TERMS & CONDITIONS
– for the use of the website MySelfie.Fun
1. Operator, Subject, Scope
1.1. These general terms and conditions apply to the legal relationship between users of the MySelfie.Fun service (hereinafter "platform") and LoversLOC GmbH, Sophienstr. 26, 76530 Baden-Baden (hereinafter “we” or “us”). The subject of the platform is a social media offer. Among other things, the platform offers users the following functionalities:
· Setting up a user profile on the website www.myselfie.fun, on which, among other things, photos (selfies) or videos can be uploaded or taken from social media platforms and embedded and placed on a map (hereinafter also referred to as "Myselfie(s)" designated)
· Use of the MySelfie.Fun app, with which photos or videos, graphis can be created for the purpose of uploading them to the platform and to view them virtually in the mobile phone camera.
· You can send a MySelfie link via email to a person, partner, friends, family (hereinafter “your partner”) via the platform. Your partner can access MySelfie via this link.
· You can either limit the visibility of the individually created MySelfies (“Selfie Special”) on the platform to your partner (s); then only your partner can view the MySelfie - via the link provided. Or you can make the MySelfie publicly visible on the platform.
2. Minimum Age
2.1. Registration as a member and use of the platform is only permitted for people who have reached the age of 16.
3. Conclusion of the contract, contractual language
3.1. The provision of the platform does not yet constitute a binding offer for a conclusion of a corresponding user contract. Rather, a binding offer is only made when the user sends us his registration request via the platform. We accept this offer, if necessary, by confirming the user's registration with a registration confirmation e-mail or by having user content transmitted by the user either automatically or otherwise placed onto the platform.
3.2. Contractual languages are German and English.
4. Storage of the terms of the contract
4.1. We save the contractual provisions, i.e. the registration data and the present terms and conditions. You can print out or save the terms of the contract by using the relevant functionality of your device.
5. User Account (Registration)
5.1. When registering the user account, correct and complete information must be provided. Third party data may not be used without their consent.
5.2. You are obliged to treat your login data such as your password confidentially, not to make them accessible to third parties, and to inform us immediately in the event of loss or unauthorized use of your login data.
6. Visibility of MySelfies, Settings for Profile Information
6.1. Your MySelfies will be published on the website. Using the search function, the MySelfie can be researched by first and last name of the user (if entered), by selfie title, date of publication or the address on the world map.
6.2. Photos or videos placed on the map by the user remain visible, or rather retrievable, there for one year, unless the user deletes them. The visibility can be extended to a further year before the end of that year.
7. Approval Requirement for Photos/Videos or other Personal Information from Third Parties
7.1. Photos in which third parties can be identified, e.g. your partner, may only be integrated into that MySelfie with their prior consent.
7.2. The same applies to other personal data of third parties e.g. the names of third parties.
8. Other User Content Requirements and User Obligations
8.1. Only legitimate user content (texts, images, comments, etc.) may be posted on the platform. They must not contain any depictions of violence or be sexually offensive. They must not contain any discriminatory, insulting, racist, defamatory or otherwise illegal or immoral statements or representations.
8.2. User content and / or its placement onto the platform must not infringe any third party rights (e.g. name, trademark, copyright, data protection, personal rights, etc.), even beyond the scope of Section 7, and the user must possess the necessary rights of usage for the placement onto the platform.
8.3. Commercial or other business use of the platform is only permitted in the case of a separate agreement with us.
8.4. Users may not insult, discriminate, threaten, stalk, bully or otherwise harass other users when communicating via the platform.
9. Blocking of User Contributions
9.1. We are entitled to block and / or delete user contributions at any time, provided that this does not conflict with your right to freedom of expression.
10. Contract Duration
10.1. The usage agreement is set for an indefinite period. It can be terminated at any time by one of the parties, whereby in the event of termination on our part, a period of 2 weeks must be observed.
10.2. The right of the parties to terminate the contract for good cause at any time remains unaffected.
11. Disclaimers and Limitations of Liability
11.1. The following applies to our liability for damages:
11.1.1. In the event of willful intent and gross negligence, including those of our vicarious agents, we are liable in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, limb or health.
11.1.2. In the event of negligent property damage and financial damage, we are only liable in the event of a breach of an essential contractual obligation, but the amount is limited to the damage that is foreseeable and typical for the contract at the time the contract was concluded; essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely.
11.1.3. Apart from that, liability on our part is excluded, irrespective of the legal basis.
11.1.4. The exclusions and limitations of liability in paragraphs (1) to (3) above also apply equally in favor of our vicarious agents.
Liability due to the adoption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in paragraphs (1) to (4) above.
12. Applicable Law, Court of Jurisdiction
12.1. The law of the Federal Republic of Germany applies. This choice of this law only applies to consumers insofar as they do not restrict any mandatory statutory provisions of the country in which they have their domicile or habitual residence.
12.2. The place of jurisdiction in dealings with business people, legal entities under public law or special assets under public law is the registered office of our company. However, we are entitled, at our option, to sue at the customer's registered office.