General Terms and Conditions of LOVOO
Last modified: 08 September 2023
The following General Terms and Conditions govern the contractual relationship between PE Digital GmbH, Speersort 10, 20095 Hamburg, Federal Republic of Germany, registered in the Commercial Register of the Local Court of Hamburg under HRB 77766 (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 https://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.
Additionally the Community Guidelines apply.
**WE DO NOT CARRY OUT ANY CRIMINAL BACKGROUND CHECKS**
- Scope of application
- The contract between LOVOO and the User is concluded by the User’s registration for a LOVOO user account.
- Users 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.
- Use of the service is free and sponsored by advertising. The user can activate fee-based features by purchasing them or signing up for a subscription.
- 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.
- Use is only permitted for 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.
- 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.
- LOVOO Community
- Live Video feature
LOVOO also offers the LOVOO Live Video feature in selected countries. This Live Video feature is subject to separate Terms and Conditions for Live.
- Nearby function
- (1) “Nearby” shows to a user profiles that match search criteria (age, gender, etc) and that are located in the same area with a user (based on distance preference and the user current location). The map shows a selection of recommended dating spots. These dating spots can be places, transportation services, accommodations, restaurants, tours, activities or experiences.
- (2) Owners and/or operators of the proposed dating spots are third parties (hereinafter: third-party), not LOVOO. LOVOO displaying information about dating spots does not in any way imply, suggest or constitute any association of LOVOO with such third-parties, or any affiliation between LOVOO and third-party suppliers.
- (3) The displayed information is based on publicly available sources like the official websites of the properties or Google Maps. This information may be outdated, inaccurate or incomplete. LOVOO is not responsible for the accuracy or completeness of this type of information.
- (5) When you access information about third-party properties, you may encounter links to third party sites and/or apps or interact with third party content that LOVOO does not operate or control. In addition, such third-parties may charge a fee for use of certain content or services. Where LOVOO provides details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. LOVOO is in no way responsible or liable for any such third party sites or apps.
- (6) If you decide to share or rate your experience with listed third-party properties via the nearby function, you understand that LOVOO may use this content free-of-charge for commercial purposes of its own or of third parties. In particular, you agree and understand that LOVOO may place advertising and promotions alongside, near, adjacent or otherwise in close proximity to your content provided by you and other users.
- Security, scope and availability
- (1). LOVOO is not obliged to transport messages if there is a suspicion that they violate these Terms or the Community Guidelines or are abusive in a similar manner. In particular, there is no obligation to transport messages that are unsolicited advertising messages or similarly suspicious. So-called spam messages shall be deemed to be unsolicited advertising messages. To that end, LOVOO offers the user a free spam filter for incoming private messages. LOVOO shall endeavor to filter spam messages, however, the user is not entitled to a certain success rate. To this end, chat messages on the platform are checked for suspected spam activity.
- (2). LOVOO may modify the functionality and scope of the LOVOO platform at any time as laid out in Nr. 13.
- (3). LOVOO will make every reasonable effort to ensure that the platform 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.).
- (4). If LOVOO learns of any failures or malfunctions of the platform, 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.
- (6). If LOVOO offers updates to LOVOO, 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 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.
- LOVOO Community
- The user can acquire different additional fee-based features (“fee-based features”) in the apps and via the website, e.g. subscriptions, virtual goods (e.g. in-app credits or icebreakers).
- Credits can only be used within the Live Video feature operated by LOVOO but not within the LOVOO Platform itself.
- Fee-based features may have a fixed term.
- In general, fee-based features are linked to the user account.
- 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.
- 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.
- 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.
- Subscriptions are contracts independent of the user account, provided that the terms of the subscription do not stipulate a connection to a user account.
- 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.
- Both parties can cancel a subscription with a notice period of 24 hours before the expiry of the subscription.
- 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.
- Cancellation should be carried out in iTunes, the Apple App Store or the Google Play Store for a subscription which has been purchased or signed up for via one of these platforms, since LOVOO is technically restricted in carrying out reversal charges/cancellation of these purchases.
- Subscriptions concluded via other payment providers can be cancelled directly via the respective provider and in text form (e.g. by fax or e-mail) or in writing (e.g. by letter) to LOVOO. In case of cancellation, the user must provide the order or transaction number for which the subscription is active, otherwise an assignment to the user account is not possible. You will receive the order or transaction number after the purchase in a confirmation e-mail from your chosen payment provider. You can also find it in the account of your payment provider.
- Should LOVOO terminate a subscription on important grounds for which the user is responsible, the user must compensate for any losses.
- Virtual goods are permanent or consumable virtual goods which the user can purchase via the website or in the apps.
- 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.
- 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 activate, such as effects or gifts.
- Should the user delete or cancel his/her user account, the user shall irrevocably lose virtual goods.
Cancellation of the user account by the user
- The user can cancel his/her user account at any time without observing any notice period.
- 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 (e.g. by fax or email) or in writing (e.g. by letter). When cancelling, the user must identify himself, e.g. by providing the e-mail address or telephone number that he has stored in his user account. Otherwise an assignment to the user account is not possible.
- Should the user account be canceled or deleted by the user, all fee-based features included within it or activated there shall expire.
Cancellation of the user account by LOVOO
- LOVOO can terminate the user account ordinarily with a notice period of 2 weeks.
- LOVOO can terminate a user account by giving notice in text or written form.
- 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.
Obligations of the user
- Truthful and correct information, review by LOVOO
- (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 and/or phone number 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 and/or phone number. 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 phone number) 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.
- Conduct of the user and User Content, granting rights of use
- (1). The user undertakes to conduct himself/herself on the LOVOO platform in line with our Cmunity Guidelines[hyperlink]. Any behavior that is **racist, offensive, discriminatory, harassing, defamatory, sexual, pornographic, glorifies violence or is otherwise unlawful** is prohibited. Any usage outside of the live video function must be for private purposes only.
- (2). The User grants LOVOO a non-exclusive, territorially unlimited, sublicensable right of use to all content that the User publishes within the Broadcasts or makes otherwise generally accessible on Live (“User Content”). The right is limited in time to a period of two years after the termination of the contract. In particular, LOVOO shall be entitled to store, copy and modify the User Content, make it accessible to third parties and to use it in modified or unmodified form by displaying it on its own or third-party, websites/portals apps and/or other tele media specially to strengthen its own brand, to advertise LOVOO. This includes, in particular, 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.
- (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**. 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 PE Digital 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 PE Digital 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.
- Free use in exchange for provision of data
- (1) LOVOO agrees to make Live available to the User free of charge in accordance with these Terms.
- (3). 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).
- (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 of the User without a notice period.
- User messages
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 Community Guidelines. 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.
- Liability for the user profile and due diligence obligations
- (1). The user shall define access data, his/her email address and/or mobile phone number 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.
- Prohibition of malware, spam and credit farming
- (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.
- Truthful and correct information, review by LOVOO
- LOVOO can irreversibly remove User Content that infringes the Community Guidelines. 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.
- Should the user infringe these contractual terms or the Community Guidelines 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.
- 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.
- 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.
- Should LOVOO terminate the user account due to reasons for which the user is responsible, the user must compensate for any damage incurred.
- A user who uses the LOVOO platform (1) 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.
- Compensation paid by the user in the event that he/she violates his/her obligations
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.
Liability on the part of LOVOO
- 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.
- 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. Haftungsbeschränkungen unberührt.
- 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.
- 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.
- These liability limitations for the benefit of LOVOO also apply to legal representatives and vicarious agents of LOVOO.
- Irrespective of the legal grounds, LOVOO is only liable where damages
Changes to these Terms and/or the services
- LOVOO may change these Terms and/or the platform services, 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 the platform; to reflect advancements in technology and to ensure the ongoing operability of the platform.
- Updates necessary to maintain contractual compliance shall not be considered as a change to the platform.
- Settlement of disputes
The European Commission provides a platform for the online resolution (OS platform) of disputes. It can be accessed here: https://www.ec.europa.eu/consumers/odr. LOVOO is neither required nor prepared to participate in dispute settlement proceedings before a consumer arbitration board.
Applicable law, place of jurisdiction, special regulations for users outside of Germany
- The contractual agreements between the contracting parties are governed by the law of the Federal Republic of Germany.
- The contractual agreements between the contracting parties are governed by the law of the Federal Republic of Germany.
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 following number 19. b. 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.
- 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.
- 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.
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 email@example.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 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 PE Digital GmbH, Speersort 10, 20095 Hamburg, Germany, email: firstname.lastname@example.org
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) purchase of the Virtual Gifts / 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)
(*) complete as appropriate.