General terms and condition
Validity of the terms and conditions and definitions
1.1.The subject of the contractual relationship is the use of this service and the websites, functions and services offered within the scope 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 executed.
1.2.Information on the provider can be found at the end of these General Terms and Conditions of Use (hereinafter “GTC”).
1.3.Individual agreements as well as functions and design of the service as well as any price information resulting from descriptions within the service take precedence over these terms and conditions.
1.4.The term “content” used below includes all content and information created by users, such as photographs, graphics, logos, videos, texts, ratings, advertising content and advertisements, information about places and people as well as links .
1.5.The term “publishing” denotes the embedding, embedding and other types of implementation of content that is provided to users (hereinafter “publisher”) for these purposes by the provider (hereinafter “publishing objects”) within websites, blogs, apps , etc. (hereinafter “Publishing Areas”). The provisions of these terms and conditions applicable to content are also applicable to publishing objects.
1.6.A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§14 I BGB).
1.7.By using the service, users agree to these terms and conditions.1.8.Deviating conditions of the users are not recognized unless the provider expressly agrees to their validity in writing.1.9.Minors may only use this service with the consent of their legal guardian (usually their parents). Use of the service is prohibited to minors younger than 16 years of age.1.10.Our applications only use data and content if they are public or with the consent of the user. We ask you to only use our apps if other users are not negatively affected by it.
Conclusion of contract and content of the contract
2.1.The contractual relationship between the users and the provider comes into being with the completion of the registration process or, if not available, with the use of the service.
2.2.The provider may refuse to conclude a contract with the user if there are objective reasons.
2.3.The functions and the scope of the service offered by the provider result from its functional description.
2.4.In the case of chargeable services, the user will choose one of the tariffs offered by the provider when concluding the contract. The respective scope of services of the provider as well as the amount of the remuneration to be paid by the user as well as contract periods and any payment intervals result from the respective tariff description.
2.5.If the purpose of the service is to provide users with information on specific topics or events (e.g. birthdays, vouchers, product samples, etc.), users agree to this via email or comparable electronic messages as well as information functions and wall postings within of the platforms on which the service is running. The type and scope of the information result from the description of the service. The users can object to the sending of the messages according to the section “Termination” of these GTC at any time.2.6.The provider may also send service-related messages to users, provided they are used for technical or contractual processing (e.g. confirmation emails during registration, safety instructions, changes to the scope of functions, etc.)
3.Third party offers
3.1.If offers or other services from third-party providers or cooperation partners are offered or advertised within the service, the provider does not become a contractual partner of the user with regard to this offer.
3.2.In such cases, the contracts are concluded solely between the users and the respective third-party providers, without the provider acting as a representative, vicarious agent or service point for the third-party provider. The provider bears no guarantee for the services and products of the third-party providers and is not liable for the disadvantages resulting from the contracts between users and third parties.
3.3.The contractual terms of this third party provider then apply exclusively.
4.Maintenance of address and contact details
4.1.The users guarantee that all personal data they transmit is true and that all data and content transmitted are legally permissible and free from third-party rights. Users are not allowed to pretend to be other people or companies or otherwise deceive about their identity.
4.2.The address and contact details of the users must always be kept up to date. Disadvantages that arise for users due to incorrect information are at their expense. Disadvantages that arise for the provider due to incorrect information are at the expense of the user if the incorrect information is their area of responsibility.
4.3.It is the responsibility of the users to exercise the greatest possible care when using their access data and to take every measure that guarantees the confidential, secure handling of the data and prevents it from being disclosed to third parties. Users are responsible for the misuse of access data if they cannot demonstrate and prove that this was not based on their fault. The users are obliged to inform the provider immediately if there is reason to suspect that a third party has knowledge of access data and / or is misusing a user account.
4.4.In the event of incomplete registration, the provider is entitled to delete the user account within one week.
5.1.The users guarantee that content, in particular reviews, self-portraits and inquiries, is true, legally permissible and free from third-party rights.
5.2.In particular, the following content is prohibited: stalking, threats, insults and allegations of false facts; Content that can impair or endanger children or young people in their development or upbringing; Content that violates third-party copyrights, trademarks, competition and data protection rights; racist, xenophobic, violence-glorifying, seditious, pornographic, inhumane and immoral content; Content that may affect the health of people; Chain letters, mass messages with or without advertising content (spamming); Links to websites with this content; Sweepstakes, competitions, raffles or comparable promotions; Publication of private data (e.g. email addresses);
5.3.The provider has the right to remove unrelated content that does not relate in particular to the specifically specified subject area of a service (for example political or religious topics in a game offer).
5.4.If the users create content that entails labeling or information obligations (e.g. the imprint obligation for non-private offers), the users are obliged to fulfill the corresponding labeling and information obligations.
5.5.If users can contact and invite other users directly, this contact and invitation option must not be used for advertising purposes or otherwise annoy the users contacted (for example by repeated inquiries in the event of no response or expressed wish not to be contacted). The provider reserves the right to restrict the function in general and in individual cases if users should feel annoyed.
5.6.The provider reserves the right not to publish content or to reverse its publication if there are concrete indications that the content violates legal requirements, official prohibitions, third-party rights or common decency. However, the provider is not obliged to check the content in advance.
5.7.The provider reserves the right to restrict the number or function of affiliate and similar advertising links posted by users and to prohibit them.6th
Responsibility for content and information
6.1.The provider is not responsible for the content posted and sent by the users and does not adopt this content as its own. The provider is also not responsible for the linked content and does not adopt this as its own.
6.2.The provider points out that the content made available within the service does not claim to be correct, complete, legally permissible or free from third party rights. Contents such as horoscopes, quizzes and tests are to be understood as non-binding fun content only and are only made available for entertainment purposes. Therefore, there is no guarantee of the correctness and / or correctness and / or completeness and / or usability of this content and / or information and / or advice and / or results. The content, such as IQ and knowledge tests in particular, as well as all other tests and quizzes as well as horoscopes are non-scientific fun content and can never replace a medical diagnosis, scientific test methods or professional advice.They are to be understood as non-binding information, recommendations and statements. In particular, no guarantee is given that the content of the service can be used in every country in which it is available. This limitation is due to the global concept of the Internet.
6.3.The respective user is not responsible for user opinions, comments and ratings.
6.4.Users and other rights holders can object to content to the provider, stating the content and the criticized criteria, and request its correction or deletion. The provider may forward the complaint to the respective user responsible for the content and request them to comment within a reasonable period. The publication of content reported as inappropriate can be reversed until it is checked.
7.2.When choosing the sanction to be imposed, the provider will include the legitimate interests of the user concerned in the decision and, among other things, also take into account whether there was misconduct through no fault of their own or whether the violation was culpably committed. The provider has the following graduated sanctions: a) partial and complete deletion of a user’s content, b) warning a user, c) restricting / restricting the use of applications, c) temporarily blocking a user, d) final blocking / Termination of a user, possibly combined with a house ban.
8.Granting of usage rights
8.1.The users grant the organizer the simple right, free of charge, objectively and geographically without restriction, to reproduce, distribute, make publicly available, edit (e.g. translate, as the basis of other works) the content provided to the provider as part of the service to use) and to transfer these rights to third parties, such as technical service providers or other users (e.g. in connection with embedding or editing user-generated content).
8.2.The granting takes place indefinitely until revocation by the user. The granting of the aforementioned rights serves solely to operate and provide the service and its presentation and representation, e.g. as an indication of its functionality and examples of the type of
9.Authorization to use
9.1.The provider points out that users may only use the online offer for the individual contractual purposes. Transferring it to third parties, whether against payment or free of charge, is not permitted.
9.2.Users may only use the provider’s service via the input masks and interfaces provided.
9.3.Actions that are likely to impair the functionality of the provider’s online offers, software and infrastructure (e.g. scripts, robots, crawlers) are prohibited. In particular, excessive loads that are higher than the regular intensity and frequency of use to be expected with normal use of the services and interfaces (e.g. software that permanently generates unnecessary access due to technical errors) are prohibited.
10.1.If claims are made against the provider due to inadmissible content or other legal violations for which the user is responsible, the user releases the provider upon first request and supports the provider in defending against the claims.
10.2.The exemption includes the necessary legal costs.
11.Remuneration and invoice
11.1.The provisions of this section apply if a contract is concluded between the user and the provider for chargeable services. If the purchase process and payment processing are carried out by a third party (e.g. Facebook, Apple iTunes or Google Play), its contractual conditions apply and take precedence over the provisions in this section.
11.2.The remuneration is due at the beginning of the payment interval selected when the contract was concluded. The remuneration is gross, including statutory sales tax.
11.3.The provider reserves the right to change the amount of the remuneration at any time. In the case of current contracts, the change will only take place at the beginning of the following contract period.
11.4.The user can pay the remuneration using the payment options offered by the provider.
11.5.The deadline for sending advance notices by the provider to the user within the framework of the SEPA direct debit procedure is two days.
11.6.The invoices are made available to the user electronically.
11.7.If an invoice cannot be collected, the user bears all costs that result from it. This includes in particular bank fees in connection with the return of direct debits and comparable fees to the extent that the user is responsible for the event that triggered the costs. The provider can send payment reminders to users electronically.
11.8.If the user defaults on payments, the provider has the right to refuse to provide the user with due services and to block access to the user account until the default has been eliminated. In these cases, the provider will announce the blocking to the user with at least 10 working days in advance to remedy the delay. The other legal and contractual rights of the provider due to default of payment by the user remain unaffected. In the case of users who are consumers, the payment arrears must not be insignificant and the blocking must be reasonable for the user.
11.9.In the event of default in payment, the provider can charge default interest in the amount specified by law (5% above the base rate). The assertion of a higher damage caused by default remains reserved.
11.10.A set-off is only possible with claims that have already been recognized by the other contracting party or that have been determined by a court, unless they are main performance claims and claims for defects. A right of retention can only be asserted for claims from the respective contract.
12.Special provisions for publishing
12.1.The following provisions (hereinafter “Publishing GTC”) apply in addition to the GTC for publishing. Should the Publishing GTC contradict the general GTC, they take precedence over the general GTC.
12.2.The provider grants the publishers the simple, non-exclusive and non-transferable right to publish publishing objects that the provider makes available to the publishers for these purposes. Publishers guarantee that they will only use the publishing objects within the publishing areas in accordance with the Publishing Terms and Conditions. If no publishing rights are guaranteed within the framework of the Publishing Terms and Conditions, the publisher reserves these rights. This applies in particular to the rights to the data collected in the context of and in connection with the publishing objects.
12.3.All publishing objects must be clearly identifiable as such. The marks, logos, names or other references and marks provided with the publishing objects or contained in them must not be removed. The provider may announce the use of the publishing objects by the publisher and use the publisher’s identifier in this context.
12.4.Unless otherwise regulated, the publishing is free of charge for the publisher and the provider.
12.5.The publisher agrees that the publishing objects contain advertising content (hereinafter referred to as “publishing advertising content”) and the provider may supplement the publishing objects with publishing advertising content or otherwise use them for advertising and marketing purposes. The publisher may not add its own advertising content to the publishing objects, in particular not in a manner that conceals, blocks or otherwise prevents the publishing objects or publishing advertising content from being displayed and functioning.
12.6.The publisher should offer data protection notices on the publishing areas that comply with the legal requirements, these terms and conditions and publishing terms and conditions as well as the provider’s data protection rules. Otherwise, the aforementioned regulations of the provider take precedence. The publisher may refer to the provider’s data protection rules in his data protection information via a link.
12.7.The publisher may not change, remove, block or otherwise suppress their display of publishing advertising content, terms and conditions and terms and conditions for publishing, as well as the data protection rules of the provider or third parties, insofar as they are integrated into the publishing objects.
12.8.The publisher agrees to refrain from: (a) decompiling, reverse engineering, editing, adapting, translating, using as a basis for other works, selling or otherwise, the publishing objects or publishing advertising content to grant others rights to them; (b) to use the publishing objects or publishing advertising content in a manner that contradicts the provisions of these terms and conditions for content; (c) Use procedures that lead to a falsification of advertising revenues or statistical values relating to them, including in particular automatic redirecting of visitors, enticing users to click on advertising content with the help of incentives, e.g. financial or other kinds, dummy texts, misleading links or enforced Clicks belong.
12.9.The publisher agrees that the provider has the right (but not the obligation) to comply with these publisher terms and conditions in a form chosen by the provider.
12.10.The publisher may terminate the use of the publishing objects at any time. The provider may discontinue or prevent the display or use of the publishing objects in whole or in part at any time. When the use of the publishing objects is terminated, all rights granted by the provider to the publisher in connection with these expire.
13.1.A termination of the contract is possible at any time for free offers.
13.2.In the case of paid ongoing services, the contract term is determined based on the selected payment interval. Unless otherwise agreed, such a contract is automatically extended by the same period after the contract period has expired, unless it has previously been terminated with a notice period of seven days to the end of the contract. A termination or a downgrade before the expiry of a payment interval does not entitle you to repayment of the remuneration paid in advance.
13.3.Users can object to any consent they may have given to receiving e-mails and messages as part of the service.
13.4.If the users stop using a function or a platform version of the service (e.g. the Facebook application, but not the mobile application), this does not mean the termination of the entire service. Users can cancel the entire service by sending a message to the provider and, if applicable to the respective service, by using the cancellation or account deletion options and by clicking on the cancellation or unsubscribe link in the service’s emails, for example.
13.5.Both contracting parties reserve the right to terminate the contract prematurely for good cause. Extraordinary termination is particularly permissible if the user is in default with his payment obligations for a period of two months. If necessary, the extraordinary termination must be given a warning of the behavior complained of beforehand.
13.6.A termination of the services of the provider does not lead to the expiry of other rights and claims that the provider may have resulting from their use under the law or these terms and conditions, including in particular any claims for remuneration or damages.
13.7.Upon termination, the provider is entitled to delete user profiles and user data. It is the responsibility of the users to secure their data in the event of termination before the end of the contract. Only contributions as well as comments, their content and comparable content remain out of consideration for other users within the service, if this is necessary, e.g. so that discussions, advice, etc. not lose their meaning or turn around. This content can be removed individually on request.
14.Changes in performance
14.1.The scope of the services offered by the provider and their design result from the current technical status of the service and the service description at the time the contract was concluded.
14.2.The provider reserves the right to change the services or to offer different services, provided this is reasonable for the user and a) is to the benefit of the user; b) if the change serves to bring the services into conformity with the applicable law, in particular if the applicable legal situation changes; b) if the change serves the provider to comply with mandatory judicial or official decisions; c) as far as the respective change is necessary to close existing security gaps; e) if the change is of a purely technical or procedural nature without significant effects on the user. Changes with only an insignificant influence on previous functions do not represent changes in performance in this sense.
14.3.If the change in the scope of functions not only negatively affects the contractual use of the service by the user, the user has the right, if applicable, to adjust the fees or to cancel.
15.1.The users acknowledge that 100% availability of the service is technically not feasible. However, the provider tries to keep the service available as constantly as possible.15.2.The provider cannot guarantee the availability of the service in times when this is due to technical or other problems that are beyond the control of the provider (force majeure, fault of third parties, necessary maintenance, disruption of the IT infrastructure or internet access of the user, etc. .), cannot be reached. If the security of the network operation or the maintenance of the network integrity is endangered for reasons that are not the responsibility of the provider, the provider can temporarily restrict access to the service as required.15.3.Foreseeable failures due to maintenance work are to be communicated to the user in good time in advance. Claims cannot be derived from this.
16.1.The provider is liable for damages in the event of willful intent and gross negligence.
16.2.In the case of simple negligence on the part of the provider, only for damage resulting from injury to life, limb or health as well as for damage resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner regularly relies and may trust), in which case the liability of the provider is limited to the replacement of the foreseeable, typically occurring damage.
16.3.The provider is not liable for lost profit.
16.4.These limitations of liability do not apply if the provider has fraudulently concealed a defect or has guaranteed its absence. The limitations of liability also do not apply to claims under the Product Liability Act.
16.5.Insofar as the liability of a party is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of this party.17th
Confidentiality and data protection17.1.The protection of user data has top priority for the provider and information and disclosure of user data to third parties is prevented as far as this is legally possible.17.2.The contracting parties undertake to treat confidentially all confidential information that they become aware of during the execution of this contract and to use it only for contractually agreed purposes in accordance with data protection regulations.17.3.The rights and obligations under this section on confidentiality are not affected by the termination of this contract.17.4.Further data protection regulations and notices can be found in the data protection regulations of the provider.
18.Change of terms and conditions
18.1.The provider reserves the right to change the terms and conditions at any time with effect for the future, unless this is not reasonable for the user. The change will only be made if the following objective reasons exist: a) if the change serves to bring the terms and conditions into conformity with the applicable law, in particular if the applicable legal situation changes; b) if the change serves the provider to comply with mandatory judicial or official decisions; c) if completely new services of the provider or service elements as well as technical or organizational processes of the provider require a description in the terms and conditions and this does not affect the existing contractual relationship with the user at his expense; d) if the change is only beneficial for the user.
18.2.The provider will notify the user of changes to the terms and conditions in good time.
18.3.If the user does not object to the validity of the new terms and conditions within four weeks of being notified, the changed terms and conditions are deemed to have been accepted by the user. In the notification, the provider will inform the user of his right to object and the importance of the objection period.
19.Notes and conditions from Facebook
19.1.The following provisions apply if the service is executed within Facebook.
19.2.In addition to these terms and conditions, the relationship between the provider, users and Facebook is determined by the conditions of participation https://www.facebook.com/legal/terms and the data protection rules of Facebook: https://www.facebook.com/about/privacy / .
19.3.Users cannot assert any claims against Facebook that arise in connection with the use of the service.
19.4.The participants acknowledge that the service is in no way sponsored, supported or organized by Facebook or is in no way connected to Facebook.
19.5.All information and data that is communicated by the user or collected by the user as part of the service is only made available to the provider and not to Facebook.
20.Notices and conditions from Apple and Google When purchasing the service as an application via Apple iTunes and Google Play, the respective terms and conditions and data protection provisions of the respective providers apply. If you contradict these terms and conditions, they take precedence over these terms and conditions.
21.Applicable law, place of fulfillment and jurisdiction, assignability
21.1.All rights and obligations of the provider under this contract are freely assignable by him in connection with a merger, an acquisition, the sale of assets or by law or otherwise, provided that there are no mandatory consumer or data protection regulations to which the users are entitled.
21.2.For users who are entrepreneurs, the place of performance is the seat of the provider.
21.3.The place of jurisdiction is the registered office of the provider, provided the user is a merchant or legal entity under public law.
21.4.For users who are entrepreneurs, the law of the Federal Republic of Germany applies.
22. Specify the provider and contact
22.1.The provider of the service is ‘Bo Liao Days’.