Supplementary Terms of Participation for LOVOO’s VIP Program
1. Scope of application
The Terms of Participation outlined here apply to the VIP program. The General Terms and Conditions of LOVOO GmbH, the Content and Conduct Guidelines of LOVOO 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.
2. Services of the VIP program
a. 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.
b. 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.
d. 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.
e. 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.
3. Users entitled to participate
a. 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.
c. 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.
d. Only natural persons of legal age are permitted to participate.
4. Program participation by reaching the minimum monthly turnover
a. Erreicht ein Nutzer in einem Kalendermonat einen bestimmten Gesamtumsatz bei LOVOO, qualifiziert er sich automatisch für die entsprechende Stufe des VIP-Programms. Als Gesamtumsatz zählt die Summe aller Käufe, die der Nutzer sowohl in der App als auch im LOVOO Webshop und dem LOVOO Premium Shop getätigt hat. Klarstellend wird festgehalten, dass sich der Gesamtumsatz bzw. der Mindestumsatz an den gekauften Credits orientiert. Hat der Nutzer demnach eine bestimmte Anzahl an Credits gekauft, kann er am LOVOO VIP-Programm teilnehmen. Das entsprechende VIP Badge wird dem Nutzer in der ersten Kalenderwoche des Folgemonats freigeschaltet, und ist für einen Monat gültig. Der Nutzer wird per E-Mail über das Erreichen der Stufe des VIP-Programms informiert. Der Nutzer kann die Programmteilnahme auch ablehnen, hat dann aber keinen Anspruch auf Leistungen des VIP-Programms.
b. 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.
5. Program participation by purchasing a VIP pack
a. A User can also participate in the VIP program by purchasing a relevant VIP pack at premium.lovoo.com.
b. 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.
c. 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.
d. Fee-based features may have a fixed term.
e. 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.
6. Term and termination of program participation
a. 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. When a VIP Pack is purchased on premium.lovoo.com, the term will begin when the code is entered and the VIP Pack is assigned to a user account.
b. 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.
7. 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.
8. Amendments to the Terms of Participation
a. LOVOO reserves the right to amend these Terms of Participation at any time and, where appropriate, suspend the VIP program in full.
b. 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.
c. 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.
d. 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.
e. 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.
9. Final provisions
a. 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 written form requirement also applies to the waiver of this written form requirement.
b. 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 invalid or unenforceable provision shall be replaced by a valid and enforceable provision having effects that come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract is found to be incomplete. The German version shall be decisive in the event of discrepancies between different language versions.