Terms and Conditions for the use of the Live Video feature by LOVOO

Last adjustment: November 29, 2024

These General Terms and Conditions for the use of the live video feature (“Live Terms”) regulate the use of the live lideo feature by LOVOO (“Live”) of the LOVOO app and are concluded between PE Digital GmbH, Speersort 10, 20095 Hamburg, Germany (“LOVOO”) and the user of Live (“User”).

Our Community Guidelines form an integral part of these Live Terms.

Where the generic masculine form is used, it shall refer to people who identify as male, female and non-binary in equal measure.

1. General

2. Main Obligations of Parties

3. Credits

4. Diamonds

5. Prohibited Conduct

6. Chargeback and expiry of Diamonds

7. Cash Reward

8. Credit Reward

9. Transferability; use of Diamonds

10. Taxes and social security contributions; Streamers’ obligations

11. Obligation of the User

12. Streamer obligations

13. Availability and updates

14. Data Privacy

15. Copyright

16. Warranties and Indemnification by the User

17. Commercial use of Live

18. Limitation of Liability

19. Duration and Termination

20. Infringements of the Live Terms and Consequences

21. Changes of Live and the Live Terms

22. Transfer of the contract

23. Final Provisions

INFORMATION ON THE RIGHT OF WITHDRAWAL

Annex 1

1. General

1.1. “Live” is a video streaming function for mobile applications, where users of LOVOO can meet and interact with each other. Users can create a livestream which any number of other Users can watch, publicly comment on, or join in as a guest (“Livestream”). Users who create their own Livestreams are insofar referred to as “Streamers” below. Users who watch Livestreams of other users are referred to as “Viewers”.

1.2. Use is only permitted to natural persons who have reached the age of 18. If the age of majority at the domicile or permanent residence of the User occurs at a later point in time, this age applies accordingly. LOVOO reserves the right to carry out an automated check of the age of the User. If the automated check does not enable adequate verification, or if there are doubts as to a user’s age, LOVOO shall be entitled to require the user to present an identification document featuring a photo of the user for the purpose of biometric matching with LOVOO. Further details can be found in LOVOO’s Privacy Policy Live.

1.3. The Live Terms only govern the use of Live. Together with the Community Guidelines and any other terms agreed between the User and LOVOO, such as the General Terms and Conditions of LOVOO, they constitute the Terms of Use (collectively “Terms of Use”).

1.4. Both consumers and entrepreneurs can 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”). Commercial use is subject to the provisions of section 17.

2. Main Obligations of Parties

2.1. LOVOO agrees to make Live available to the User free of charge in accordance with the Live Terms.

2.2. The User agrees to provide LOVOO with personal data when using Live, which LOVOO may use as described in the Privacy Policy Live for the purposes set forth therein.

2.3. The obligation under No. 2.2. does not prevent the User from exercising their rights under data protection law and, in particular from revoking consent given and/or objecting to the processing of their data in accordance with Art. 21 Regulation (EU) 2016/679).

2.4. 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 with the User with immediate effect and without a notice period.

3. Credits

3.1. The user can purchase or otherwise obtain credits from LOVOO, which they can use within Live, among other things.

3.2. Viewers can use Credits to show their support for Streamers or for a Livestream they enjoyed by triggering live animations which are provided by LOVOO (“Virtual Gift”). The Streamer in question receives a success-based compensation from LOVOO that is based on the Virtual Gifts triggered by Viewers during the livestream. A contractual relationship between the User who triggers the Virtual Gift and the Streamer does not arise from the purchase of the Virtual Gift unsing credits.

4. Diamonds

4.1. Streamers receive performance-based compensation (“Diamond Reward”) for all Credits that Viewers use for Virtual Gifts during their Livestream (“Diamond Reward”). For each Virtual Gift triggered during their Livestream, Streamers receive the equivalent value of the Virtual Gifts in the form of purely virtual diamonds (“Diamonds”), as defined in Annex 1 below, in their account.

4.2. The Diamond Reward conversion rate is based on the version of Annex 1 valid at the time that live streaming takes place. LOVOO is entitled to adjust the respective conversion rates pursuant to Annex 1 with a notice period of two weeks. Users shall be informed of this in advance. LOVOO may make such an announcement by email or also by posting a message in the app. LOVOO shall take into account users’ legitimate interests when adjusting the conversion rate and ensure that diamonds do not lose an unreasonable amount of their value.

4.3. Streamers are only entitled to the Diamond Reward if and to the extent that Virtual Gifts were activated with Credits that, (i) in the case of paid credits, were duly purchased and paid for in full by the viewer; and/or (ii) in the case of free credits, were properly allocated to the viewer. The Credits used for this purpose must not be based on prohibited conduct (as defined in section 5) and/or have been used to enable or facilitate such prohibited conduct. Furthermore, Streamers shall not be entitled to the Diamond Reward if they have materially violated the Terms of Use during their Livestream (e.g. by displaying pornographic content during the Livestream).

4.4. The Streamer’s entitlement to the Diamond Reward is also subject to the condition subsequent that the Viewer has no entitlement against LOVOO for repayment in respect of Credits that have already been used for Virtual Gifts. This is the case, in particular, if a Credit purchase agreement is disputed, revoked or otherwise abolished, or if the User withdraws the payment made for the Credits. The chargeback shall be made in accordance with section 6 of the Live Terms.

5. Prohibited Conduct

5.1. The User is not allowed to misuse Credits, Virtual Gifts and/or Diamonds.

5.2. Increasing the Diamond Reward by means of Credit farming, self-gifting or group-gifting, as defined below in each case, is regarded as misuse.

5.2.1. Credit farming occurs where a sole User or a group of Users create or use User accounts to collect free Credits in a systematic manner. Credit farming also occurs where free Credits are obtained by means of manipulation, deception or exploitation of programming errors.

5.2.2. Self-gifting occurs when the Streamer gives themselves Virtual Gifts, directly or indirectly, with their own User account or a different second User account (whether be it their own profile or the profile of a third party controlled by the Streamer).

5.2.3. Group-gifting occurs when several Users cooperate and give each other Virtual Gifts with the main purpose of increasing their Diamond Reward.

5.3. The term ‘misuse’ also covers conduct that – when reasonably considered – is similar in nature and extent to the aforementioned conduct.

5.4. Credit farming, self-gifting, group gifting, circumvention schemes and violations of law and the Terms of Use each constitute prohibited conduct.

6. Chargeback and expiry of Diamonds

6.1. LOVOO is entitled to charge back Diamonds rewarded to a Streamer if and to the extent that the Streamer did not have a valid Diamond Reward claim according to section 4.3 and/or section 4.4 of the Live Terms.

6.2. If more Diamonds are charged back than the User has in their User account at the time of the chargeback – for example, because they have already redeemed Diamonds for a Cash or Credit Reward (as defined in sections 7 and 8) – the User account shall display a negative balance (‘negative diamond balance’). In this case, the user is obligated to settle the negative diamond balance within six weeks of it occurring. To offset the negative diamond balance, the user may also reverse any cash payment, cash reward and/or credit reward affected by the chargeback by returning all or part of the euro or credit amount received to LOVOO. The same conversion ratio applies as when requesting the Cash Reward and/or Credit Reward as defined in sections 7 and 8.

6.3. Diamonds expire 3 years after the end of the year in which they were rewarded to the User.

6.4. LOVOO may settle and serve claims asserted by third parties (such as authorities contacting LOVOO) against the User by debiting Diamonds by way of a Cash Reward (as defined in section 7), provided that a binding decision has been made concerning the claims or an enforceable administrative ruling has been issued. LOVOO may proceed accordingly for its own claims against the user, but without being subject to the restrictions set out in the first sentence. The Diamonds to EUR conversion rate from Annex 1, as amended, shall apply for the purpose of determining the value of the Diamonds.

7. Cash Reward

7.1. The User may have the Diamonds in their User account paid out in EUR based on the conversion rate and conversion levels set out in Annex 1 (“Cash Reward”), provided that they have the minimum amount of Diamonds (“Payment Threshold”) set out in Annex 1. The cash reward must correspond to the amount of one of the conversion levels indicated in Annex 1; multiple conversion levels may not be used when requesting a cash reward. The highest conversion level also defines the maximum amount that the User can have paid out per day as a Cash Reward. After requesting the cash reward, the user may only request another cash reward once 24 hours have elapsed at the earliest.

7.2. LOVOO shall be entitled to adjust the conversion rate, the conversion levels and/or the exchange threshold (collectively referred to as the “Cash Parameters”) with a notice period of two weeks. The relevant Cash Parameters at the time when the user requests the Credit Reward are decisive for the Credit Reward. LOVOO shall take into account users’ legitimate interests when adjusting the credit parameters and ensure that diamonds do not lose an unreasonable amount of their value.

7.3. The cash reward shall be paid out exclusively by using PayPal to make a transfer to the user’s indicated PayPal account that is managed in euros and must be in the user’s name. The cash reward may not be paid in cash or by way of a bank transfer. For security reasons, a PayPal transfer can only be made once the User has provided LOVOO with adequate identification. LOVOO is entitled to unilaterally determine – at its own discretion and in accordance with the relevant legislation – the documents that the user is to provide and the processes to be followed to ensure adequate identification.

7.4. To avoid unlawful crediting of the credit reward to the user’s account, the requested credit may be subject to prior verification by LOVOO, which may result in a delay of at least 48 hours. In addition, LOVOO may refuse to pay the Cash Reward if there is reasonable suspicion that the Diamonds underlying the Cash Reward are those that may be charged back in accordance with sections 6.1 and 6,2 in conjunction with section 4.3 or section 4.4.

7.5. Entitlement to the Cash Reward may not be assigned, pledged or given in mortgage. If the entitlement to payment of the cash reward is seized by a third party, LOVOO may charge the user EUR 5.00 in flat-rate costs per month for each month that such seizure is ongoing.

8. Credit Reward

8.1. The Users may have Diamonds exchanged for Credits in their User account based on the conversion rate and conversion levels set out in Annex 1, provided that they have the minimum amount of Diamonds (“Exchange Threshold”) set out in Annex 1.

8.2. LOVOO shall be entitled to adjust the conversion rate, the conversion levels and/or the exchange threshold (collectively referred to as the ”Credit Parameters”) with a notice period of two weeks. The relevant credit parameters at the time when the user requests the credit reward are decisive for the credit reward. LOVOO shall take into account users’ legitimate interests when adjusting the credit parameters and ensure that diamonds do not lose an unreasonable amount of their value.

8.3. To avoid unlawful crediting of the credit reward to the user’s account, the requested credit may be subject to prior verification by LOVOO, which may result in a delay of at least 48 hours. LOVOO may also refuse to credit the Credit Reward if it has reasonable suspicion that the Diamonds the Credit Reward is based on are Diamonds that can be charged back under sections 6.1 and 6.2 in conjunction with section 4.3 or section 4.4.

9. Transferability; use of Diamonds

9.1. Diamonds and credits may not be transferred to another user account.

9.2. Diamonds may only be used in accordance with section 7 (“Cash Reward”) and section 8 (“Credit Reward”). They may not be used in any other way.

10. Taxes and social security contributions; Streamers’ obligations

10.1. Streamers provide an artistic performance to LOVOO, for which they receive a Diamond Reward (as defined in section 4.1). Streamers are solely responsible for the correct taxation on revenue and fulfilment of their social security obligations in connection with their income and revenue. Streamers who receive a Diamond Reward must ensure that LOVOO is correctly informed about their sales tax status at all times. Furthermore, they must 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.

10.2. Streamers are required to properly declare in full their earnings made via Live to the competent official bodies (in particular financial authorities and social security providers) in a timely manner.

10.3. The Streamer is required to comprehensively and swiftly assist LOVOO in fulfilling the aforementioned reporting obligations for third parties, particularly to provide any requested evidence without delay and in full, and to answer any queries from LOVOO immediately, in full and truthfully.

10.4. 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.

10.5. LOVOO may not offer legal and tax advice.

11. Obligation of the User

11.1. Each user may only use Live through one user account.

11.2. Live is a platform where people of all genders, skin colors, religions and sexual orientations treat one another with respect at all times. The user agrees to treat LOVOO with respect on Live and to comply with the Community Guidelines at all times.

12. Streamer obligations

12.1. The Streamer must comply with the Community Guidelines.

12.2. If the User uses Live as a Streamer, the Streamer is required to take all reasonable measures during the Livestream to ensure that the Viewers and guest Streamers during the Streamer´s Livestreams comply with the Live Terms and especially with sections 5.,11 and the Community Guidelines.

12.3. The Streamer shall not provide misleading information about his/her location.

13. Availability and updates

13.1. LOVOO shall make all reasonable efforts to ensure that Live is available to the maximum extent possible each year. The aim is to achieve an availability level of 98%. The user may not derive any rights from this. There may be temporary downtimes due to maintenance work and software updates, as well as times when Live is unusable due to technical or other problems beyond LOVOO’s control (force majeure, third-party fault, etc.).

13.2. 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, excluding public holidays where LOVOO is headquartered). If an outage or significant disruption cannot be corrected within 48 hours, LOVOO will notify Users by e-mail, stating the estimated duration of the outage or disruption.

13.3. To be able to use Live to the full extent, the User must use the latest technologies or facilitate the use thereof on their device and use an up-to-date version of Android or iOS. 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.

13.4. 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 install 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 perform the installation properly for technical reasons, they are obliged to inform LOVOO of this immediately.

14. Data Privacy

When processing users’ personal data, LOVOO complies with the applicable data protection regulations and LOVOO’s Privacy Policy Live.

15. Copyright

15.1. The User shall grant LOVOO a non-exclusive, sublicensable right that is unlimited in terms of geographic location to use all content that the User publishes while live streaming or otherwise makes generally available on Live (‘User content’). The right is limited in terms of time to a period of two years following termination of the contract.

15.2. In particular, LOVOO shall be entitled to store, reproduce, modify, make available to third parties and use user content in a modified or an unmodified form by displaying it on its own or third-party websites / portals, apps and/or other telemedia, in particular to strengthen its own brand, to advertise Live and to advertise other, its own or third-party products and services. This particularly includes the right of reproduction, the right of distribution, the right of exhibition, the right of making available to the public and the right of communication by means of image and sound storage media.

15.3. However, with respect to consumers, LOVOO shall use user content for the exclusive purpose of promoting Live.

16. Warranties and Indemnification by the User

16.1. The User warrants

16.1.1. 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 section 15 of the Live Terms,

16.2.1. 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.

16.2. 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.

16.3. 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.

17. Commercial use of Live

17.1. If a User intends to use Live wholly or predominantly for commercial purposes (“Commercial Use”) and in particular to receive Cash Rewards as a constant source of income, the User must notify LOVOO of this in writing or text form (e.g. email). 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.

17.2. The same applies to users who initially used Live predominantly for private purposes, who subsequently want to continue using it predominantly for commercial purposes.

17.3. 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.

17.4 LOVOO sends invoices and credit notes pursuant to Section 14 UstG (Value Added Tax Act) via e-mail in PDF format. LOVOO does not offer the provision of invoices and credit notes pursuant to Section 14 UstG by any other means or formats.

18. Limitation of Liability

18.1. 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.

18.2. The exclusions of liability as stipulated in section 18.1 shall not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.

18.3. For Consumers the exclusion of liability under the above provisions applies only to claims for damages. Other statuary rights of Consumers remain unaffected.

19. Duration and Termination

19.1. The contract concluded between LOVOO and the User on the basis of these Terms runs for an indefinite time period.

19.2. The user may terminate the contract at any time with immediate effect by way of making a statement to this effect to LOVOO at least in text form (e.g. by email).

19.3. LOVOO may terminate the contract with a notice period of two weeks by giving notice to the User at least in text form.

19.4. Diamonds expire without being replaced on termination of the contractual relationship.

20. Infringements of the Live Terms and Consequences

20.1. 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

· using Virtual Gifts and/or Diamonds for purposes unrelated to Live (under section 5.1, etc or prohibited conduct

· as defined in section 5.2 Taking part in credit farming, self-gifting or group gifting and/or using multiple user accounts in violation of (11.1.).

· performing actions or disseminates content that violates section 11.2 or the Community Guidelines,

spreading misleading information about his location as Streamer and/or tolerates actions of his Viewers that violate sections 5. and/or 11 and/or 12 or the Community Guidelines, and/or

· using Live commercially without the prior consent of LOVOO, contrary to section 17.

20.2. LOVOO can take in particular the following measures to react to infringements of these Terms:

· issue the User with a warning,

· permanently block certain functions of the Live platform for the User (in particular the use of Diamonds),

· permanently block Live functions for the User (in particular the use of Diamonds).

· terminate the contractual relationship with the User extraordinarily and without a notice period, and/or

· ban the User from re-registering.

20.3. In each case LOVOO will take the measures that, considering all relevant circumstances, constitute an appropriate and objectively reasonable response to the User’s conduct. In this regard, LOVOO will in particular, take into account:

· the previous conduct of the User (such as previous warnings) and the arguments of the User,

· how other Users were affected by the infringement,

· if and how severely applicable law was violated in LOVOO’s view.

20.4. 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. Legal remedies of the User, in particular in accordance with the law and/or the Community Guidelines, remain unaffected.

21. Changes of Live and the Live Terms

21.1. 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.

21.2. Updates necessary to maintain contractual compliance shall not be considered as a change to Live.

22. Transfer of the contract

22.1. 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.

22.2. LOVOO will inform the User about such a planned change of the contractual partner stating the acquiring company and the reasons for the change at least 4 weeks in advance. The User may terminate the contractual relationship with LOVOO at any time, without notice and free of charge pursuant to section 19.2. 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.

23. Final Provisions

23.1. 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. If the user is not a consumer, all disputes arising from or in connection with the diamond program or concerning its validity shall be finally settled in accordance with the Rules of Arbitration set out by the German Arbitration Institute (DIS) to the exclusion of the ordinary course of law. The arbitration tribunal shall consist of a sole arbitrator at LOVOO’s applicable registered office. The language of the proceedings shall be German.

23.2. 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.

23.3. 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. LOVOO is neither required nor prepared to participate in dispute settlement proceedings before a consumer arbitration board. Furthermore, due to legal requirements, LOVOO also refers at this point to LOVOO’s e-mail address, which is as follows: support@lovoo.com.

INFORMATION ON THE RIGHT OF WITHDRAWAL

Annex 1

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, PE Digital GmbH, Speersort 10, 20095 Hamburg, Germany, e-mail support@lovoo.com 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. 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 goods 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 PE Digital GmbH, Speersort 10, 20095 Hamburg, Germany, email: support@lovoo.com

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) purchase of the following goods / the contract for the use of Live (*)

— ordered on(*)/received on (*)

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only if the form is noted on paper)

— Date

(*) complete as appropriate.