Should there be discrepancies between the interpretation of the German (www.yocutie.com/de/AGB) and English version of the Terms and Conditions, the German version shall prevail.
§ 1 Validity and changes
The Terms and Conditions also apply if the service is used outside the Federal Republic of Germany. Differing regulations and specific user conditions which contradict the Terms and Conditions shall not be considered.
The provider reserves the right to change these terms and conditions if this does not affect essential provisions of the contractual relationship and this is required to adapt to developments which were not foreseen in the contract and their exclusion would significantly affect the balance of the contractual relationship. In particular the essentials of the contract include but are not limited to the main duties of performance, to the terms and the termination rights. If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. If you do not accept any Change to the Terms, you should stop using YoCutie immediately. Your continued use of YoCutie following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.
§ 2 Conclusion of the contract and Term
1. You may only use YoCutie if you are 18 years old or older (or the age of majority in the country in which you reside if that happens to be greater than 18).
2. The contractual relationship between provider and user is established once the user has successfully registered.
3. The contract is concluded for an indefinite period and ends with a termination.
§ 3 Services
1. YoCutie is Dating Social Community for the internet and especially for mobile devices. It enables the user to get to know each other and to develop partnerships. The user can look at other profiles and contact other user this way. He can also edit his own profile and add photos to it.
2. YoCutie is offering its services exclusively for private purposes. A commercial use is excluded. Upon registration, each user undertakes to use the services only for private purposes.
§ 4 Prices
1. Use of the YoCutie is free for its basic functions. The user can purchase several premium services. The provider reserves the right to price adjustments, which can affect existing YoCutie packages.
1.The provider collects, stores, processes and uses personal related data of the user. This data is collected from the user in several parts e.g. Sign up and Login process.
§ 6 Termination of free membership
1. A user is entitled to terminate the free membership without giving reasons at any time with immediate effect.
2. The contract regarding the free membership can be terminated in special cases by the provider without notice, if the user knowingly provides false information regarding his data or offends or harasses other users. False information made with fraudulent intention in the profile or other areas of the portal, may lead to civil and possibly criminal investigations.
3. After the termination of the contract all user data will be deleted by the provider, as long as this is not required for evidence purposes due to illegal user activity.
§ 7 Liability of the provider
1. The provider shall not be responsible for the accuracy and correctness of the information given by users in the login process and in their user profile nor for any other content generated by users. The provider shall also not be liable for the misuse of such information by third parties.
2.The provider takes no responsibility for the content of third-party and external links. Content created by users is considered foreign content according to § 5 of the Teleservices Act (TDG) in the version dated 22.7.1997, wherefore the operator takes no responsibility whatsoever for this.
3. The provider disclaims all liability for economic, physical or immaterial damage arising from the contacts to other users initiating from YoCutie.
4. The liability for damages from injury to life, body or health is excluded, unless this is caused by a negligent or deliberate breach of duty of the provider, its legal representatives or vicarious agents. The same applies to other damages that are based on an intentional or grossly negligent breach of duty of the provider or his legal representatives or vicarious agents.
5. The provider neither guarantees uninterrupted usability or accessibility of the service nor shall he be liable for technically caused delays of transfer or service failures. Furthermore the provider is not liable for service breakdowns for which it is not responsible e.g. acts of nature or technical disruptions to the internet.
6. The operator is authorized, but not obliged, to verify the content of each text, as well as photos uploaded and image files, based on the provisions of the Terms and Conditions and for compliance with the law and if necessary to alter or remove/delete them.
7. User obligations
1. The user is solely responsible for the contents and information contained in the profile he provides about himself. He is obliged to take the appropriate measures to prevent unauthorized use of his data by third parties, in particular passwords.
2. The user ensures that the information submitted is true.
3. Furthermore the user undertakes to observe the respectively applicable laws when registering and using YoCutie.
4. The user undertakes to indemnify the provider against all damages, losses or claims, caused by the login of the user and/or his participation in this service. The user undertakes to exempt the provider in particular from any liability and from all obligations, expenses and claims arising from damages due to insult, libel, violation of personal rights, due to failure of services for other users, the violation of alleged or other rights. The indemnification also refers to the costs that are necessary to the defence against of such claims.
5. The user is obliged to handle emails and other messages from members confidential and not to make them accessible to third parties only with the explicit prior consent of the sender. This also applies to names, telephone and fax numbers, address information, E-Mail addresses and/or URLs.
6. Additionally, every user undertakes not to use the service in an improper way, in particular:
– not to spread defamatory, offensive, or otherwise unlawful material or information. In particular, this includes pornographic, racist, socially objectionable or similar content.
– not to use the service in order to harass other users, to threaten or to infringe the rights (including personal rights) of third parties.
– not to upload data containing a virus (infected software). In general no software or other material is to be uploaded which is protected by copyright unless the user owns the rights for it or the necessary approval – written evidence is required here by the operator.
– not to use the service in a way that negatively affects the availability of the services for other users of YoCutie.
– not to intercept any messages for other users, and even not to try this.
– the sending of messages to users shall only be permitted for the purpose of communication, not for purposes of advertising or the provision of goods or services.
– sending of chain letters shall be prohibited.
– It is not allowed to disclose in the profile data real names, addresses, telephone or fax numbers, E-Mail addresses and other unique data in order to allow contact outside the platform.
7. Not complying with one of the obligations above can both lead to an immediate termination of the agreement and have civil- and criminal law consequences for the user. The provider reserves the right to exclude the user from the service if during the registration or usage of the service he publishes immoral, politically radical or obscene content or photographs according to the opinion of the provider.
§ 10 Involvement of third parties, Assignment
The provider is entitled to mandate third parties with the provision of parts or the entire spectrum of the service as subcontractors
12. Final provisions
1. Contract amendments, additions and ancillary agreements require written form on both sides to be valid. The written form requirement also applies for the waiver of this same requirement.
2. Contractual agreements of partners are subject to the law of the Federal Republic of Germany excluding the UN Convention of International Sale of Goods (CISG) and the conflict of laws.
3. Should individual provisions of this agreement be or become invalid or unworkable, the rest of the agreement remains valid. The invalid or unworkable provision is to be replaced by a valid and workable regulation of which effects come closest to the economic aim that the contract partners pursued with the invalid and unworkable provision. The above provisions apply accordingly in the event that the contract is shown to be incomplete.
App Fiction GmbH, Berlin, 31.07.2013