Conduct. In addition, the claim does not arise if the Streamer violated applicable law or these Terms, including the Community-Guidelines, in a significant way during the relevant Broadcast (e.g. showing pornographic content in the Broadcast).
The claim to receive the Revenue Share is also subject to the resolutory condition that the Viewer does not claim repayment for Credits that have already been used for Virtual Gifts . This is particularly the case if the purchase of the Credits is contested, revoked or otherwise eliminated or if the User revokes the payment made for the Credits.
The User is not allowed to use Credits, Virtual Gifts and/or Diamonds for purposes that are not related to Live.
Increasing Revenue Share by means of credit farming, self-gifting or group-gifting is not allowed.
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.
Self-gifting occurs when the Streamer gives himself/herself Virtual Gifts with his/her own User account or a second User account (whether his/her own profile or a profile of a third party controlled by the Streamer).
Group-gifting occurs when several users give each other gifts in order to increase Revenue Share
Chargeback and expiry of Diamonds
LOVOO is entitled to charge back Diamonds cashed out to a Streamer if and to the extent that the Streamer did not have a valid Revenue Share claim based on No. 4.c and/or 4.d of these Terms.
If more Diamonds are charged back than the User has in his account, because the User already cashed out Diamonds or exchanged them for Credits, there will be a negative balance on the User's account. In this case, the User is obliged to settle the negative balance within 6 weeks of its occurrence. However, in case of substantial reasons, LOVOO shall set a longer period for the User to settle the balance. The User can settle the negative balance by earning new Diamonds as a Streamer. Alternatively, the User may reverse a cash payout for Diamonds and/or an exchange of Diamonds into Credits affected by the charge back by refunding all or part of the amount of Euro or Credits he received. In this respect, the same conversion ratio applies as for the cash payout or exchange.
Diamonds have a validity period of 36 months and automatically expire at the end of the quarter in which this 36-month period ends.
Diamond Cash Out
The User may have Diamonds in his or her account paid out in Euros on the basis of the exchange rate and the conversation stages stipulated in Annex 1, provided that he has the minimum amount of Diamonds ("Cash out Threshold") specified in Annex 1.
LOVOO is entitled to adjust the exchange rate, conversation stages and/or the Cash out Threshold with a notice period of 2 weeks; the exchange rate at the time the User starts the cash out process is decisive. Streamers shall be notified about this in advance.When adjusting the exchange rate LOVOO will take into account the legitimate interests of the users and ensure that there is no inappropriate devaluation of Diamonds.
Diamonds are paid out exclusively by means of PayPal transfer to a PayPal account specified by the User which is maintained in Euros and must be in the name of the user. For security reasons, a transfer can only be made once the User has identified himself/herself to LOVOO.
To detect fraud attempts, the cash-out may be subject to a review by LOVOO, which may result in a delay of at least 48 hours.. Furthermore, LOVOO may refuse to cash out Diamonds if there is a reasonable ground for suspicion that the Diamonds in question are subject to charge back under No. 6.a. in conjunction with No. 4.c. or No. 4.d.
Diamond Credit Exchange
The User may have Diamonds in his or her account exchanged in Credits on the basis of the exchange rate and the conversation stages stipulated in Annex 1, provided that he has a minimum amount of Diamonds ("Exchange Threshold") specified in Annex 1.
LOVOO is entitled to adjust the exchange rate, the conversation stages and/or the Exchange Threshold with a notice period of 2 weeks; the exchange rate at the time the User starts the exchange process is decisive. When adjusting the exchange rate LOVOO will take into account the legitimate interests of the users and ensure that there is no inappropriate devaluation of Diamonds and/or Credits.
To detect fraud attempts, the cash-out may be subject to a review by LOVOO, which may result in a delay of at least 48 hours.. Furthermore, LOVOO may refuse to exchange Diamonds if there is a reasonable grounds for suspicion that the Diamonds in question are subject to charge back under No. 6.a. in conjunction with No. 4.c. or No. 4d.
Limitations of Diamonds
A transfer of Diamonds to another User account is not possible.
It is also not possible to use Diamonds in any other way than described in No. 7 (Cash Out) or No. 8 (Credit Exchange).
Taxes** and respective duties of the Streamer**
Streamers provide an entertaining performance to LOVOO, for which they receive Diamonds as a revenue share. Streamers are responsible for correct taxation on revenue and income on their part. Streamers who receive Diamonds shall ensure that LOVOO is correctly informed about their VAT status. Furthermore, streamers who participate in the Diamond Program shall ensure that LOVOO is correctly informed as to whether they are subject to taxation in Germany or abroad pursuant to Section 1 of the German Income Tax Act and what their nationality is.
Streamers are required to correctly declare their earnings made via Live to authorities or other official bodies in a timely and duly manner.
Streamers are required to comprehensively and swiftly assist LOVOO in fulfilling the aforementioned obligations, particularly to provide any requested evidence without delay and to answer queries truthfully without delay.
LOVOO can report suspicions to the responsible authorities (in particular, financial or social authorities) in the event of reasonable suspicion that these obligations are not being met.
Obligations of the User
In general, each User should only use Live via one account. However, if a User is registered with several Third-Party Apps, the User may use Live with any of these accounts. In this case, the User must indicate this to LOVOO at the email address email@example.com stating the number of accounts and the different User names. Interaction between such accounts or with content created with these account, e.g. by giving Virtual Gifts, posting comments, or similar practices, is prohibited.
The User acknowledges that LOVOO wants Live to be an environment where people of all sexualities, skin colors, religions and sexual orientations feel comfortable at all times. Therefore, the User agrees to comply with the Community-Guidelines at all times
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), to promote any own or third party business activities except from Broadcasts within Live or to arrange illegal activities (e.g. for fraud or extortion).
If the User uses Live as a Streamer, the Streamer is required to take all reasonable measures during his/her Broadcast to ensure that his/her Viewers and guest Streamers during his/her Broadcasts comply with these Terms and especially with No. 5. and No. 11. The Streamer will block users who repeatedly or significantly violate these Terms temporarily or permanently and inform LOVOO.
The Streamer shall not provide misleading information about his/her location.
Availability and Updates
LOVOO will make every reasonable effort to ensure that Live is available to the greatest extent possible, at least 98% per year. The User acknowledges that there are downtimes due to maintenance and software updates as well as periods in which the service cannot be reached via the internet due to technical or other issues that are outside of the influence of LOVOO (force majeure, fault of third parties, etc.).
If LOVOO learns of any failures or malfunctions of Live, LOVOO will attempt to remedy these as quickly as possible within regular working hours in Germany (Monday to Friday 09:00 am to 06:00 pm). If an outage or significant malfunction cannot be corrected within 48 hours, LOVOO will notify users by email, stating the estimated duration of the outage or malfunction.
To be able to us Live to the full extent, the User must use the latest technologies or facilitate the use of these on his/her device and use an up-to-date Android or iOS version. Should older or not generally customary versions or technologies be used, it may be the case that the User may only use the Live services to a limited extent.
If LOVOO or the provider of the Third-Party Apps offer updates to Live and/or updates to the Third-Party Apps that affect Live, the User is strongly recommended to implement them as soon as possible. It is the User's responsibility to install such updates within a reasonable period of time. If the User fails to do so, even though LOVOO or a provider of a Third-Party App has advised the User of the availability of the update and the consequences of failure to install it, LOVOO shall not be liable for any product defects resulting from failure to install the update. If the User is unable to carry out the installation properly on the basis of the information provided to him, he is obliged to inform LOVOO of this immediately.
For the provision, further development as well as the secure operation of Live and to ensure compliance with these Terms and the Community Guidelines, the user grants LOVOO free of charge a non-exclusive, territorially unlimited, sublicensable right of use to all content that the user publishes as part of the Broadcasts or otherwise makes generally accessible on Live ("User Content"). For as long as and to the extent necessary for the aforementioned purposes, LOVOO may store, reproduce, modify, make available to third parties, duplicate, distribute, display, make publicly available and communicate User Content by means of visual and audio media.
Warranties and Indemnification of the User
The User warrants,
that the User is the unrestricted owner of the User Content and that the User can dispose of these rights unconditionally and freely and does not otherwise dispose of them in a manner which conflicts with the granting of rights which are the subject matter of No. 15. of this Terms,
that the User Content is not encumbered with rights or claims of third parties, do not violate copyright, other rights of a third party (e.g. personal rights, rights to a name, trademark and patent rights etc.), laws and/or morality.
The User shall indemnify LOVOO and its legal successors against all claims of third parties which should be raised against LOVOO or its legal successors in connection with the exercise of the rights regarding the User Content. For users who do not use Live commercially, this does not apply if the User is not responsible for the (asserted) infringement of the third party rights and/or laws leading to the claims.
As far as the User becomes aware of impairments of the rights regarding the User Content, the User must inform LOVOO of this without delay.
Commercial use of Live
If a User intends to use the live function wholly or predominantly for commercial purposes ("Commercial Use") and in particular to generate Revenue Share as a constant source of income, the User must notify LOVOO of this in writing or text form (e.g. e-mail). The Commercial Use is only permitted with the consent of LOVOO which must be declared in text form. LOVOO may not refuse consent without an objective reason.
The same applies to users who initially used Live predominantly for private purposes, who subsequently want to continue using it predominantly for commercial purposes.
A Commercial Use of Live without proper authorization may result in permanent suspension without a prior warning if the duration and/or volume of use is significant.
Limitation of Liability
LOVOO shall be liable for intent and gross negligence. Further, LOVOO shall be liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the Agreement, whose breach jeopardizes the achievement of the purpose of the Agreement and on whose compliance the User may rely on regularly. In the latter case, LOVOO shall only be liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by LOVOO's vicarious agents.
The exclusions of liability as stipulated in No. 18.a. shall not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
For Consumers the exclusion of liability under the above provisions applies only to claims for damages. Other statuary rights of Consumers remain unaffected.
Duration and Termination
The contract concluded between LOVOO and the User on the basis of these Terms runs for an indefinite time period.
The User may terminate the contract at any time with immediate effect by declaration to LOVOO. This may be done at least in text form (e.g. e-mail).
The User is aware that LOVOO must inform the respective Third-Party App provider of the termination for technical reasons.
The contract immediately ends, if the User cancels the User's account with the Third-Party App provider through which the User uses Live.
LOVOO may cancel the contract with a notice period of two weeks by giving notice to the User in text or written form.
Infringements of these Terms and Consequences
If a User breaches its obligations under these Terms, LOVOO may take measures to sanction the User's conduct in order to enable all other users to use Live in a pleasant and undisturbed manner. A violation shall be deemed to have occurred in particular, but not exclusively, if the User
uses Virtual Gifts and/or Diamonds for purposes that are not related to Live and especially for criminal purposes (No.5.a.),
uses participates in credit farming, self-gifting or group-gifting contrary to No. 5.b. and/or uses two accounts contrary to No. 11.a. and/or several accounts in order to obtain advantages for own accounts and/or own content,
performs actions or disseminates content that violates No. 11.b./the Community-Guidelines and/or 11.c..of these Terms,
spreads misleading information about his location as Streamer and/or tolerates actions of his Viewers that violate No.5. and/or 11 of these Terms (No. 12) / the Community-Guidelines, and/or
uses Live commercially without the prior consent of LOVOO (No. 17).
LOVOO can take in particular the following measures to react to infringements of these Terms:
issue the User with a warning,
temporarily block individual features of the Live platform for the User (especially the use of Diamonds),
permanently block features of the Live platform for the User (especially the use of Diamonds),
terminate the contractual relationship with the User account extraordinarily and without a notice period, and/or
ban the User from re-registering.
In each case LOVOO will take the measures that, considering all relevant circumstances, constitute an appropriate and reasonable response to the User's conduct. In this regard LOVOO will in particular, take into account
the previous behavior of the User (such as previous warnings) and the reasoning of the User,
how other Users were affected by the infringement,
if and how severe applicable law was violated.
LOVOO will inform the User about the violation the User is accused of, and the action taken or intended to be taken and will give the User the opportunity to give an explanation.
Changes of Live and these Terms
LOVOO may change these Terms and/or Live, or any part of it, if these changes are objectively justified or necessary for legal or regulatory reasons. Such changes can be objectively justified for security reasons (e.g. in the event of technical developments or circumstances that may affect or endanger the provision of the services or systems in accordance with these Terms); to enhance existing features or add additional features to Live; to reflect advancements in technology and to ensure the ongoing operability of Live.
Updates necessary to maintain contractual compliance and the addition or removal of Third-Party Apps from Live shall not be considered as a change to Live.
Transfer of the contract
On the basis of serious grounds (e.g. discontinuation or fundamental change of LOVOO's business model, changes in the legal situation that make it impossible for LOVOO to continue Live in its current form), LOVOO may transfer the contractual relationship with the User to a suitable company. A suitable company is only one that, taking into account all circumstances and in particular its financial situation and history, offers the reasonable expectation of a proper continuation of the contractual relationships to the users.
LOVOO will inform the User about such a planned change of the contractual partner stating the acquiring company and the reasons for the transfer at least 4 weeks in advance.The User may terminate the contractual relationship with LOVOO at any time, with immediate effect and free of charge in accordance with No. 19.b. of these Terms.If the User does not terminate the contractual relationship with LOVOO, the transfer of the contract shall become effective at the time specified to the User in the notice.
These Terms shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.For users who act as Consumers and who have their domicile or permanent residence in a country other than Germany, mandatory provisions of their home country remain applicable to the extent that these users would otherwise be disadvantaged compared to the application of these provisions.
Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining parts of these Terms. In place of an invalid provision, a provision shall apply which comes as close as possible to the economic objective intended by the invalid provision in a legally permissible manner. The same shall apply in the event of a regulation loophole.
Under applicable law, LOVOO is obliged to inform Consumers of the existence of the European Online Dispute Resolution Platform, which has been set up by the EU Commission for the resolution of disputes. The European Online Dispute Resolution Platform can be found here: https://ec.europa.eu/consumers/odr/. Contact details of the official dispute resolution bodies can be found under the following link: https://webgate.ec.europa.eu/odr/main/index.cfm.
In the absence of a legal obligation to participate in dispute resolution proceedings before a consumer arbitration board, LOVOO is not obliged or willing to participate in such dispute resolution proceedings. Furthermore, due to legal requirements, LOVOO also refers at this point to LOVOO's e-mail address, which is as follows: [please add].
INFORMATION ON THE RIGHT OF WITHDRAWAL
Right of withdrawal
The following right of withdrawal applies for Consumers regarding the conclusion of the contract on the basis of these Terms.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us, LOVOO GmbH, Prager Straße 10, 01069 Dresden, Germany, e-mail firstname.lastname@example.org of your decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by post, or e-mail). You may use the attached model withdrawal form but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract and/or the purchase of Virtual Gifts, we shall reimburse you all payments we have received from you without undue delay and in any event no later than 14 days from the day on which we are informed about your decision.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Sample withdrawal form
If you want to withdraw from this contract, please fill out this form and send it back.
To LOVOO GmbH, Prager Straße 10, 01069 Dresden, Germany, e-mail email@example.com
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) purchase of the Virtual Gifts / the contract for the use of Live (*)
(*) complete as appropriate