General Terms and Conditions
LOVOO Terms and Conditions
Preamble
By registration with LOVOO (subsequently referred to as "LOVOO") for example at http://www.lovoo.net or domains referring to it such as http://www.lovoo.eu you confirm your acceptance of the terms and conditions mentioned below. If you do not accept the terms and conditions you must not register.
These Terms and Conditions apply for all websites of the operator LOVOO.
1. Validity.
2. Services.
3. Contract completion, contract start, prices.
4. Data protection.
.
5. Termination of free use.
6. Operator liability.
7. User obligations.
8. Prohibition of business or commercial use, prohibition of spamming.
9. Flat-rate compensation.
10. Copyrights, media use.
11. Changes to Terms and Conditions.
12. Final Provisions.
1. Validity
The Terms and Conditions mentioned here are the regulations under which the use of the website occurs. The Terms and Conditions also apply if the service is used outside the Federal Republic of Germany. By registration with the operator the user acknowledges having read and understood the Terms and Conditions and having accepted them. Differing regulations and specific user conditions which contradict the Terms and Conditions require written consent of the operator.
2. Services
(i) LOVOO operates an online Social Network Community and offers the user access to a database through which
users can get to know each other to develop partnerships and friendships and receive newsletters. This database
contains profiles and information about other users. The users can view the profiles of other users in the database
and be contacted by them as well as create their own profile with photos and enter it in the database.
(ii) The portal is offered exclusively for private purposes. The services provided do not include any commercial
use and this is forbidden. Commercial profiles are identified and carry the names of the respective owners.
(iii) The operator is authorized to entrust third-party service providers and agents with the provision of
parts of or all the range of services.
3. Contract completion, contract start, prices
(i) The contract between LOVOO and the user comes into effect at the time of member registration by the user.
(ii) Use of the services within the scope of § 2 (1) of these Terms and Conditions is free. The operator reserves
the right to offer accounts requiring fees.
4. Data protection
The data protection provisions of the operator apply.
* Third-party providers use Google Cookies to display ads on your website.
* The use of Doubleclick DART Cookies enables Google ads to be displayed on
the basis of user visits to your websites and other website on the internet.
* Users can disable the use of DART cookies by selecting the data protection
provisions of the advertising network and content network of Google.
We rely on third-parties to place ads when you visit our website. These companies may use information
(this does not include your names, address, email address or telephone number) relating to your visits
to this and other websites to place ads for products and services which may interest you. If you would
like to learn more about these practices or know what options you have so that this information is not
used by companies, contact support[at]lovoo.net
5. Termination of free use.
(i) Free of charge membership according to § 2 para. 1 of the Terms and Conditions can be terminated
at any time in writing. Termination can take place by pressing the “Delete Profile button”, which can
be found under “User settings” online. Termination by fax or email is also sufficient.
(ii) The contract regarding free use can be terminated in special cases by the operator without notice,
if the user knowingly provides false information regarding his data or offends or harasses other users.
(iii) After the termination of the contract all user data will be deleted by the operator, as long as
this is not required for evidence purposes due to illegal user activity beyond the termination of the contract.
6. Operator liability
(i) LOVOO is only liable for damages of a psychological, physical or financial kind, associated with
the service offered, insofar as these damages result from a grossly negligent breach of duty by the
operator, and its legal representatives or agents, or intent on the part of LOVOO, and its legal
representative or agents.
(ii) For damages associated with the service offered arising from legal assets other than life, limb
or health, LOVOO is only liable insofar as these damages result from a grossly negligent breach of
duty by the operator, and its legal representatives or agents, or intent on the part of the operator,
and its legal representative of agents.
(iii) LOVOO cannot be legally prosecuted for incorrect information given at user registration, as due
to the scope of information entered by the user it cannot always be verified. It assumes no liability
whatsoever for any misuse of information by other users or third parties. This applies especially when
the user has made the information available himself. In addition LOVOO is not liable for unauthorized
acquisition of personal user data by third parties (e.g. by unauthorized access by hackers to the database),
as long as it is not the actual fault of the operator (taking into account the restriction of paragraphs 1
and 2 of § 10) or the fault of its legal representatives or agents. The operator is authorized, but not
obliged, to verify the content of each text, as well as photos sent/uploaded and image files, based on
the provisions of the Terms and Conditions and if necessary to alter or remove/delete them.
(iv) LOVOO cannot be held liable for significant disruption to the service.
(v) . Furthermore LOVOO is not liable for service breakdowns for which it is not responsible e.g. acts
of nature or technical disruptions to the internet.
(vi) LOVOO takes no responsibility for the content of third-party and external links. Content published
under http://www.lovoo.net and created by users is considered foreign content according to § 5 of the
Teleservices Act (TDG) in the version dated 22.7.1997, wherefore the operator takes no responsibility
whatsoever for this.
7. User obligations
(i) The user is solely liable for the content of his registration and thus for the information that
he submits about himself. He is obliged to take the appropriate measures to prevent unauthorized use
of his data by third parties, in particular passwords. He is obliged to inform LOVOO immediately about
detected or suspected unauthorized use of his account.
(ii) The user ensures that the information submitted is true and describes his character. The
contracting parties agree that it is considered to be of legitimate interest of LOVOO to authorize
the verification of information submitted by the user if necessary.
(iii) The user undertakes to indemnify LOVOO for all kinds of claims, damages, losses or demands which
can arise from registration and/or participation in this service, insofar these damages do not result
from intent or negligence on the part of LOVOO, or its legal representative or agents. In particular
the use undertakes to absolve LOVOO from any liability and from all obligations, expenses and claims
resulting from damages due to slander, insult, damage of personal rights because of a loss of services
for the user, damage of material goods or other claims.
(iv) The user undertakes not to intentionally give the information of third parties (including email
addresses) as his own. In particular he undertakes not to give bank details or credit card details of
third-parties with fraudulent intent.
(v) Furthermore the user undertakes to observe the respectively applicable laws when registering and
using the service at http://www.lovoo.net.
(vi) The user undertakes to treat emails and any other possible incoming messages as confidential and
not to make these public to third parties or forward them without consent of the originator. The same
applies for names, telephone and fax numbers, addresses, email addresses and / or URLs.
(vii) Moreover every individual user undertakes not to misuse the service, in particular:
- not to forward any defamatory (e.g. slander), offensive or in any other way unlawful material or
similar kinds of information.
- not to use the service to threaten or harass other people / users or to infringe the rights
(including personal rights) of third parties.
- not to upload data containing a virus (infected software). In general no software or other material
is to be uploaded which is protected by copyright unless the user owns the rights for it or the
necessary approval – written evidence is required here by the operator.
- not to use the service in such a manner which negatively influences the availability of the services
for other users.
- not to intercept any emails nor attempt to; - not to carry out advertising for other internet portals.
- not to create chain letters or forward them.
- not to mention names, addresses, telephone or fax numbers and email addresses in personal and
voluntary information (user profiles).
(viii) Non-compliance with the above mentioned conduct provisions can lead to immediate termination of
membership of LOVOO and /or civil and criminal penalties for the user himself. In particular this can
result in a claim for compensation. LOVOO reserves the right to exclude the user from its service if
during registration or use of the service the operator considers that immoral, obscene or politically
radical content in written form or photos are being distributed.
8. Prohibition of business or commercial use, prohibition of spamming
(i) The user guarantees not to pursue any commercial and / or business purposes relating to
his use. He guarantees not to use the internet portal for commercial or business reasons.
(ii) Commercial or business use within this internet portal which the user agrees to avoid
includes in particular:
- the offering of goods or services in exchange for money, the submitting of requests for
relevant offers or linking to another site with accessible relevant offers (for example by
linking to specific online auctions)
- advertisments for commercial internet sites, in particular sites which offer goods or
services in exchange for money,
- to serve as illustration or advertisement for businesses or,
- to promote other commercial internet portals. This applies particularly to the promotion
of businesses in the form of pop-ups, banner advertisements or by specifically highlighted
or prominent links. An internet site is also considered to be commercial if it is linked
directly or indirectly to the economic internet portal of another operator.
- mentioning or communicating of value-added service telephone numbers or value-added SMS
numbers (Premium SMS) within this internet portal.
- establishing contacts for the purpose of subsequent profit-making, in particular by
subsequent links to 0900 numbers or value-added SMS numbers.
- the search for possible coworkers, models for agencies or money-making services.
- collecting profile information available within the internet portal or finding out information
(eg. telephone numbers / mobile numbers) of individual users for the purpose of commercial use,
advertising or resale to third parties.
(iii) The user undertakes to refrain from advertising to other users of the service offered
or to other users in any form for commercial offers and from forwarding any messages (private
messages or emails) which serve a commercial purpose. This also refers to placing or mentioning
links in the available profiles of other users or any users of this service or the forwarding of
messages through the internal message interchange system (eg. message forwarding, forums and
profile information).
9. Flat-rate compensation
(i) Any user who attempts to use or uses his participation for commercial or business purposes
according to § 9 of the Terms and Conditions undertakes to pay flat-rate compensation to LOVOO
amounting to five thousand euros. In this case the user is permitted to provide evidence that
no damage has occurred at all or considerably less than the flat rate. LOVOO reserves the right
to prove that a greater amount of damage has occurred hereby.
(ii) In the event of willful or grossly negligent violation of the user obligations described
in § 9 paragraphs 4, 5 and 7 of the Terms and Conditions, the user undertakes to pay the operator
flat-rate compensation amounting to 500€ (in words five hundred euros), as far as the violation
is not already established as flat-rate compensation according to paragraph 1 of this paragraph.
In this case the user is permitted to provide evidence that no damage has occurred at all or
considerably less than the flat-rate. The operator reserves the right to prove that a greater
amount of damage has occurred.
10. Copyrights, media use
(i) The user undertakes not to post any pictures or any other works without being authorized
to according to valid copyright regulations for this purpose.
(ii) The user has no right to demand publication of the profile in the media mentioned.
11. Changes to Terms and Conditions
(i) LOVOO reserves the right to amend the Terms and Conditions.
(ii) The user states his acceptance of the implementation of the amended Terms and
Conditions for contracts closed before the amendment if LOVOO informs the user that
an amendment of the Terms and Conditions has taken place and the user does not object
to the change within two weeks, beginning with the day following notification of the change.
(iii) Communication of the amendment must again include information about the possibility
and the time limit for objections, as well as the relevance and the consequences of the
failure to object. This can take place by email to the email address given by the user.
12. Final provisions
(i) Contract amendments, additions and ancillary agreements require written form
on both sides to be valid. The written form requirement also applies for the
waiver of this same requirement.
(ii) Contractual agreements of partners are subject to the law of the Federal
Republic of Germany excluding the UN Convention of International Sale of Goods
(CISG) and the conflict of laws.
(ii) Should individual provisions of this agreement be or become invalid or unworkable,
the rest of the agreement remains valid. The invalid or unworkable provision is to be
replaced by a valid and workable regulation of which effects come closest to the
economic aim that the contract partners pursued with the invalid and unworkable provision.
The above provisions apply accordingly in the event that the contract is shown to be incomplete.
LOVOO
Stand Nicosia, 01.11.2011