Upload Guidelines

VI. Obligations of the User, Liability Exemption (Indemnification)

(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.

VII. Violation of User Obligations

(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.