General terms and conditions
§ 1 Scope, Definitions
(1) The APPITIONER ApS c/o, hereinafter also referred to as "the company", provides a communication platform with accompanying services (hereinafter: chat) on the Internet under the address "http://{imprintDomain}}". These terms and conditions shall apply to every participant in the chat and all subdomains belonging to the aforementioned domain, even if use or access takes place from outside Königreich Dänemark. By registering or logging in later as a participant, these terms and conditions are accepted and thus become an integral part of the contract of use, which is concluded by confirmation of the registration by the company.
(2) A participant within the meaning of these Terms and Conditions is anyone who uses the chat referred to in paragraph 1, in particular the communication and service options offered there. The company expressly points out that controllers employed by the company are used and active in the chat, who participate in the chat under several identities, in particular conduct dialogues with other participants. These are not explicitly marked or perceivable as controllers, but are active in the chat via dummy accounts/profiles. It is therefore possible for an external registered participant to conduct dialogues with a controller working for the company without the controller identifying him/herself as such. The use of controllers working for the company serves in particular to ensure the possibility of exchange even in the event of a temporary lack of other (external) participants and to monitor compliance with the participant obligations. In this context, it is also pointed out that the personal images assigned to the individual profiles do not necessarily correspond to the actual natural person behind the profile. This applies in particular and also to the controllers employed by the company, who may work under different profiles/identities (m/f). The company also has no possibility of verifying the images assigned to its own profile by external users (cf. § 3 number 6.) of these conditions).
(3) The Company reserves the right to amend these Terms and Conditions for objectively justified reasons (e.g. changes in the legal situation, market conditions or corporate strategy). The user will be informed of this by e-mail at least two weeks before the planned change. A login after changing the terms and conditions can only take place after the respective confirmation of the changed terms and conditions. The continued use of the chat by logging in after the Terms and Conditions have been changed shall be deemed to be the participant's declaration of consent to the changed Terms and Conditions. If the user does not agree to the amended terms and conditions, he/she may no longer use the platform.
§ 2 Access
(1) The chat can only be used after registration as a participant. The participant undertakes to fill in the registration form completely and truthfully. In the event of changes to the data to be communicated in the registration, the participant is obliged to update these immediately and to communicate the changes to the company. After successful registration, the pseudonym and password chosen by the participant will be confirmed to the extent that there are no impediments (in particular inadmissibility or already having been assigned). The registration of a pseudonym with offensive or insulting content cannot take place. The participant is obliged to keep his/her access data secret and thus in particular to exclude unauthorised use by third parties. The communication and other services offered in the chat may only be used for personal use by the participant. The status of participant in the chat is personal and non-transferable.
(2) Registration as a participant is free of charge. Each participant may only maintain one pseudonym at the same time and use the communication and other services of the chat with this account. Deviating from this, the controllers of the company (cf. above § 1 clause 2) may participate in the chat under different pseudonyms/profiles at the same time. There is no obligation to participate in the chat after registration. However, the Company has the right to delete an account and its contents (e.g. access data, pseudonym) if it has not been used for more than 180 days and no longer has any credit. The participant will be informed of this by e-mail to the e-mail address last provided by him/her at least one week before the intended deletion; the deletion will take place if the above-mentioned conditions are met and the participant does not log in again within the above-mentioned period or expressly objects to the deletion. The assigned
pseudonym will be released for registration again after deletion. With the deletion of the profile, all data records stored by the participant will also be deleted, unless there is a legal requirement to retain them or this appears necessary to preserve evidence on the basis of legitimate interests. The contractual relationship ends with the deletion of the participant's account.
(3) The use of the chat by the participant is only permitted if the participant has reached the age of 18. By registering for the chat and confirming these terms and conditions, the participant guarantees that he or she meets the aforementioned requirements. The Company expressly points out that some of the chat offers may contain content that is not suitable for use by minors. The Company provides a link free of charge on the website referred to in § 1 number 1, which enables the free download of a filter software to protect minors from content on the Internet that is harmful to minors.
(4) The company is entitled - in particular if there are doubts about the correctness of the information provided during registration - to demand proof of the participant's information at any time, in particular by presenting official documents such as an identity document. The company is entitled to block the participant's access to the chat in whole or in part until suitable proof is presented upon request.
§ 3 Duties of the Participant, Contractual Penalty
(1) Any use beyond the private use according to § 2 number 1.) of these terms and conditions, in particular a use for business purposes (e.g. advertising), is not permitted. In particular, the isolated or mass sending of messages with identical or largely identical content (junk mail, spamming) is not permitted. For each case of culpable infringement of the prohibition of commercial use of this website (e.g. by sending advertising SPAM mails), an appropriate contractual penalty shall become due, the amount of which shall be determined by the company taking into account the severity of the infringement and the fairness of which may be reviewed by the competent court and shall not fall below the amount of EUR 2,500. This does not exclude the assertion of damages in excess of this amount. A reversal of the burden of proof is not associated with this.
(2) The use of data or software which could unlawfully influence the hardware or software of the recipient is not permitted. Any use for purposes in which a disturbance of the data transmission could occur or which could lead to bodily harm, property damage or financial loss is inadmissible. The chat may only be accessed via a web browser or through software previously authorised by the company.
(3) The participant is not entitled to decompile, modify, translate, disassemble, reverse-engineer or otherwise modify or reproduce the chat software or parts thereof or to have it modified or reproduced by third parties or to develop derivative programs or have them developed. The elements of the website and chat referred to in § 1 number 1.) (in particular texts, software, HTML/Java/Flash source codes, photos, videos, graphics, music, sounds etc.) are protected by copyright. Downloading and use is permitted exclusively for private purposes within the framework of the applicable legal provisions and these Terms and Conditions. However, reproduction, copying, transfer, commercial exploitation, publication, distribution or transfer to another data format in electronic or other form is not permitted. Furthermore, the use of computer programs for the automatic reading of files is not permitted.
The participant may not take any measures to automatically hide any advertising contained on the website.
(4) When using the chat, it is not permitted to carry out immoral, illegal or unlawful actions or to have them carried out by third parties. In this respect, it is not permitted to send messages or data that have illegal content or whose content is contrary to morality. In particular, it is not permitted to distribute, offer or make available any content that is relevant under criminal law, harmful to minors, disorderly or otherwise illegal or immoral, e.g. pornographic, racist, glorifying violence, defamatory, insulting and/or violating the personal rights of third parties. Furthermore, the participant may not offer, announce, advertise, announce or otherwise make accessible any opportunity for sexual acts. It is not permitted to threaten or harass others. It is not permitted to promise or demand money or monetary benefits. Chain
letters may not be sent. Goods or services may not be advertised. The dissemination of unlawful content may result in criminal and/or civil prosecution. The company is entitled and, under certain circumstances, obliged to block or remove unlawful content immediately upon becoming aware of it and - if necessary after securing evidence - to inform the competent authorities. In particular, if there is any suspicion, the company is entitled to secure the actions of the participants as well as the relevant content and, if necessary, to pass it on. Claims of the participant due to the removal of a content or the blocking of access to the content and/or due to the temporary or permanent blocking of the participant itself are excluded.
(5) It is not permitted to distribute, reproduce, make accessible through links or otherwise use works or other content (e.g. performing arts, music, literature, software, etc.) protected by copyright or other protective rights via the chat if the legal requirements for this are not met.
(6) The participant is responsible for the communication content and contributions (e.g. links, images, other files, text content) created by him/her and published in the chat. The Company is not obliged to check content for its legality prior to publication or to regularly check the chat for possible inadmissible content within the meaning of these Terms and Conditions. The participant indemnifies the company against all claims of third parties due to the infringement of their rights by inadmissible content posted by the participant within the meaning of these terms and conditions. In particular, the participant shall compensate the company for all damages incurred by the company as a result of third parties making claims against the company due to the infringement of their rights.
(7) Instructions from the company or its employees (in particular controllers) to maintain order within the chat must be followed immediately.
(8) The participant is obliged to treat mail addresses and other messages or other data of participants which he/she receives in connection with the use of the chat as confidential and not to make them accessible to third parties without the consent of the authorised person. The use or forwarding of any data from non-participants is also prohibited.
(9) In the event of a breach of these Terms and Conditions by the participant, in particular if incorrect data is provided within the scope of the application/registration or in the event of a breach of the participant obligations pursuant to § 3 of these Terms and Conditions, the company is entitled to make use of its "virtual domiciliary rights". In particular, the Company is entitled to temporarily block the account concerned, if necessary to delete parts of a profile without consultation or to terminate the user contract without notice for good cause and to permanently exclude the offending participant from participation in the chat and to delete the content used or contributed by him/her in full. The decision on the measures to be taken is at the discretion of the company, taking into account and evaluating the individual case and the severity of the violation.
§ 4 Duties of the company
(1) The company makes the chat available to the general public for the private exchange of information and the private use of the communication and other services offered. The availability of the platform is 97.5% on an annual average. Excluded from this are necessary regular maintenance work and those periods in which availability is restricted due to events for which the platform operator is not responsible (e.g. force majeure, acts of third parties, technical problems or changes in the legal situation).
(2) The Company expressly reserves the right to change, restrict or completely discontinue the services offered at any time; in connection with Coins acquired for a fee, § 7 number 2 last subparagraph must be observed. The Company is entitled, but not obliged, to check content posted in the chat such as texts, photos, graphics, etc. for compatibility with the law or these General Terms and Conditions and, if necessary, to take measures in the event of violations, in particular to delete the respective content without consultation. The participant has no legal claim to the publication of his/her data and content.
§ 5 Use of the chat
(1) The company offers communication and other services in the chat. The company provides participants with access to the chat's database system, through which participants can get to know each other more closely, sports, travel, household etc.. In addition, other services are offered. The object of the chat is expressly not the mediation or initiation of marriage. Both free services and services with costs are offered. The "currency" in the chat is "coins". Coins may not be misused as a virtual commodity; in particular, they may not be sold for money or other services of monetary value. A fee in the amount of a certain number of coins must be paid for the use of certain services. Prior to the respective use of a chargeable service, the participant will be informed that this service is chargeable and which costs are incurred in the form of Coins. The service can be used from the participant's account after payment of the notified costs.
(2) The participant has the possibility to purchase coins against payment. These are offered in different scales and packages. The Company provides various payment services for payment. The participant determines the method of payment and the number of coins to be purchased, which are to be credited to his/her participant account after payment. After payment, the purchased coin amount is credited to the participant's account and can then be used by the participant.
(3) If the payment by the participant is not made correctly or fails for reasons for which the company is not responsible (in particular in the case of missing account coverage, incorrect account data, etc.), no credit will be issued. Any Coins already credited as a result of this transaction will be deleted from the participant's account without further notification. The Company reserves the right to refuse a renewed payment in this way with reference to the transaction that has already failed. Any costs incurred as a result of the failure (e.g. bank charges) shall be borne by the participant.
(4) The participant can view the respective account balance in the chat via his account. The company secures the account data against loss with appropriate measures that correspond to the usual respective state of the art, in particular by means of backup systems. However, it is expressly pointed out that, according to the current state of the art, it is not possible to protect hardware and software against any misuse from the outside and data loss. No invoices or vouchers will be sent for acquired coin credits.
(5) Notifications from the Company to the Participant shall be made either via corresponding screen masks after a login or via e-mail to the e-mail address last provided by the Participant.
(6) Notifications from participants to the Company must be sent by e-mail to the e-mail addresses expressly stated by the Company on the aforementioned website or by post to the address APPITIONER ApS c/o Lawfirm Kjellegaard Jensen Tuborg Boulevard 12, 3rd 2900 Hellerup Denmark CBR-No.: 39459353, stating name and address as well as the e-mail address and pseudonym provided to the Company.
(7) The Participant may create links to other websites or sources. The Company has no control over this and is not responsible or liable for the availability of such external websites or sources, does not adopt as its own any content accessible from such websites or sources and excludes any liability or warranty in relation to these, unless the Company has positive knowledge of the illegality of the content and the Company has not immediately deleted the link. If the Company receives notice that there is a link in the Chat to an external site on which third party content is distributed that is in conflict with these Terms and Conditions, the Company shall be entitled to remove the link. Participants may use or link to copyrighted material only to the extent permitted by applicable law and the applicable terms and conditions of the copyright owner or as separately permitted by the copyright owner. Participants may not reproduce, replicate, transmit, distribute, publish, exploit, otherwise transfer in electronic or other form to another data format or otherwise use such material beyond the permitted scope. In particular, it is not permitted to use brand names or trademarks,
irrespective of whether this is done in original or modified form or by linking to another domain on the Internet, unless an authorisation to use exists.
Should third parties assert claims against the company as a result of the participant's actions/omissions, the participant shall indemnify the company against any claims upon first request, provided that the participant is responsible for the breach of duty.
§ 6 Acquisition of Coins against payment - Notes on the conclusion of the contract
(1) The chargeable services offered on the website (e.g. Coins) represent a non-binding invitation to the customer to purchase these services. By sending the order (click on the "Buy now" button) on our website, the customer submits a binding offer to conclude a contract.
(2) The acceptance of the contract takes place when the services are credited to the customer's account or when the customer is requested to make payment after placing the order (e.g. in the case of PayPal payment). If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If acceptance is not declared within the aforementioned period, this shall be deemed a rejection with the consequence that the customer is no longer bound by his declaration of intent.
(3) The text of the contract is not stored by the company when services are purchased.
(4) Before the binding submission of the order via the Provider's online order form, the Customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
(5) Only the German language is available for the conclusion of the contract.
(6) The statutory warranty for defects shall apply.
§ 7 End of contract
(1) The contract is concluded for an indefinite period. The company is entitled to terminate the user contract on participation with the participant at any time with a notice period of one month. The discontinuation of the chat according to § 4 number 2.) of these conditions is reserved, which also leads to a termination of the contract as of discontinuation. The participant is entitled to terminate the contract at any time without giving reasons and to log off. The right to terminate without notice (in particular in accordance with § 2 number 2.) and § 3 number 9.) of these General Terms and Conditions) remains unaffected. Notice of termination shall be given by e-mail or in writing. In order to prevent misuse by third parties, the participant's notice of termination must contain details of the participant's unequivocal identification.
After termination of the contract, the data record stored for the participant will be deleted after eight (8) weeks, unless retention of the data is ordered by the authorities, required by law or necessary for the purpose of preserving evidence in accordance with § 3 number 4.) of these terms and conditions. After deletion, it is not possible to restore the account.
(2) If, at the end of the contract, the participant has a paid benefit entitlement (coin credit) that has not yet been used up, he/she may request payment of the remaining amount; in the event of a corresponding request, the corresponding amount in euros/cents will be refunded to the participant within three weeks. The refund will be made to the same means of payment that was used for the deposit. If different means of payment are used, the refund will be made proportionately, if necessary, taking into account the consumption in the meantime on the means of payment from whose debit the still existing credit balance results. In case of doubt, the consumption will first be charged to the first used means of payment, then to the further etc.. It is the participant's responsibility to expressly inform the company immediately after the end of the contract if the means of payment used for the deposit no longer exists and to provide proof of this (e.g. confirmation from the account-keeping or card-issuing institution). If the means of payment used no longer exists, the Participant shall name a means of payment to which the refund is to be made. In connection with this notification, the participant is obliged to provide suitable documentation (e.g. bank confirmation, confirmation from the credit card company or similar) to prove his/her entitlement to the originally used means of payment and to prove his/her entitlement to the means of payment currently to be used for the refund and to provide proof of identity by sending a certified photocopy of his/her valid identification document. The time limit for the refund begins with the end of the contract, in the latter case, however, at the earliest upon receipt of an express notification from the participant regarding the beneficiary account and sending of the above-mentioned proof. The refund shall be made non-cash. If the company has justified doubts about the participant's entitlement to the means of payment originally used or currently notified for repayment, or if the participant does not provide the necessary evidence, it is entitled to refuse payment or to deposit the amount until suitable evidence is provided. The claim for repayment expires if the required evidence is not provided within 3 months from the termination of the contract. A refund of the credit is excluded if the participant has been terminated without notice and/or his/her account has been blocked/deleted, in particular due to violation of the Terms and Conditions (e.g. § 2 number 3.) or § 3).
A claim for reimbursement is also excluded if the company has to discontinue the chat for operational or other reasons. This only applies if the company informs the participant of the discontinuation in good time, at the latest two months before the end date, and thus gives the participant sufficient opportunity to use up any existing coin credits. In this respect, however, reference is made to § 4 number 1 of these Terms and Conditions.
§ 8 Liability
(1) The company assumes no liability for disruptions, delays, errors and/or other impediments to performance that are due to the defectiveness or incompatibility of the software or hardware of the providers or the users. Furthermore, the Company assumes no liability for access and availability of the Internet. In particular, availability may be temporarily restricted due to maintenance work or for other reasons. Liability for the consequences of limited availability - of whatever nature and for whatever reason - is excluded.
(2) The company shall be liable without limitation in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health or on the basis of mandatory statutory provisions or in the event of the assumption of a guarantee.
(3) In the event of a negligent breach of an essential contractual obligation, the Company's liability shall be limited in each case to the amount of the damage foreseeable at the time of conclusion of the contract and typical for the contract, unless there is a case of unlimited liability. Material contractual obligations are obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which a party may regularly rely.
(4) In all other respects the liability of the company is excluded.
(5) The above liability provisions shall also apply with regard to the Company's liability for its vicarious agents and legal representatives.
(6)Should a claim be made against the Company due to the Customer's conduct in violation of the law or the contract, the Customer shall indemnify the Company against all claims of third parties. This includes the reasonable costs of legal defence (esp. court and lawyer's fees) in their legal amount. Sentences 1 and 2 do not apply if the provider/user is not responsible for the infringement. Irrespective of this, however, the customer is obliged to inform the platform operator immediately of any possible threatening third-party claims.
§ 9 Final provisions
(1) The provider of the services of the chat is APPITIONER ApS c/o Lawfirm Kjellegaard Jensen Tuborg Boulevard 12, 3rd 2900 Hellerup Denmark CBR-No.: 39459353.
(2) These General Terms and Conditions and the legal relationship between the Participant and the Company shall be governed by the laws of the Republic of Malta, excluding Maltese conflict of laws rules. The applicability of mandatory norms of the state in which the participant has his habitual residence at the time of conclusion of the contract remains unaffected.
(3) The place of jurisdiction for all legal disputes arising from the contract is Valletta, provided that the participant is a merchant, a legal entity under public law or a special fund under public law and no exclusive place of jurisdiction exists for this matter.
(4) The possible invalidity of individual agreements of these terms and conditions shall not affect the validity of the terms and conditions in their remaining parts.
§ 10 Online dispute resolution
The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure according to the VSBG.
You can find our e-mail address in the heading of these GTC.