Terms of Service

Last Revised: March 1, 2017

1.

General Conditions and Definitions

1.1.
The subject of the contractual relationship is the use of this Service and the sites, functions and performances offered as part of the Service, regardless of the domains, systems, platforms (e.g. web or Facebook) and devices (e.g. desktop or mobile) on which the Service is carried out.
1.2.
Information on the Service Provider can be found at the end of these Terms of Service (ToS).
1.3.
Individual agreements and functions and structure of the Service and any price quotations arising out of descriptions within the Service take priority over these TOS.
1.4.
These General Terms of Service (hereinafter referred to as "ToS") represent the exclusive basis for all legal relationships established between us and you, related to the use of this Service.
1.5.
"You" and "your" refer to you, as a user of the Service. "We", "us", and "our" refer to us, the Service Provider. "Content" means all content and information, including user generated content, like text, images, photos, video, messages, ratings, first-party and third-party advertisements, links or data on a person or a location.
1.6.
"Publishing" means implementation, embedding and use of Content (hereinafter referred to as the "Publishing Items") made available to you (hereinafter referred to as the "Publisher") for Publishing within Publisher's own websites, blogs, applications, etc. (hereinafter referred to as the "Publisher's Site"). The Content-related provisions of these ToS also refer to Publishing Items.
1.7.
By accessing or using our Service, you are agreeing to these ToS and concluding a legally binding contract with us. Do not access or use our Service if you are unwilling or unable to be bound by the ToS.
1.9.
Insofar as we have not explicitly agreed to their application in writing, your possibly deviating business conditions shall not apply. Even though they may be enclosed and the contract may have been supplemented, a reference to your own business conditions does not constitute our acceptance of their applicability.
1.10.
Minors need a prior consent of their legal representatives (generally the parents) before using our service. The use of our service is forbidden for minors below the age of 13.
2.

Third Party Offers and Software

2.1.
We make no claims or promises with respect to any third party, such as the businesses or advertisers listed within our Service.
2.2.
Accordingly, we are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses or advertisers or their products listed or featured on the site.
2.3.
Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk and subject to the terms and conditions of the third party.
3.

Obligations concerning your data and contact information

3.1.
You are responsible for ensuring that the information you provide us on you are correct, complete, legally permitted and free from any rights of third parties, and for informing us of any changes to the information you have provided.
3.2.
You are responsible for informing us of any changes to the information you have provided. The address and contact details of the customers are kept up to date. Disadvantages caused to customers due to incorrect information, go to their risk at expenses. Disadvantages that arise due to incorrect information for us will be charged to the customer if the incorrect information is within their own sphere of responsibility.
3.3.
If a registration is incomplete, we are entitled to delete the user account within one week.
4.

Obligations of the users

4.1.
Users warrant that their content, in particular reviews, self-presentations and inquiries, is consistent with the truth, permitted by law and unencumbered by third-party rights.
4.2.
The following content in particular is not permitted: Pestering (stalking), threats, insults, and the assertion of incorrect facts; content that may be detrimental to the development or education of children or young adults or put them at risk; content that infringes third-party copyrights, trademark rights, competition rights or rights to privacy; content that is racist or xenophobic, glorifies violence or is seditious, pornographic, degrading or immoral; content that may affect the health of individuals; chain letters, bulk messages with or without advertiser content (spamming); links to sites with such content; sweepstakes, contests, lottery draws or similar promotions; publication of private data (such as e-mail addresses); commercial advertising or references praising other competitor services.
4.3.
If users create content that is subject to certain labeling or information requirements (e.g. legal information on the content provider), users are required to appropriately fulfill the respective labeling and information duties.
4.4.
The Service Provider has the right to remove non-relevant content, in particular content that does not relate to the specific thematic area of a Service (for example, political or religious topics in a range of games).
4.5.
If users can directly contact and invite other users, this contact and invitation option may not be used for advertising purposes or to otherwise harass the contacted users (for example, through repeated requests for a reply even if no answer is forthcoming or a wish not to be contacted has been expressly stated). The Service Provider reserves the right to restrict the function both generally and in individual cases if users should feel harassed.
4.6.
The Service Provider reserves the right not to release content or to reverse the release thereof if there is concrete evidence to suggest that the content is in breach of statutory regulations, official prohibitions, the rights of third parties or public morality. The Service Provider is not, however, obliged to verify the content in advance.
4.7.
The Service Provider reserves the right to restrict the number or function of affiliate and similar advertising links placed by users and to prohibit the use of such links altogether.
5.

Responsibility for content and information

5.1.
The Service Provider is neither responsible nor liable for user-generated content or for linked content on other websites.
5.2.
The Service Provider wishes to point out that no claim is made regarding the accuracy, completeness, legal admissibility and absence of any rights of third parties of the content provided within the Service. Content is provided for fun and entertainment purposes only (such as Horoscopes, quizzes, tests, etc.), and as such, it comes with no guarantee of accuracy or usability of information and/or advice and/or results contained within. The content, the IQ and knowledge tests and all other tests, quizzes and horoscopes are non-scientific fun-content and can never replace medical diagnoses, scientific testing methods or professional advice. Such content is to be understood as non-binding information, recommendations and statements. In particular, no guarantee is offered that the content of the Service can be used in each country in which it is available. This restriction is due to the global nature of the Internet.
5.3.
The user in question, and not the Service Provider, is responsible for user reviews, comments and ratings.
5.4.
Users and other rights holders can complain to the Service Provider about content, stating the content and the criteria by which they have found fault with it, and apply for the correction or deletion of such content. The Service Provider may forward the complaint to the users responsible for the content in question and give them a reasonable period of time in which to comment. The publication of any content reported as inappropriate can be reversed until such time as it has been verified.
6.

Oblgations of Users

6.1.
No User shall do any of the acts described below, in connection with use of the Services:
  • Using any information or contents, provided by the Company, for anything other than the Users’ private use, unless preapproved by the Company. Copying materials and using them for publication, broadcasting, providing them to a third party or any other similar purposes;
  • Distributing any information that infringe the patents, trademarks, trade secrets, copyrights or other intellectual property rights to a third party through electronic mails or by other means;
  • Distributing obscene or vulgar information, sentences, geometric figures, etc. may harm societal well-being or good morals and customs through electronic mails or by other means;
  • Any act that objectively appears to be related to a crime;
  • Any other act that may violate the relevant laws and regulations.
6.2.
Users shall comply with the terms and conditions of these “Terms of Service” and also abide by the guidelines and announcements Company posts from time to time on the Website.
6.3.
The Users shall not conduct any business activities using the Services, without the prior consent from the Company, and the Company shall not be liable for the consequences of such business activities and the Users conduct in violation of these “Terms of Service”. The Company's losses, if any, suffered as a result of such business activities shall be compensated for by such Users.
6.4.
Users may not conduct business activities of selling products using the Services provided by the Company, especially through hacking, posting money-making advertisements, pornographic sites, etc., and distributing illegal software programs. Company shall not be liable for the results of business activities, losses, and punishment by the related authorities or other legal actions that may arise as a result of the Users’ failure to comply with the above provisions.
7.

Transactions with Advertisers

7.1.
The Company shall not be liable for any losses or damages incurred by any User as a result of such User’s participation in promotional activities of an advertiser conducted through the Services or described as part of the Services, or as a result of a User’s communication or transactions with advertisers.
8.

Information and terms and conditions of Facebook

8.1.
The following provisions apply if the Service is to be carried out within Facebook.
8.2.
In addition to these TOS, the relationship between the Service Provider, the users and Facebook is determined by the terms and conditions https://www.facebook.com/legal/terms and privacy policy of Facebook: https://www.facebook.com/about/privacy/.
8.3.
Users cannot enforce against Facebook any claims that arise in connection with the use of the Service.
8.4.
The users acknowledge that the Service is in no way sponsored, supported or organized by, or in any way associated with, Facebook.
8.5.
All information and data communicated or collected by users as part of the Service are provided solely to the Service Provider and not to Facebook.
9.

Exemption Clause

9.1.
The Company shall be exempt from responsibility for provision of the Services if such inability to provide the Services is due to an act of God or a force majeure event equivalent thereto.
9.2.
The Company shall not be liable to a User for a technical difficulty involving the use of the Services if such difficulty is due to a cause attributable to such User.
9.3.
The Company shall not be liable for loss of profit that a User expected to enjoy using the Services or the damage incurred by a User due to data obtained through the Services.
9.4.
The Company shall not be liable for the reliability and, accuracy of the information, data, or facts posted by the Users on the Services.
9.5.
The Company shall not be liable for damage incurred by a User in connection with use of the Services, to the extent that such damage is due to willful misconduct or negligence on the part of such User.
9.6.
The Company shall not be liable for any User’s penal responsibility stemming from information posted on the Website by such User infringes the copyright or program copyrights of other persons.