The following General Terms and Conditions shall govern the contractual relationships between the HaPaRo GmbH, Sindelsdorfer Straße 80A, D-82377 Penzberg (Germany), Commercial Registry of the Municipal Court Munich, Registry No. HRB 211122, and the users of the ‘SPOYU’ Service provided by the HaPaRo GmbH; the Terms and Conditions define the usage conditions for the SPOYU Service.
By signing up for the SPOYU Service, e. g. at http://www.SPOYU.com (in the following referred to as the ‘Website’) and all domains referring to this Website or using the mobile apps for iOS and android devices (in the following referred to as ‘Mobile Apps’) the user agrees to the General Terms and Conditions below. Persons who do not agree with these General Terms and Conditions shall not sign up for SPOYU Services.
These General Terms and Conditions contain the guiding principles for the use of the Website http://www.SPOYU.com and the Mobile App ‘SPOYU’ administered by the HaPaRo GmbH. These terms and conditions shall also apply when the service is accessed from a location outside the Federal Republic of Germany (in the following referred to as FRG). By registering as user of the SPOYU Service the user declares that he/she agrees with the General Terms and Conditions after reading and understanding them. Terms and conditions to the contrary or deviating terms and conditions set by the user shall only be valid after prior written consent by the HaPaRo GmbH.
(1) The HaPaRo GmbH operates a social network community; the company offers users access to an Internet database, which is a forum for the exchange of information revolving around common interests in athletic activities; it is also a meeting place for members who like to form training partnerships. Users may access the database by logging into the Website http://www.SPOYU.com (as proxy for all domains linking to this Website) or via their Mobile Apps for iOS and android devices and in the future also via other smartphones.
The database contains user profiles with photos and user information. Users may log in to access the profiles and information provided by other users. The user then decides whether to contact individual users. The ‘Radar’ function lets users find other users who live in his/her neighborhood. Alternatively, he/she is found by users nearby. In this context, the HaPaRo GmbH merely offers IT services; a specific success is outside the scope of our services.
(2) SPOYU services are offered for personal use exclusively. Any and all commercial exploitation is not included in the scope of services and is prohibited. The profiles of commercial users are identified; they carry the names of the respective account owners. In the future, users with private profiles will be able to enter their own sports-related business names into their profile information.
(3) The HaPaRo GmbH reserves the right to commission third parties and vicarious agents with the performance of part or all services included in the scope of services.
(4) The HaPaRo GmbH shall do everything in its power to avoid service interruptions. Despite our best efforts and due diligence, it is not possible to exclude all downtimes. Service interruptions may for example occur in the course of maintenance work and software updates, due to temporary technical or other problems outside the control of the HaPaRo Company (force majeure, default by third parties etc.)
(1) The user and the HaPaRo GmbH shall enter into an agreement upon the user registering on the SPOYU Website or via Mobile App.
(2) The user may register free of charge by filling out the registration form. Alternatively, users may register using the connection services of third parties (e. g. via Facebook Connect or Twitter Connect). In the registration process via third party user data are transferred to the user profile in the SPOYU database. By registering via third-party connect functions the user agrees to the respective terms and conditions of the third party and consents to the transmission of certain data to the SPOYU database (cf. section IV).
(3) Prerequisite to an effective registration is the account activation via link sent to the user by email; the user must activate the account within 10 days of receiving the activation email. Otherwise, the account will not be opened and the account information will be deleted.
(4) The basic version of the SPOYU Service is free of charge. The user may purchase additional services (‘premium functions’). Before the user makes the final decision to purchase premium services, the prices and the scope of the premium functions shall be clearly and comprehensibly disclosed on the SPOYU Website or the respective Mobile App. The HaPaRo GmbH reserves the right to change these prices at any time.
(5) By registering for premium functions the user agrees to purchase the usage rights for a specific time; there shall be no automatic renewal of the user registration for premium services.
(6) The HaPaRo GmbH explicitly informs the user that he/she may register for no more than one (1) user account. The user shall not register for more than one (1) user account. Users shall delete existing accounts before registering for only one (1) user account.
The SPOYU Data Privacy Protection Declaration is available at http://www.spoyu.com/privacy/
(1) The user shall have the right to terminate his/her SPOYU membership at any time. The user finds the respective function to delete his/her account on the Website and via Mobile App. Membership termination via regular mail or email is also possible.
(2) The HaPaRo GmbH reserves the right to terminate the user’s membership privileges by extraordinary notice of cancellation without grace period in the event the user violates the General Usage Terms and Conditions.
(3) Under the conditions described in paragraphs 1 and 2, payments for unused premium services will not be refunded.
(4) The HaPaRo GmbH reserves the right to cease providing services after appropriate prior notice.
(5) Moreover, the HaPaRo GmbH reserves the right to decline registering users without providing reasons for this decision.
(6) Upon membership termination the respective user data in the SPOYU database shall be deleted immediately unless these data are needed past the end of the membership as evidence for an illegal act committed by the user or because the data storage is required by law.
(1) The user shall be solely responsible for the registration data and all other personal and general information provided by him/her in connection with the SPOYU membership. In particular, the user shall abstain from publishing, transmitting, distributing and storing any data, information, content or images, which are racially biased, discriminatory, offensive, harassing, defamatory, sexual, pornographic, glorify violence or are otherwise illegal. Furthermore, the user is explicitly advised that the use of copyright protected terms, names, images, videos or other materials and graphics is prohibited by law.
(2) In particular, the user agrees not to upload and/or distribute the following photos/images using the SPOYU Services:
Images displaying nudity, images showing or intimating sexual and/or pornographic actions
Copyright protected images / stolen images (e. g. images found in the Internet)
Images depicting violence, drugs or weapons
Images showing persons younger than 18 years of age consuming alcohol or smoking cigarettes, shisha etc.
Images containing the contact data or permitting conclusion about personal information of other individuals
Images showing masked, heavily cloaked or distorted faces
Images showing prohibited symbols, flags or other prohibited signs or gestures of any kind (exceptions: official national flags)
Images of copyright protected trade marks
Images, which refer or link to third-party websites or commercial content (cf. section IX).
(3) Furthermore, the user shall not misuse the SPOYU Services; in particular, the user shall not
use the service to threaten, harass or annoy other persons/users or otherwise violate the rights of third parties
upload virus-infected data or software
upload copyright protected software or other materials unless the uploading user is licensed / has the required permit to do so The HaPaRo GmbH reserves the right to request written documentation showing the respective license or permit
use the service in ways, which negatively influence the availability of the SPOYU services for other users
intercept or try to intercept emails
advertise on behalf of other Internet portals
send chain letters or chat news to a large number of persons at the same time
(4) Every user has the right and opportunity to report illegal content and any content prohibited according to these General Terms and Conditions. This may be accomplished under ‘Settings’ for the account of the user who is in violation of the usage standards. The HaPaRo GmbH will then immediately remove such content from the SPOYU Website.
(5) Furthermore, the HaPaRo GmbH monitors the Website regularly to root out such content before it spreads.
(6) The user is further obligated to prevent the unauthorized use of his/her data by third parties to the best of his/her ability. The user shall immediately report to the HaPaRo GmbH any noticed or suspected unauthorized use of his/her account.
(7) The user hereby provides binding assurance that he/she shall not enter photographic or other images or content on the SPOYU Website unless he/she is sure not to violate applicable copyright laws.
(8) Moreover, the user assures that entered information and data are truthful and describe his/her personality. The contracting parties mutually agree that the HaPaRo GmbH shall have a vested interest in checking the veracity of information and data provided by the user.
(9) The user shall indemnify the HaPaRo GmbH and hold the Company harmless from legal actions, claims, damages and/or losses of any kind in connection with the registration for or the participation in SPOYU Services providing they are not the result of malicious intent or negligence on the part of the HaPaRo GmbH or its legal representatives or vicarious agents.
In particular, the user shall indemnify the HaPaRo GmbH against any and all liability resulting from damages caused by the user due to libel (malicious gossip), insults and/or the violation of personal rights as well as from damages caused by service interruptions or the violation of intangible assets and/or intellectual property rights.
(10) The user shall abstain from using third party data and information (including email addresses) as if they were his/her own. In particular, the user shall not enter the bank account data or credit card information of third parties without the explicit consent of these third parties.
(11) Furthermore, the user hereby assures the HaPaRo Company that he/she will comply with all applicable laws and regulations when using the Services offered via http://www.SPOYU.com or the Mobile App.
(12) The user shall keep received emails and other messages in strictest confidence; the user shall also not distribute or allow third party access to such emails and messages without explicit permission by the author. The same applies to names, telephone and fax numbers, residential addresses, email addresses and/or URLs.
(1) The HaPaRo GmbH reserves the right and is entitled to remove from their Website any and all content and images, which violate these General Terms and Conditions of Use, applicable German laws and regulations, in particular the Act for the Protection of Minors, the Data Privacy Act, the Personality Rights, protection from personal insults as well as copyright and/or trademark protection. In such cases, the user shall not have the right to the restoration of data and information deleted by the HaPaRo GmbH.
(2) Furthermore, the HaPaRo GmbH reserves the right and is entitled to warn users who do not comply with the General Terms and Conditions of Use and temporarily or permanently exclude such users from using SPOYU Services [see also section V (2)]. Dependent on the type and severity, violations may also have consequences in the form of civil or criminal charges brought against the user.
(3) In the event a user is irrevocably excluded from the SPOYU Website as prescribed in section VII (2), all rights of the user to unpaid and paid services shall be null and void. Advance payments for premium services shall not be refunded [cf. section V (3)]. In case of a temporary exclusion, the right to use premium functions shall not be extended by the time of the exclusion. The user shall forfeit the right to use these services as well.
(4) In addition, the HaPaRo GmbH explicitly reserves the right to claim additional damages.
(1) The HaPaRo GmbH grants registered users the right to use the offered product and service portfolio in compliance with legal provisions and these General Terms and Conditions; users shall have the right to upload, store, publish, distribute and transmit content and to share content with other users.
(2) The user shall grant the HaPaRo GmbH at no charge the non-exclusive usage rights to the user-generated, stored and published content; these usage rights shall not be limited by location. According to the above provisions, the HaPaRo GmbH and its affiliates shall have the unrestricted usage rights to all content; this shall include the rights to process, copy, change, translate and to use all content in related works providing this serves the performance of the services and offerings, which are subject to these General Terms and Conditions. Hereby, we explicitly state that the HaPaRo GmbH does not acquire ownership or property rights to the content provided by the users. Therefore, the HaPaRo Company does not supervise or monitor the user-provided content.
(3) The HaPaRo GmbH explicitly notifies the user of the fact that the content is stored and may be passed on to third parties to the extent stipulated by law or as deemed necessary according to our best judgment within the confines of applicable law.
(4) Furthermore, HaPaRo GmbH explicitly makes users aware of the fact that user data may be removed from the Website without reason and without notification of the respective user. This applies in particular to older chat sequences and news, which we remove from the database in irregular intervals; users can no longer access these removed data.
(5) The HaPaRo GmbH shall have the right but not the duty to monitor all entered and uploaded information for compliance with these General Terms and Conditions and, if necessary, change, remove or delete the content of any uploaded text, photos, images and graphics files.
IX. Prohibition of Commercial Use, Anti-Spamming Policy
(1) The user shall not exploit the SPOYU Website for commercial and/or advertising purposes of any kind. The user assures the HaPaRo GmbH that he/she will not exploit the SPOYU Website and the Mobile Apps for commercial purposes.
(2) The prohibited exploitation for advertising and commercial purposes includes but is not limited to
Exchanging goods or services for money or equivalent value, bartering, the request to submit a bid or the reference to the respective offer on another site (e. g. through references to Internet auctions).
Advertising for commercial Internet pages or mobile apps; this applies in particular to advertisements for websites offering goods and/or services for money and advertising or promoting the Internet portals of commercial enterprises. This applies in particular for advertising activities in the form of pop ups, banners or by way of accentuated or flashy links. Internet pages are also considered commercial if they contain direct or indirect references or links to commercial Internet portals and linking or referencing is the main purpose of the web pages.
Mentioning or disclosing the phone or SMS numbers of value-added services on this Website.
Seeking contacts for the purpose of entering into lucrative business relationships in particular by way of reference to the phone or SMS numbers of value-added services.
Searching for potential employees, models for agencies or professional service providers.
Accessing the Website for the purpose of collecting user profile information (e. g. telephone/cell phone numbers) and exploiting this information for commercial use, advertising or the sale of user information to third parties.
(3) The user shall not exploit the offered SPOYU Services to advertise or do business with other users or for any other commercial purposes and shall not send emails or messages to other users for commercial purposes or advertising of any kind. This shall also extend to the insertion of or reference to links, which are meant to entice other SPOYU users or the sending of commercially oriented messages via the Website system to other users.
(4) An exception from the above provisions is the mere mentioning of sports-related commercial enterprises in the user profile providing the profile form offers an entry field for such information.
(1) Users who exploit the SPOYU Website for commercial or advertising purposes as described in section IX of the General Terms and Conditions agrees to pay to the HaPaRo GmbH the lump sum of €5,000.00 (Five thousand) in damages. The user may provide evidence to the effect that no damages occurred or the damages are considerably less than the lump sum. The HaPaRo GmbH reserves the right to claim damages exceeding the lump sum.
(2) This shall not affect the statutory right of the HaPaRo GmbH to claim further damages.
XI. Liability of the HaPaRo GmbH
(1) Unless the parties agreed otherwise, the liability of the HaPaRo GmbH is limited to damages due to gross negligence and willful intent. The above limitation of liability shall apply to the HaPaRo GmbH as well as to its legal representatives and vicarious agents.
(2) Exempt from the limitation of liability are damage claims based on damages to life and limb and damage claims based on a material breach of contract. Material contractual duties are defined as duties, which are essential for the proper contract execution and for proper contract performance by both parties. The contractual parties rely on the performance of the counter party.
(3) The HaPaRo GmbH shall not assume liability for service interruptions and shortfalls due to circumstances beyond the Company’s control such as force majeure or technical Internet problems.
(4) The HaPaRo GmbH shall not assume responsibility for third party content and external links.
(1) The HaPaRo GmbH reserves the right to amend the General Terms and Conditions providing a) these amendments do not significantly affect the material provisions of this present agreement, b) the amendment is necessary to adapt the agreement to developments, which were not foreseeable at the time the parties entered into this agreement, and c) the amendment will significantly contribute to the fair balance of the contractual relationship.
This allows for required amendments based on a change in legal standards, changes in technology or the expansion of paid and unpaid services. In the process, the user should not be unduly put at a disadvantage.
(2) The HaPaRo GmbH shall inform the user of any amendment to this agreement. The user shall have the right to object to the amended Terms and Conditions within six (6) weeks of receiving the notice of the amendment. If the user does not object to the amendment within six weeks, the amended General Terms and Conditions shall be considered agreed by both parties.
(3) The notice of a contract amendment must inform the user of the opportunity to object to the amended contract and the consequences of not objecting to the amendment in a timely fashion. The notice of contract amendment may be send to the user’s email address.
(1) In order to be valid all amendments to this agreement require the written form. The same shall apply to ancillary agreements. The written form provision shall also apply to a waiver of the written form provision.
(2) This and all other agreements of the contracting partners shall be subject to the laws of the FRG (Federal Republic of Germany). The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the Law of Conflicts shall be explicitly excluded.
(3) Should individual provisions of this agreement be or become invalid or impracticable this shall not affect the validity of the remaining provisions. The contracting parties shall put a valid and practicable provision in place of the invalid provision, which most closely resembles the economic purpose of the original provision. In case of gaps in this agreement, the above provisions shall apply accordingly.
[Version as of August 20, 2014]