SUPPLEMENTARY TERMS OF PARTICIPATION FOR LOVOO’S VIP PROGRAM
The following terms for LOVOO’s VIP program regulate participation in LOVOO’s VIP program between PE Digital GmbH (hereinafter “LOVOO”) and users (hereinafter “User”) and outline the terms of participation in the VIP program.
By participating in the VIP program or purchasing a VIP pack, the User agrees to the following Terms of Participation. If the user does not agree to the Terms of Participation, he/she must refrain from participating in the VIP program.
Scope of application
The Terms of Participation outlined here apply to the VIP program. The General Terms and Conditions of PE Digital GmbH, the Content and Conduct Guidelines of PE Digital GmbH and any additional terms agreed between the User and LOVOO also apply. Deviating regulations and, in particular, terms of the User that conflict with the terms require LOVOO’s express written consent.
Services of the VIP program
The VIP program includes different levels. Services vary depending on the level and can be viewed at premium.lovoo.com. Users who use the VIP program without interruption receive additional services for each additional month. When there is a transition to another level of the VIP program, the months qualifying individuals for additional benefits will be counted from the beginning. LOVOO has the right to replace specified services with similar services at any time. This does not apply to virtual goods (e.g. credits) acquired by purchasing a VIP package.
If LOVOO carries out special campaigns in the VIP program, LOVOO reserves the right to stop or alter any program, in whole or part, at any time. LOVOO can make participation in campaigns contingent on agreement to further terms, regulations or guidelines. If there is a conflict between these Terms of Participation and the terms, regulations or guidelines for a campaign, the latter terms, regulations or guidelines will take precedence.
Services of the VIP program cannot be exchanged for another product or credits and cannot be transferred to third parties. Invitations to events or campaigns in the VIP program only apply to the respective User.
If the User deletes or cancels his/her user account, the User will irrevocably lose virtual goods and all other services under the VIP program. There will be no reimbursement of free virtual gifts, other services or their cash payout.
Users entitled to participate
The VIP program includes different levels. There are two ways in which verified users can become eligible to participate in the VIP program: (1) by acquiring a VIP pack in one of the offered levels; (2) by reaching the minimum monthly turnover required for the relevant level.
The User may only participate in the VIP program with a user account. Awarded VIP badges as well as purchased and activated VIP packs cannot be transferred to other user accounts.
Only natural persons of legal age are permitted to participate.
Program participation by reaching the minimum monthly turnover
a. If a user reaches a certain total revenue amount on LOVOO in a calendar month, he will automatically qualify for the corresponding level of the VIP program. The total turnover is the sum of all purchases made by the user in the app, the LOVOO online shop and the LOVOO Premium Shop. The corresponding VIP badge will be activated for the user in the first calendar week of the following month and will be valid for one month. The user will be informed about reaching the VIP program level by email. The user can also refuse to participate in the program, but in this case he will not be entitled to the benefits of the VIP program.
The User must reach the respective required minimum turnover in order to keep a VIP status or be moved to a higher VIP level.
c. If a User does not reach the total turnover required to reach the respective level in a month, he/she will automatically be downgraded to the VIP program level where he/she meets the minimum turnover. If a User does not meet the minimum turnover for the first level, his/her participation in the VIP program will automatically expire.
Program participation by purchasing a VIP pack
A User can also participate in the VIP program by purchasing a relevant VIP pack at premium.lovoo.com.
The contract between LOVOO and the User regarding participation in the VIP program is concluded when the User purchases a VIP pack at premium.lovoo.com and is based on the shop’s regulations. Information on any existing right of withdrawal is also provided there.
LOVOO will provide the User with a credit code within 48 hours of the order being placed. The User can redeem this credit code in a verified profile and assign the VIP pack.
Fee-based features may have a fixed term.
Users who habitually reside outside of the European Union may only purchase fee-based features in the country where they habitually reside. Users who habitually reside in the European Union may only purchase fee-based features within the European Union.
Term and termination of program participation
It is possible to participate in the VIP program for two (2) months when a VIP pack is purchased. The term begins when the code is entered and the VIP pack is assigned to a user account.
Once the minimum monthly turnover is reached, the user can initially participate for one (1) month and subsequently as long as the user reaches the required minimum turnover in the respective previous month.
LOVOO may terminate participation in the VIP program in a non-standard fashion for good cause without providing notice. Good cause specifically includes termination of the user account, serious violation of the Terms of Participation and/or Use, and use of the user account for unlawful acts.
Consent to being sent promotional emails by LOVOO
The precondition for using all benefits of the VIP program is that the User has consented to receiving promotional emails from LOVOO, as the sending of program information and benefits such as event invitations constitutes advertising. Users who have not consented to receiving relevant emails or have opted out in their user profile may not be informed of all program benefits and therefore may not take advantage of program benefits. Users can adjust their settings at any time in their profile settings.
Amendments to the Terms of Participation
LOVOO reserves the right to amend these Terms of Participation at any time and, where appropriate, suspend the VIP program in full.
LOVOO shall information the user of the amendment with two (2) months’ notice before it comes into effect. The information shall be sent to the email address provided in the user account.
The User agrees to the application of the amended Terms of Participation to contracts concluded prior to the amendment where LOVOO notifies the User that the Terms of Participation have been amended and the User does not object to the amendment within a period of two weeks, starting on the day following the notification of the amendment.
Notice of the change must again refer to the possibility and deadline of objection, as well as the significance or consequences of failure to object. The notice may be sent by email to the email address provided by the User. If the User objects to the application of the new terms and conditions, LOVOO will have the right to terminate the User’s participation in the VIP program at the end of the current month. LOVOO will inform the User of this legal consequence when notifying the User of the change.
The 2-month notice period will not apply if LOVOO, at its sole discretion, determines that the change will not limit the User’s rights or impose greater obligations on the User. In this case, the change will take effect immediately and without prior notice.
Unless otherwise specified in these Terms of Participation, amendments to the contract, supplements and ancillary agreements must be made in writing by both parties in order to be effective. The text form requirement also applies to the waiver of this text form requirement.
Should individual provisions of these Terms of Participation be invalid or unenforceable or become invalid or unenforceable following contract conclusion, this shall not affect the validity of the remaining contractual provisions. 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.