This agreement was written in German (
/agb).
To the extent any translated version of this agreement conflicts with the German version,
the German version
controls.
Terms of dua AG, Leutschenbachstrasse 95, 8050 Zürich, Switzerland (hereinafter "Spotted"
called). Please read our Terms and Conditions (the "Terms" called) completely and
carefully before using
the services of Spotted because they are considered at each of your visits.
Preamble
With the application / registration with Spotted and / or the use of Spotted eg, (hereinafter
referred to as "Website"
or "Service") under the application Spotted, the website www.Spotted.de or that
reference domains such as
www.joinspotted.com www.Spotted.at, etc., you agree to the terms and conditions listed below
agree. If you do not
agree to these Terms, you must waive the application / registration and / or use. These Terms
apply to all web pages
and applications of the operator spotted. If you do not agree with the validity of our Terms of
Use, registration as
a member can not be done. The user automatically accepts these Terms of Use by signing up /
registration by mail and
/ or Facebook, and thus these Terms of Use part of the contract.
According to this Terms Spotted awarded to any user of the application, the Website and / or our
service a
worldwide, non-exclusive, non-sublicensable, non-transferable, revocable license for the
personal, non-commercial
use. The use, reproduction, modification, distribution or storage of any Content for any purpose
other than
personal, non-commercial use, without the prior written permission of Spotted or identified in
the copyright
information copyright holders, if any, expressly prohibited. You may, any content to sell,
license or otherwise
exploit for any commercial purposes (regardless of whether for profit) to use or content in any
form, be violated by
the rights of third parties.
1. Acceptance of Terms
2. Validity
3. Scope
4. Contract, contract start, costs and prices
5. Privacy
6. Delete Account
7. Liability of operator
8. Obligations of Users
9. Prohibiting commercial or business use, prohibition of spamming
10. Liquidated Damages
11. Copyrights, Usage in media
12. Changes to the Terms and Conditions
13. Power of revocation
14. Miscellaneous
15. Final Provisions
1. Acceptance of Terms
(A) By registering and / or using the mobile application, the services of Spotted in any manner,
including about the
visit of the site or their browsing with the browser, you agree to all terms and conditions
contained herein. These
also include all other operating rules, policies and procedures, published the Spotted at the
appropriate time on
the site. Each of these schemes is the present Agreement by this reference part and can be
changed at any time by
Spotted without notice to you in accordance with the regulations from the button below under
"Amendments to the
Terms and Conditions". In addition, some services offered through the Service, are subject
to additional terms
and conditions that are set by Spotted at the appropriate time. Your use of such services is
subject to these
respective additional terms and conditions that are part of the present Terms by this reference.
These Terms of Use
apply to all users of the Services, including but not such users, content, information, and
other materials or
services on the Website provide, as well as for individual users of the service.
2. Validity
(A) The terms and conditions contained herein govern the policies under which the use of the
application, the Site
and / or Services of Spotted. The terms and conditions also apply if the service is used outside
the Federal
Republic of Germany. By registering with the operator of the user acknowledges that they have
read and understood
the Terms and accept them. Different rules and particular conditions of the user that are in
conflict with the terms
and conditions require the written consent of Spotted.
3. Scope
(A) Spotted operates a location-based platform on the Internet (or App Store and Play Store) and
provides the
logged-in user access to a database through which users meet new people and get in touch, people
find again, and
notifications and newsletters can get. This database contains profiles and information about
other users. Registered
Users the profiles of other users can view and on the basis of similarities, biometric and / or
location-based data
"matched" and can be contacted by these, as well as a profile with photo create, write
Flirt embassies and
set in the database.
(B) The services of Spotted offered exclusively for private purposes. Any commercial use is not
permitted and in the
scope of services offered. Commercial profiles are prohibited.
(C) Spotted is entitled to use third-party service providers and agents with the provision of
parts or the whole
spectrum.
(D) Spotted will endeavor to provide the service without disruption to the schedule. Even with
all the care downtime
can - for example due to maintenance and software updates, and times when the service (force
majeure, third parties,
etc.) due to technical or other problems which are outside the control range of Spotted - can
not be excluded , And
terms of reference restricted a priori the accessibility of all services on one with minor
impairments.
4. Contract, contract start, costs and prices
(A) The contract between spotted and the user arrives at registration / application by the user
as a member on the
mobile application and / or website (§ 2 paragraph a. Of these Terms) about.
(B) The user can proceed with the free registration by completing the registration form via app
/ site.
Alternatively, it may register via Connect features third-party (eg Facebook Connect). Here,
selected data from the
respective sections of the user are transferred to the Spotted database. When registering on the
Connect features
the user with the corresponding conditions of the third party agrees and consents that certain
data is stored in the
database of Spotted.
(C) The use of the Spotted services are free in the basis functions. The user can acquire
different added values ("Premium
Features") free of charge. The prices may be displayed to the user clear and visible prior
to final purchase.
(D) Spotted reserves the right to change prices at this indefinite time points.
5. Privacy
Apply the privacy policy of Spotted, which are available at the following link
http://www.spotted.de/datenschutz.
- The third-party Google uses cookies to serve ads on your site.
- The use of the DART cookie ads will allow users based on their visit to your sites and other
sites on the Internet
for Google.
- Users can disable the use of the DART cookie by visiting the privacy policy of the advertising
network and content
network of Google.
We rely on third-party companies to serve ads when you visit our site / app. These companies may
use information
(not including your name, e-mail address) so that ads can appear on products and services about
your visits to this
and other websites that interest you.
6. Delete Account
(A) Spotted may terminate your access to all or any part of the Service and / or adding links
anytime founded or
unfounded, terminate with or without notice with immediate effect. This also applies including
without limitation
for property rules, disclaimers, and limitations of liability for damages and.
(B) The free membership according to § 2 paragraph a. Of the Terms may be canceled anytime
within the mobile
applications by the users themselves. The termination can be reached directly or by scrolling
with the account
settings (for iPhone under "more"):
Delete account needs to be clicked by the user, which he once again must then confirm
(C) The account can be deleted by email. These must be written to verwaltungÄTspotted.de an
e-mail in which the
email is that which is registered at Spotted.
(D) Upon termination of the contract information for each user are deleted by the operator,
unless they are also
going for verification purposes because of an unlawful act of the user about the termination of
the contract
requires.
7. Liability of operator
(A) for any damages, psychological, physical or financial nature, associated with the service
offered in conjunction
liable Spotted only to the extent the damage is due to gross negligence of the operator, or its
legal
representatives or vicarious agents or intent of Spotted or his legal representatives or agents
arises.
(B) for damages related to the service being offered in conjunction and occurring to other
property than life, body
or health, is liable Spotted in so far as this damage is due to gross negligence of the operator
or his legal
representatives or agents or intent of the operator or his legal representatives or vicarious
agents.
(C) Spotted can not be held legally responsible for incorrect information in the notification of
the user, as the
information provided by the users may not always be verified due to their extent wealth. He
shall not be liable for
any misuse of the information from other users or third parties, this is especially true if the
user makes itself
accessible the information. In addition, Spotted is not liable for unauthorized acquisition by
third parties of the
users personal data (eg. As by unauthorized access of so-called "hackers" to the
database or server), if
the operator is to be the restriction of paragraphs a and b of § 10 no fault of their own, or
any fault of his legal
representatives or vicarious agents. The operator is entitled, but not obliged, the content of
any text and is
accomplished / uploaded photos or graphics files to, these Terms of Use to
Reason to check back and lying provisions to amend if necessary, or remove / delete.
(D) Spotted can not be held liable for any significant impairment of service.
(E) Further liable Spotted not. For of this was not responsible end service outages, z. B. by
force majeure or
technical failures of the Internet
(F) can be represented by links to other websites Spotted, services, or resources, and other
sites, services, or
resources may contain links to the Spotted site. When you access third party websites, you do so
entirely at your
own risk. Such other websites are not under the control of spotted and you hereby accept that
Spotted is not
responsible for content functionality, accuracy, legality, appropriateness or any other aspect
of such websites or
resources. The inclusion of such links does not in any way that Spotted supports such links or
stands with its
operators in some way linked. You acknowledge and accept that Spotted directly or indirectly
responsible or liable
for any damage or loss suffered by or in connection with use of or reliance on any such Content,
goods or services,
which are provided on or through such sites or resources have been caused or alleged to be
caused.
(G) Spotted does not guarantee that contents or user input via the service to be made available.
Spotted has no
obligation to the site to monitor the service, content, or user input. Nevertheless, Spotted
reserves the right to
(i) to remove content at its sole discretion at any time, without warning, with or without
cause, terminate, modify,
or modify, including but not limited to user input (this applies, inter alia, when Spotted
claims or filed in
connection with such content is replaced or if Spotted suspects that you have violated the
Terms); and (ii) remove,
disable, or block user input.
(H) Spotted also reserves the right to access information, to read it, keep it and to pass them,
inasmuch Spotted
this deems necessary to (i) comply with all applicable laws, regulations and governmental
request, (ii) to these
Terms put into effect, including investigation of potential violations of these conditions,
(iii) to address fraud,
security issues and technical problems to detect, prevent and combat otherwise, (iv) respond to
user requests, and (
v) protect the rights, property or safety of Spotted, its users and the public.
8. Obligations of Users
(A) The user is responsible for the content of its registration / application and thus for the
data that he makes
about himself, alone responsible. He is obliged to take appropriate steps to prevent
unauthorized use of his data in
particular information by third parties. He is obliged to inform Spotted immediately of any
notice or suspected
unauthorized use of his account. The user is solely responsible and liable for the transactions
executed on his
account activity.
(B) You represent and warrant that you have the sufficient age. The service is under 16 years
are not available.
Spotted any person can refuse and change the eligibility criteria at any time in its sole
discretion, the use of the
Service in its sole discretion. You are solely responsible for ensuring that these general terms
and conditions that
apply to you fulfill all laws, rules and regulations. The right to access the Service is revoked
automatically if
present general terms and conditions or use of the Services are prohibited or rendered
prohibited. In this case, you
agree to the access to and the use of the Website and Services immediately in every respect.
(C) The user guarantees that the information provided is true and describe his personality. The
contracting parties
agree that it is considered legitimate interest of Spotted, to let the correctness of the
statements made by the
user may have to check.
(D) The user agrees to hold harmless from Spotted each type of action, damages, losses or claims
that may arise from
the registration / application and / or participation in this service, insofar as this damage by
intent or
negligence of Spotted or its legal representatives or vicarious agents. Especially the User
Spotted committed
against any liability and all obligations, expenses and claims arising from damage due to libel,
defamation,
violation of personal rights, because of the failure of services to users, for infringement of
intellectual property
or other rights, acquit.
(E) The user undertakes not intentionally third party data persons (incl. E-mail address and
pictures) indicate as
his own.
(F) The user undertakes further under with the registration and use of the offer
http://www.Spotted.de or to comply with all applicable laws via mobile application.
(G) The user also agrees, emails and any other incoming messages
confidential and will not make, without the consent of its author accessible to third parties or
to pass. The same
applies to names, telephone and fax numbers, addresses, e-mail addresses and / or URLs.
(H) In addition, each User agrees not to make improper use of the Service, including:
- Do not make any activities affecting their patents, trademarks, trade secrets, copyrights,
publicity rights or
other rights of any person or entity, or otherwise violate any law or contractual obligations;
- Allowed users against another person is not unlawful, threatening, abusive, harassing,
defamatory, be defamatory,
libelous, deceptive, fraudulent or attacking, they may not behave immoral, obscene, vulgar,
pornographic, abusive or
blasphemous and if they or Nudity include sexual activity or represent, promote bigotry,
discrimination or violence,
or if they are otherwise considered at the discretion of Spotted be unsuitable, the relevant
authorities will be
informed by Spotted.
- Not to use it to threaten other people / users, harass or the rights
(Including moral rights) of any third party.
- To load data high, containing a virus (infected software). Generally no
Files, software or other material to upload that is copyrighted, unless the user has the rights
thereto or the
necessary approvals - here may be required by the operator by documentary evidence.
- Not to use them in a way which affects the availability of the services offered to other users
disadvantageous.
- Intercept e-mails and this is also not to try;
- Carry no advertising for other Internet portals.
- May not be copied or stolen content of the service.
- The user may not have the service and the contents of the application or website (except for
your user input)
modify, adapt, distribute, out of them produce derived or adapted works, publicly display, use
them for other than
its intended use, sell.
- To post any chain letters and send.
- In the personal and voluntary information (user profile) to call no addresses, telephone / fax
numbers or email
addresses.
- Allowed users not the source code underlying ideas or algorithms of any part of the Service
(including, but not
limited to all applications and widgets) decipher, decompile, disassemble or reverse engineer or
otherwise attempt
to derive these where applicable laws do not prohibit such restriction.
(I) The following pictures are not allowed to use:
- Images nudity; indicate or show sexual and / or pornographic acts
- Copyrighted images; stolen images (such as images from the web)
- Depict images, violence, drugs, weapons, or the like
- Show images that the consumption of alcohol, cigarettes, hookah etc. from anyone under 18
years
- Images, text and / or contact details, or allow inferences to personal data
- Stock photos of masked, heavily muffled or distorted faces
- Images prohibited symbols, flags or signs and offensive gestures of any kind (except for
recognized national
flags)
- Images of protected trademarks
- Images, refer to other websites or show other commercial content
- Single images of children and adolescents under the age of 16
- Fuzzy, very small and / or non-explicit images
- Senseless images that have no added value for our platform, such as Clips of materials (such
as floor coverings,
plaster and other land), technical equipment (such as vacuum cleaner, hair dryer and toilet
brush), objectless
monochrome images etc.
- Multiple identical images
(J) Failure to observe the above behavior rules could result in immediate termination of
membership of spotted, and
/ or civil and bring criminal consequences for the user even with him. In particular, incurred a
claim for damages.
Spotted here reserves the right to exclude the users of its service if immoral in the
application or use of the
Service in the opinion of the operator, obscene or politically radical content are disseminated
in writing or
photos.
9. Prohibiting commercial or business use, prohibition of spamming
(A) The user confirms that he does not pursue an industrial and / or professional backgrounds in
connection with its
use. He does not undertake the portal
commercial or business use.
(B) Commercial or business use, whose omission under this
Internet portal, the User hereby undertakes, in particular:
- The provision of goods or services or money's worth to make an offer or the solicitation of
reference to an
achievable elsewhere
appropriate offer (eg by making reference to specific Internet auctions).
- The advertising of commercial internet sites, ie, especially pages - goods or
Providing services for payment.
- The presentation or advertising companies to serve or apply other commercial Internet portals.
This is especially
true for the application of
Companies in the form of pop-ups, banner ads or flashy or particularly highlighted links. An
Internet site also
applies in particular to be commercial if it is linked from it directly or indirectly on the
commercial Internet
portal of another operator.
- Mention or notification of value-added service numbers or value-added SMS numbers (Premium
SMS) in the context of
this Internet portal.
- Contact us for the purpose of subsequent profit, in particular by
subsequent references to premium numbers or value-added SMS numbers.
- The search for potential employees, models for agencies or remunerated
Service
- Promote the collection of accessible as part of the internet portal profile data or experience
of data (eg email
address) of individual users with the background of
commercial use, advertising or resold to third parties.
(C) The user undertakes to refrain from other users of the offered here
To make service or other users advertising in any form for commercial offers and to send
messages (Flirt messages,
private messages or e-mails), serve a commercial purpose. This also relates to the setting or
Name of corresponding
thereto links in which other users or other users of this service accessible profiles or send
messages to the
internal messaging systems (eg messaging, forums and profile data).
10. Liquidated Damages
(A) A user who uses pursued by participating commercial or business purposes within the meaning
of Section 9 of the
Terms and Conditions or liquidated damages in the amount of € 5,000 is obliged to pay (in words
five thousand euros)
to Spotted. The user will be allowed in this case to prove that damage has not occurred or is
substantially less
than the flat. Spotted it remains to prove reserved, that he thereby a higher damage.
(B) In the case of intentional or grossly fährlässigen breach of the obligations of the user
described in § 9,
committed to this, as far as the
Violation not already liquidated damages under paragraph a of this paragraph
justified to pay liquidated damages in the amount of 500 € (in words: five hundred euros) to the
operator. The user
will be allowed in this case to prove that damage has not occurred or is substantially less than
the flat. The
Operator remains to prove reserved, that a higher damage.
11. Copyrights, Usage in media
(A) The user confirms that he through the Service of Spotted any photographs or
other works setting, without this, according to the applicable copyright regulations
to be eligible.
(B) A claim by the user to the publication of the profile or flirt messages in the media
mentioned does not exist.
12. Changes to the Terms and Conditions
(A) Spotted reserves the right to change the terms and conditions.
(B) Spotted be entitled to these terms and conditions to change at any time, provided this
essential provisions of
the contract shall not be affected and it is necessary to adapt to developments which were not
foreseen at the
conclusion of the contract and its omission would disrupt the balance of the contract
considerably. Significant
rules are in particular those concerning the nature and extent of the services contracted for
and the duration,
including arrangements for termination. In addition, changes can be made to close arising after
the contract
loopholes. This is particularly the case for a change in the law that have an influence on the
decisions taken in
these Terms of Service rules.
(C) The user declares that he agrees with the application of the amended terms and conditions on
closed before the
amendment agreements if spotted the user indicating that a change in the Terms of Use has
occurred and the user is
not within two weeks, beginning on the day following the notification of change, the amendment
contradicts.
(D) The notification of change must once again pointing out the possibility
and the period of objection, and the importance and consequences of not one
Contradiction included. You can e-mail to the specified by user
E-mail address carried out.
13. Power of revocation
(A) you have the right to cancel within fourteen days without giving a reason this contract. The
revocation period
is fourteen days from the date of contract.
To exercise your right of cancellation, you must contact us (dua AG, Leutschenbachstrasse 95, 8050 Zürich, Switzerland;
verwaltungÄTspotted.de, by means of a unique statement (letter or email), inform your decision
to withdraw from this
contract you can do so in the attached. use model withdrawal form that is not prescribed.
To meet the cancellation deadline, it is sufficient that you send your communication concerning
the exercise of the
right of withdrawal before the withdrawal deadline.
(B) If you withdraw from this contract, we will reimburse all payments we receive from you,
including delivery costs
(except for the additional costs arising from the fact that you have a type of delivery other
than that offered by
us have chosen cheapest Shipping), and repay immediately at the latest within fourteen days from
the date on which
the notice is received through your cancellation of this agreement with us. For this repayment
we use the same
method of payment that you used in the original transaction, unless you expressly agreed
otherwise; in any case, you
will be charged fees for such repayment.
Do you require that the services to begin during the withdrawal period, so you have to pay us a
reasonable amount in
the proportion of up to the time that you notify us of the right of cancellation in respect of
this contract,
services rendered compared to the total amount provided for in the contract services meets.
Model withdrawal form
If you want to cancel the contract, then please fill out this form and send it back to us.
To: dua AG, Leutschenbachstrasse 95, 8050 Zürich, Switzerland; Email: verwaltung@spotted.de
Hereby give notice that (n) I / We (*) from my / our (*) signed contract to buy
of the following goods (*) / provision of the following services (*)
_________________________________________________________________________
Ordered on (*) / received on (*): ____________________________
Name / consumer (s): _____________________________
Order-ID (Android/iOS): _____________________________
Address of / consumer (s): ___________________________
_________________________ ____________________________
Signature / consumer (s) Place and date
(Only for communication on paper)
(*) Delete where not applicable.
(- End of the model withdrawal form -)
14. Miscellaneous
(A) Spotted in any way for the non-performance of its obligations under this Terms liable if
such failure is due to
causes beyond the reasonable control Spotteds. This includes, among other mechanical or
electronic failures and
communication failures (including "line noise"). These Terms of Use are personal to
you and may you
without the prior written permission of Spotted not subcontracted, transferred or sublicensed.
Spotted may without
your consent, any of its rights set forth herein and obligations to third parties assign,
transfer or assign.
Through these Terms any agency relationship, partnership, joint venture, or employment
relationship between the
parties is established and neither party has the authority to contractually bind the other
Party.
(B) For users in the EEA and / or in Australia is: In relation to these Terms and your use of
this Website, the
Service, the content, the user input and adding links these Terms can not be construed as that
persons who are not
Parties to be granted (except your and our respective successors or delegate), rights or
benefits or that such
persons can enforce provisions contained herein. You and we agree that in accordance with the
Contract Law Contracts
Act 1999 (Rights of Third Parties) no one of us try to be put into effect provisions contained
in the Terms of Use
by third parties.
15. Final Provisions
(A) contract amendments, additions and collateral agreements require, provided in
These Terms of otherwise destined to be in written form on both sides. The writing requirement
also applies to the
waiver of this requirement of written form.
(B) The contractual agreements between the parties subject to the law
the Federal Republic of Germany, excluding the UN Sales Convention (CISG) and the
Conflicts of law.
Coming into force on April 20th 2015.