General terms and conditions of use for the online offer of Joyride GmbH
No caso de quaisquer desvios resultantes de tradução, prevalece a formulação estabelecida na versão alemã.
General Terms and Conditions of Use for the Online Offer of Joyride GmbH Joyride GmbH (hereinafter referred to as Joyride) operates software for mobile devices (so-called apps), which provides an interactive online communication platform, in particular, the exchange of text-based messages and the presentation of user profiles. Here, Joyride allows the use of different apps, whose communication orientation corresponds to the specific interests of the users.
Joyride offers such apps and advertisement as well as informational Internet pages in the following areas with the following characteristics, which can also be protected by trademark law:
LOVELY – lovelyapp.com
YOULOVE – youlove.it
FINALLY – getfinally.com
Jaumo – jaumo.com
DISCO – disco.dating
SPICY – spicy.love
The online offer of Joyride is exclusively for individuals (consumers as defined by § 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB), who have reached the age of eighteen (18), (member or user). Registration and/or use for commercial or professional purposes, particularly the dispatch of advertisement in any form (e.g., via news, etc.) to other users of Joyride is not permitted
1.1 In the course of registration as a user (creation of a user account by the user) at Joyride, the user agrees to the validity of these general conditions of use (hereinafter referred to as “GTC”). The user has the possibility at any time to take note of the provisions of the GTC in detail, to print out and/or to save.
Unless explicitly stated otherwise in these Terms and Conditions and/or on the individual Internet pages of Joyride, these General Terms and Conditions shall apply to the use of all offers, contents, functions and other services (summary: applications) of Joyride.
2.1 The prerequisite for the use of the services is the creation of a user profile by the user, in which the user can store electronic image files, which reproduce his profile as well as textual descriptions of the profile. A requirement for registration as a user at Joyride is reaching the age of eighteenth (18th). Joyride is entitled, but not obliged, to check the age of the user on the basis of suitable official papers. Registration as a user requires that the user enters all mandatory data correctly into the electronic registration form that Joyride provides for these purposes.
2.2 If the user is of age, he/she is insured with the registration that he/she has completed the eighteenth (18) year and is fully capable of working.
3. Establishment of user the agreement
3.1 In order to conclude the usage agreement, it is necessary to install the software offered by Joyride, via which the communication network is implemented, on the user’s (i.d.r. mobile) terminal. In order to conclude the usage agreement, it is necessary for the user to register his person in the communication network via the software provided by the software.
3.2 Users are not entitled to conclude a usage contract. Joyride can refuse a beneficiary without stating reasons. In such a case, Joyride will promptly delete the data provided by the respective user in the registration form.
4. Free basic occupancy, paid services
4.1 The free service agreement allows registered users to use the basic functions of Joyride (basic user), particularly the representation of the data (image files / text files) intended for retrieval against other users, and the possibility, for example, of contacting other users via electronic messages within the (App) provided by Joyride for this purpose and to get to know them with mutual interest. Joyride owes no success in this respect, but only the provision of the technical services to enable Joyride to make contact. Any form of marriage or matchmaking is expressly not covered by the contract.
4.2 In addition to the free use of the basic functions, registered users have the possibility to claim additional services and features (summary: services) from Joyride for remuneration. The nature, content, scope, and prices of the available additional services can be found on the Joyride website or within the app’s description. The fees to be paid may entitle to a single or multiple uses of a service, to use as a credit for one or more services, for time-dependent use (e.g., days, weeks, etc.) of services, or other forms of use. In addition to these terms and conditions, supplementary terms and conditions of the respective provider which provide the availability of the software for a specific operating system (e.g. Google Playstore), which also regulates the applicable payment modalities, apply to the fee-based additional services. The user must agree to the supplementary conditions before claiming the services in question, which results in a paid usage relationship. Insofar as the applicable supplementary terms do not contain any deviating regulations, all fees shall be due upon conclusion of the contract.
4.3 The content and scope of the basic functions offered by Joyride and the additional paid services may be modified, restricted, extended or discontinued at any time due to continuous further development. If users have already paid fees for services that are subsequently restricted or discontinued or whose use is possible in the future free of charge, the user may require credit to other paid services or the repayment, if any, proportionate. Any further claims of the user are excluded.
5. Cancellation/termination of the contractual relationship
5.1 The free basic user runs indefinitely and can be terminated by the user at any time, most simply by deleting the user account in the settings, alternatively by e-mail (email@example.com) or in writing (Joyride GmbH, Bartenbacher Straße 4, 73033 Göppingen, Germany).
5.2 The ordinary termination of chargeable usage conditions is excluded if it is not a subscription. If the user subscribes to a subscription, this will automatically be extended depending on the period chosen, provided that the user does not terminate it within 24 hours’ notice of expiration. The termination of paid usage relationships has no influence on the existence of free basic usage and the use of basic functions. In order to terminate the basic user, the user can delete or cancel his profile at any time in accordance with clause 5.1. With the termination of the basic use of payable usage conditions.
The right to extraordinary termination without notice for good cause shall remain unaffected and shall be governed by statutory provisions.
6. Checking, blocking, deleting and securing user data
6.1 Joyride is entitled, but not obligated, to check the data and content set by users for the compliance with the terms and conditions and laws and to block or delete the contents concerned in whole or in part with the occurrence or imminent violations or legal violations.
6.2 The User shall take care of any data backup desired by the user. A data backup is not provided by Joyride. Joyride assumes no liability whatsoever for the non-recovery of user data within the software provided by Joyride (including databases) in the event of a loss or damage to the data. Joyride's liability is excluded in particular if any damage to the user is due to the fact that it has not carried out its own data backups and thus ensured that lost data can be recovered at a reasonable cost
7. Access data
7.1 The user shall treat his access data, particularly his password, confidentially and shall not pass them on to third parties or share them with third parties. Access data must be kept secure before access by third parties. Passwords should be changed regularly, at least every three months.
7.2 Should the user make access to his access data, particularly passwords, third parties, or otherwise use or disseminate them, Joyride has the right to temporarily or permanently block the profile of the user concerned and to terminate the user agreement without notice.
7.3 If the user has reason to believe that a third party uses his access data and/or profile, immediately inform Joyride in text form (letter, fax, e-mail) and Joyride shall provide all available evidence.
7.4 The user is solely responsible for the use of his access data, particularly passwords, by third parties or for acts or explanations, which are made via his profile. The user shall indemnify Joyride from all claims in respect of third parties, including the costs of the defense (legal and judicial costs), at the statutory rate on the first request. This does not apply if this is not the responsibility of the user. Joyride's liability for loss or misuse of the access data is excluded.
8. Data utilization and Data protection
8.1 Joyride collects, processes and uses personal data within the scope of the granted consent and legal provisions (especially German TMG, BDSG Act). Without explicit consent, Joyride collects and uses personal data only to the extent that this is necessary for the execution, use and, if necessary, settlement.
8.2 The data protection declaration provides information on which data are collected, stored and processed for what purpose, which minimum data are to be made, which can make additional voluntary data available to the user, and how the security of the personal data is guaranteed by Joyride. Furthermore, the data protection declaration provides information on technical questions concerning data protection (e.g. cookies, log files, etc.).
8.3 Joyride explicitly points out that the data published by users at Joyride are voluntarily made available to a broad public.
8.4 Despite the fact that Joyride is constantly updated by firewalls and other protective devices, the highest possible security standards (in particular, SSL encryption of all data) is absolutely impossible to protect data on the Internet against unauthorized third-party access (hackers). Joyride is therefore not responsible for the unauthorized knowledge of user data by third parties, which by unintentionally overcoming the protection devices used against unauthorized access to stored data.
9. Liability of Joyride
9.1 Joyride assumes no liability whatsoever for the correctness, completeness, topicality, and legality of the data and contents posted by users. This exclusion of liability applies, particularly, if such content violates intellectual property rights (trademark rights, copyrights, etc.) or personality rights (eg general principles of personality, right to own image, etc.) of third parties. Joyride shall not be liable for any misuse of the content posted by users by other users or third parties.
9.2 Joyride does not check the data and content posted by the users to Joyride by means of a preliminary check. Joyride has no influence whatsoever on the contents of linked third-party Internet sites, a prior check is not carried out. Joyride is neither possible nor able to reasonably anticipate an ongoing control of the contents of third-party users or the contents of linked third-party internet sites.
9.3 As soon as Joyride becomes aware of legal violations in the content posted by users or on linked third-party sites, Joyride will remove such content and/or links within a reasonable period of time and take all necessary technical and personnel measures to avoid identical legal violations in the future. In addition, the user is obligated to provide all information on request against Joyride on request, particularly to express himself comprehensively to the complaint that content infringing the users’ profile has or has been discontinued. The user is expressly obliged to cooperate in the removal of legal violations.
9.4 Insofar as this is not within the sphere of responsibility of Joyride or its vicarious agents, Joyride is not liable for the uninterrupted usability or accessibility of Joyride, for technical transmission delays or failures or for the correct functioning of infrastructures or transmission paths of the Internet. Even as long as interruptions to the availability of Joyride are necessary due to maintenance work, the liability of Joyride is excluded.
9.5 Joyride is not liable for damage caused by force majeure, war, terrorism, and natural events or other events not foreseen by Joyride (eg strike, lockout, power failures, traffic disruptions, public orders, etc.).
9.6 Joyride shall be liable for damage resulting from injury to life, body or health in accordance with statutory provisions. The same applies to damages caused by intent or gross negligence. In the case of a simply negligent breach of a material contractual obligation (cardinal obligation), the liability of Joyride is limited to the replacement of the foreseeable, typically occurring damage. Liability under the Product Liability Act remains unaffected by the above regulations. Moreover, any further liability of Joyride is excluded.
9.7 If the liability of Joyride is excluded or restricted, this also applies to Joyride employees, staff, representatives and vicarious agents.
10. Guarantees of the user
10.1 The user guarantees that the data provided by him during the registration (obligatory) and later information on his person correspond to the truth and that the profile image or other image files, which are transmitted, exclusively represent the user himself. The user guarantees and agrees that no image files transmitted by him to be used in the user profile, which can be used or used for publication within the software (app), will not be reproduced by third parties.
10.2 The user guarantees that the content he has set does not violate any legal regulations (e.g. German StGB, TMG, BDSG, MDStV, press laws, UWG, HWG, PAngV, JuSchG, etc.).
10.3 The user guarantees that all of the content (eg profile, texts, photos, graphics files, links, brands, etc. in any form) which he or she has set out to be used on Joyride are protected by third parties (Eg personality, trademark, copyrights, etc.) neither exist nor be infringed.
10.4 The user is responsible for the technically perfect condition, as well as the virus-free nature of the content he has set and Joyride, is liable for any damages that Joyride incurs due to errors, viruses, worms, Trojans, etc. contained in the content he has set. This does not apply if the user is not responsible for the damage of data.
11. Responsibility and obligations of the userLiability of Joyride
11.1 The user may only use Joyrides services for private purposes according to the terms of the agreement. The user is solely responsible for all content posted by the user to Joyride.
11.2 The user may only add contents (in particular texts, photos, illustrations, symbols, symbols, etc. in any form) to Joyride, insofar as the rights required for publication on Joyride are held.
11.3 The user may only send messages of any kind (messages, etc.) to users of Joyride solely for the purpose of private communication. The user is to refrain from any untruthful, offensive, harassing, defamatory, offensive, sexist, racist, extreme political, extreme religious or extreme ideological expressions, or utterances that mislead the sender of the statement. The User shall be responsible for the responsible use in the communication means made available to him.
11.4 The user is not allowed to transfer personal data of other users (eg names, photos, telephone, and fax numbers, address data, e-mail addresses, etc.) or personal messages of other users of Joyride (eg messages etc.) without express prior explicit consent of the data subject or to make it accessible to third parties.
11.5 The user may not publish, exchange or otherwise make access to any Joyride access data (in particular passwords) including his own access data for Joyride, codes or serial numbers of any kind.
11.6 The user may not place any links on websites with illegal content on Joyride. Likewise, users are prohibited from making any expressions, offensive, harassing, defamatory, offensive, sexist, racist, extreme political, extreme religious or extreme ideological expressions within the software in the user profile or otherwise on websites.
11.7 Setting the following contents to Joyride is not permitted to the user, regardless of the form (eg in his or her own profile, in messages, etc.), without this list being final: Propaganda Means, Unconstitutional Organizations, Incitement, misleading or impersonating content, violence, threat, violation of human dignity, erotic representations of minors, pornography, advertisement or promotion of drugs, drugs or illicit substances of any kind in open or concealed form, as well as criminal contents of any kind Prohibition also extends to content that has satirical or criticizing the above circumstances.
11.8 Advertising by users – in whatever form -, in particular, but not exclusively, the sending of notices with commercial or otherwise company-related content (advertising, personnel recruiting, chain letters, pyramid schemes, competitions, lotteries, betting games, snowballs systems, etc.) Other users of Joyride, as well as the use of personal data of other users (in particular names, photos, telephone, and fax numbers, address data, e-mail addresses, etc.) for commercial purposes of any kind (especially advertising), is prohibited.
12. Electronic attacks
Electronic attacks of any kind on the Joyride servers/databases/network or on individual users are strictly prohibited. Any electronic attack will lead to the immediate exclusion of the responsible user (extraordinary termination without notice) and will be prosecuted – as far as legally possible – in civil and criminal law. As electronic attacks are valid without this list being final:
- Hacking attacks and attempts to overcome, bypass, or otherwise disable Joyride's security barriers
- Intercept or attempt to intercept for other recipients of certain personal messages
- Use of computer programs (eg crawler, spider, bot) for the automated reading, saving, editing, changing or forwarding of data from the Joyride databases or for the automated setting of content on Joyride. In your own profile, in messages, etc.
- Intentional use and/or dissemination of data or content to Joyride which, by its nature or nature (eg errors, viruses, worms, Trojans, etc.), size or duplication (eg spamming, mail bombs, etc .) To jeopardize the existence or operation of the data center or data network of Joyride or the computers and programs of users of Joyride
- Intentional use of links, programs or other procedures that may or should be harmful to Joyride's servers/databases/networks or individual users
- Brute force attacks
13. Legal consequences in case of violation of these terms and conditions
13.2 The user shall indemnify Joyride against all claims, third parties against Joyride, their legal representatives and / or fulfillment aids due to a breach of the user against legal regulations (e.g. German StGB, TMG, BDSG, MDStV, press laws, UWG, HWG (Eg personal and / or intellectual property rights such as trademarks / copyrights, etc.), or against contractual obligations, assurances or guarantees, including the costs of the necessary legal defense (Legal and judicial costs at the statutory rate) on first demand. The user is obliged to assist Joyride in the defense of such third-party claims to the best of his knowledge and to provide the necessary information and/or information for this purpose.
13.3 The assertion of further claims (eg damages, omission, etc.) and the reimbursement of a criminal complaint remain unaffected.
14. Inclusion of third parties
14.1 Joyride shall be entitled to delegate the rights and obligations under this Agreement to third parties, in whole or in part, in particular, to commission third parties to provide parts or the entire range of services of its services provided that this is reasonable for users and does not adversely affect the users , In particular the provision of the services and the fulfillment of the other contractual obligations of Joyride without restriction. The protection of data shall remain unaffected.
14.2 The user is not entitled to transfer the rights and obligations from the use relationship to third parties in whole or in part.
15. Change of terms and conditions
Joyride is entitled to amend these General Terms and Conditions at any time if and to the extent that this change is in the legitimate interest of Joyride. A legitimate interest is in particular if the changes are necessary to fulfill legal requirements, to integrate new functions within the communication platform (software or APP) or because of changes in company orientation or processes.
The changed conditions will be announced to the user two (2) weeks before their entry into force or will be displayed within the software or app at or before the use of the app. If the user of the validity does not object to the amended terms within two (2) weeks after receipt, the changed conditions are considered accepted. Joyride will separately notify the user in the e-mail or within the software or app, which contains the changed conditions, the significance of the two-week period. If the user rejects the validity of the amended terms, the user or Joyride can terminate the existing usage relationship at any time.
16. Severability clause
Should individual provisions of these General Terms and Conditions be or become impracticable, the validity of the General Terms and Conditions and the Usage Agreement remain unaffected. The ineffective or impracticable provision shall be replaced by the effective and enforceable regulation whose effects are closest to the economic objective pursued by the contracting parties with the ineffective or impracticable provision. The above provisions apply in the event that the contract proves to be incomplete.