Table of Content
These General Terms and Conditions of Use ("Terms") form the basis of the user contract being formed between You ("You") and Us, Because We App GmbH, Mies-van-der-Rohe-Str. 8 80807 Munich, Germany (hereinafter referred to as "Us" or "We"). The subject matter of this contract is the use, free of charge or for a fee, of the services We offer under the name faverity via our website www.faverity.com, other faverity websites or via our faverity application ("App"). Create your own profile on faverity and create your world, with interesting questions. You can easily upload photos and videos and get the opinions of your friends. Chat in private with your friends about their opinion and only you can see who voted for what. With faverity you can get answers to all the questions you may have ever wanted to ask. Follow your favorite people, connect with your friends and vote for and answer their questions. With faverity you can even ask your idols questions about your interests/topics.
Please take a few moments to read these Terms before using the App, because once You access, view or use the App, You are going to be legally bound by these Terms.
1.1. Before You can use the App, You will need to register for an account ("Account"). In order to create an Account You must:
·have a Facebook, Instagram or Twitter account;
·be at least 18 years old or possess legal parental or guardian consent, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
· in any case affirm that You are at least 14 years old as the App is not intended for children under 14; and
· be legally permitted to use the App by the laws of Your home country.
1.2. As part of the registration process, for security reasons, We will send You an email in which We ask You to verify the registration by clicking on the "Confirm account" field. Once You have clicked on this field You will be redirected to a website where We will finally confirm Your registration. Only then the registration process will be complete.
1.4. You can delete Your Account at any time by going to the 'Settings' page when You are logged in and clicking on the 'Delete account' link. Your Account will be deleted immediately but it may take a little while for Your Content to be completely removed from the App. We will save Your profile information for a period of 30 days in case You decide to restore Your Account.
1.5. If you need help resetting your password simply enter Your email address provided at time of registration in order to access Your Account and retrieve Your details. If You are using a social media Account (e.g. Facebook, Instagram, Twitter) to log in, please use the email Account You used to register for the social media Account. We will then send a link to reset Your password to this email address. If You do not have access to your email, You may be able to get back into Your faverity Account by answering security questions. If You are not able to verify Your Account by answering security questions, We reserve the right at our sole discretion to terminate or suspend Your Account without prior notice.
1.6. We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give You prior notice.
2. Types of Content
2.1. There are three types of content that You will be able to access on the App:
2.1.1. content that You upload and provide ("Your Content");
2.1.2. content that members provide ("Member Content"); and
2.1.3. content that We provide ("Our Content").
2.2. There is certain content We cannot and will not allow on faverity. We want our users to be able express themselves as much as possible and post all sorts of things on faverity, but We have to impose restrictions on certain content which:
2.2.1. contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
2.2.2. is offensive, obscene, insensitive, upsetting, intended to disgust, or in exceptionally poor taste;
2.2.3. is defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if the app is likely to humiliate, intimidate, or place a targeted individual or group in harm’s way. Professional political satirists and humorists are generally exempt from this requirement.
2.2.4. contains realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence. "Enemies" within the context of a game cannot solely target a specific race, culture, real government, corporation, or any other real entity.
2.2.5. encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
2.2.6. encourages illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms.
2.2.7. contains overtly sexual or pornographic material, such as explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings;
2.2.8. contains inflammatory religious commentary or inaccurate or misleading quotations of religious texts;
2.2.9. contains or encourages objectification of real people *(e.g. "hot-or-not" voting)
2.2.10. contains false information and features, including inaccurate device data or trick/joke functionality, such as fake location trackers.
2.2.11. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
2.2.12. involves the transmission of "junk" mail or "spam";
2.2.13. contains any spy ware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from faverity or otherwise;
2.2.14. itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
2.2.15. shows another person which was created or distributed without that person’s consent.
We operate a zero-tolerance policy for this kind of content.
2.3. Your Content
2.3.1. As Your Content is unique, You are responsible and liable for Your Content and You will indemnify, defend, release, and hold Us harmless from any claims made in connection with Your Content.
2.3.2. If You do choose to reveal any personal information about Yourself to other users, whether via email or otherwise, it is at Your own risk. We encourage You to use the same caution in disclosing details about Yourself to third parties online as You would under any other circumstances.
2.3.3. As faverity is a public community, Your Content will be visible to other users of the App all around the world instantly - so make sure You are comfortable sharing Your Content before You post. As such, You agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other faverity Users).
2.3.4. By uploading Your Content on faverity, You represent and warrant to Us that You have all necessary rights and licenses to do so, and automatically grant Us a perpetual, non-exclusive, royalty-free, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general publish such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
2.3.5. We have the right to remove, edit, limit or block access to any of Your Content at any time, and We have no obligation to display or review Your Content.
2.3.6. We may assign and/or sub-license the above license to our affiliates and successors without any further approval by You.
2.4. Member Content
2.4.1. Other faverity members will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
2.4.2. You do not have any rights in relation to other users' Member Content, and You may only use other faverity users' personal information to the extent that Your use of it matches faverity's purpose of allowing people to communicate with each other. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats.
2.4.3. We reserve the right to terminate Your Account if You misuse other users' information.
2.5. Our Content
2.5.1. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on faverity are owned, controlled or licensed by Us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with Us at all times.
2.5.2. We grant You a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
18.104.22.168. You shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
22.214.171.124. You shall not use our name in metatags, keywords and/or hidden text;
126.96.36.199. You shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
188.8.131.52. You shall use Our Content for lawful purposes only.
2.5.3. We reserve all other rights.
3. Restrictions on the App
3.1. You hereby undertake to:
3.1.1. comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws and regulatory requirements;
3.1.2. use the services in a professional manner by acting in a way that respects others and meets a high standard of behavior.
3.2. You undertake that You will not:
3.2.1. act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
3.2.2. misrepresent Your identity or affiliations with a person or entity;
3.2.3. disclose information that You do not have the consent to disclose;
3.3. You can report any abuse or complain about Member Content by contacting Us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the 'Report' link.
3.4. Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless You have been specifically allowed to do so in a separate agreement with Us.
4. Data Protection and Privacy
5. Third-Party Stores, Premium Services, In-App Purchases
5.1. The App may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, Facebook, Twitter, etc. (each, a "Third Party Platform") and may require that You be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the App.
5.3. We may make certain products and/or services available to users of the App in consideration of a subscription fee or other fees ("Premium Services"), including the ability to purchase products, services and enhancements, such as the ability to start and participate in polls ("In-App Products"). You can start a poll by asking one multiple choice question. The community can choose from among answers that you predefine. You can allow Users to select just one answer. You also have the option of adding another field to allow Users to enter their own answer. You can also request an answer of an Influencer. To get a response by the chosen Influencer You must pay the amount the Influencer will accept to answer Your question.
5.4. If You choose to use Premium Services or purchase In-App Products, You acknowledge and agree that additional terms may apply to Your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference.
5.5. You may purchase Premium Services and In-App Products through the following payment methods (each, a "Premium Payment Method"): (a) making a purchase through the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorized by Us (each, a "Third Party Store"), (b) paying with Your credit card, debit card, or PayPal account, which will be processed by a third party processor, or (c) adding charges to Your mobile carrier bill and remitting payment directly to Your carrier, if Your mobile carrier offers such mobile phone billing.
5.6. Once You have requested a Premium Service or In-App Product, You authorize Us to charge Your chosen Premium Payment Method and Your payment is non-refundable. If payment is not received by Us from Your chosen Premium Payment Method, You agree to promptly pay all amounts due upon demand by Us.
5.7. If You want to cancel or change Your Premium Payment Method at any time, You can do so either via the payment settings option under Your profile or by contacting Your mobile service provider. If Your chosen Premium Payment Method is via Your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to Us are made as well as how such payments may be changed or cancelled.
5.8. Your subscription to Our Premium Services will automatically renew until You decide to cancel in accordance with such terms.
5.9. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control.
5.10. We are not responsible and have no liability whatsoever for goods or services You obtain through the Third Party Store, our third party service providers or other web sites or web pages.
5.11. If You choose to make an In-App Purchase, You will be prompted to enter details for Your account with the Third Party Store You are using (e.g., Android, Apple, etc.) ("Your Mobile Platform Account"), and Your Mobile Platform Account will be charged for the Premium Service and/or In-App Product in accordance with the terms disclosed to You at the time of purchase, as well as the general terms applicable to all other in-app purchases made through Your Mobile Platform Account (e.g., Android, Apple, etc.).
5.12. Premium Services and In-App Products may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features.
5.13. At the end of the free trial period (if any), You will be charged the price of the subscription and will continue to be charged until You cancel Your subscription.
5.14. Please note that for Premium Services and In-App Products made on a subscription basis, Your subscription will automatically renew for the same subscription period as You initially purchased. To avoid any charges for additional periods, You must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of Your Mobile Platform Account and the terms and conditions of any applicable Third Party Store.
5.15. Please note that for Premium Services and In-App Products You will be billed continuously for the subscription or service until You cancel in accordance with Your Mobile Platform Account’s or Your Premium Payment Method’s terms.
5.16. In all cases, We are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods You obtain through Your Mobile Platform Account or Third Party Stores.
5.17. Further, We do not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premium Services or In-App Products) do not imply our or any of our affiliates' endorsement of such products or services.
5.18. Moreover, We and Our third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product.
5.19. Further, if We terminate Your use of or registration to the App because You have breached these Terms, You shall not be entitled to a refund of any unused portion of any fees, payments or other consideration.
6. Push Notifications, Location based Features
6.1. We may provide You with emails, text messages, push notifications, alerts and other messages related to the App and/or the faverity services, such as enhancements, offers, products, events, and other promotions.
6.2. After downloading the App, You will be asked to accept or deny push notifications/alerts. If You deny, You will not receive any push notifications/alerts. If You accept, push notifications/alerts will be automatically sent to You. If You no longer wish to receive push notifications/alerts from the App, You may opt out by changing Your notification settings on Your mobile device.
6.3. With respect to other types of messaging or communications, such as emails, text messages, etc., You can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing Us with Your request at email@example.com.
7. Right to Cancel
7.1. Cancellation policy: If You have entered into a contract for use of faverity or purchased a one-off additional service or a subscription, in each case, You are entitled to the following right of withdrawal.
You have the right to cancel the contract within 14 days without stating any reasons. The cancellation period runs for 14 days from the conclusion of the contract.
To exercise Your right of cancellation You must send Us:
Because We App GmbH
80807 Munich, Germany
an unequivocal notification (e.g. a letter sent by post, a fax or an email) of Your decision to cancel the contract. You can use the attached model cancellation form for this, but You are not obliged to do so. You can also complete the model cancellation form (Refund request), or make a separate unequivocal cancellation request, on our website www.faverity.com and submit it electronically. If You use this option, We will send You an immediate acknowledgement of the receipt of such cancellation (e.g. via email). In order to meet the deadline for cancellation, it is sufficient to send Us the notification of Your wish to exercise Your right of cancellation before the cancellation period expires.
7.2. Consequences of cancellation: If You cancel the contract We are obliged to refund all the payments that We have received from You, including the delivery costs (except for any additional costs incurred as a result of Your choosing a different delivery method to the least expensive standard delivery method that We offer), promptly and at the latest within 14 days from the day on which We received the notification of Your cancellation of the contract. For this refund We will use the same payment method that You used for the original transaction unless a different arrangement has been expressly agreed with You; under no circumstances will You be charged any fees in respect of this refund. If You asked for the services to start during the cancellation period You must pay Us an appropriate amount, equal to the proportion of the services that have already been provided by the time You inform Us that You are exercising Your right to cancel this contract compared to the full scope of the services covered by the contract.
7.2.1. Lapse of the right of cancellation: In the case of a contract for the provision of services the right of cancellation lapses if We have provided the service in full and only began to perform the service after You gave Your express approval and simultaneously confirmed that You were aware that You would lose Your right of cancellation if We had completely fulfilled the contract. In the case of a contract for the delivery of digital content that is not stored on a physical data carrier the right of cancellation also lapses if We have begun to perform the contract after You gave Your express approval and simultaneously confirmed that You were aware that You would lose Your right of cancellation once We had begun to perform the contract.
If You would like to cancel the contract then please print this form, complete it and return it to:
Because We App GmbH
80807 Munich, Germany
I (*) hereby cancel the contract,
I (*) concluded for the purchase of the following goods
(*)/ the provision of the following service
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s)
(*) delete as appropriate
Model form for Your cancellation: To make it as easy as possible for You to cancel and to avoid any potential queries, We have provided an electronic cancellation form for You to use at www.faverity.com. However, of course You can also use the cancellation form below instead. Please make sure to inform Us on the specific faverity Service that You want to withdraw from.
8.1. Liability for services provided free of charge: For services provided free of charge, We will be liable, regardless of the legal basis, exclusively for damage due to willful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for willful misconduct. In the event of gross negligence or the absence of a guaranteed feature our liability is limited to reasonable, foreseeable damage. Otherwise, our liability is excluded.
8.2. Liability for services provided for a fee: In the case of services provided for a fee We have, regardless of the legal basis, unlimited liability in principle for damage due to willful conduct or gross negligence or the absence of a guaranteed feature. If We breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfil the purpose of the contract, and on the fulfilment of which You as the consumer can rely or ought to be able to rely. Our liability in the event of any injury to life, limb or health that is our fault remains unaffected by the above-mentioned limitations. Otherwise, our liability is excluded.
8.3. Liability of our employees: To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.
8.4. Product liability: Claims under the German Product Liability Act remain unaffected by the above-mentioned liability exclusions or limitations.
9.1. All the actions You make and information You post on faverity remain Your responsibility. Therefore, You agree to indemnify, defend, release, and hold Us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by Us arising as a result of, or in connection with:
9.1.1. any negligent acts, omissions or willful misconduct by You;
9.1.2. Your access to and use of the App;
9.1.3. the uploading or submission of Content to the App by You;
9.1.4. any breach of these Terms by You; and/or
9.1.5. Your violation of any law or of any rights of any third party.
9.2. We retain the exclusive right to settle compromise and pay any and all claims or causes of action which are brought against Us without Your prior consent. If We ask, You will co-operate fully and reasonably as required by Us in the defense of any relevant claim.
10. Removal of Infringing Content
10.1. Under §§ 8-10 German Telemedia Act (TMG) We are neither obliged to monitor Member Content nor to investigate circumstances which suggest illegal activity. For this reason We are unable to assume any guarantee for these external contents.
10.2. If You believe any Member Content or Our Content infringes upon Your intellectual property rights, You may request removal of that material by submitting a written notification alleging such infringement ("Takedown Notice") including the following:
10.2.1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
10.2.2. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
10.2.3. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
10.2.4. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
10.2.5. A statement that the information in the notification is accurate and You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
10.3. Any Takedown Notices should be sent to: firstname.lastname@example.org
11. Links to third-party Websites or Resources
11.1. The App may contain links to third-party websites or resources. In such cases, You acknowledge and agree that We are not responsible or liable for:
11.1.1. the availability or accuracy of such websites or resources; or
11.1.2. the content, products, or services on or available from such websites or resources.
11.2. Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
12. Third-Party App Store
12.1. he following additional terms and conditions apply to You if You download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
12.2. These Terms are concluded solely between You and Us and not with the providers of the Third Party Store, and We (and not the Third Party Store providers) are solely responsible for the App and the content thereof.
12.3. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which You obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
12.4. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
12.5. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our sole responsibility.
12.6. We, not the Third Party Store provider, are responsible for addressing any claims You or any third party may have relating to the App or Your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
12.7. The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon Your acceptance of these Terms, the Third Party Store provider from whom You obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary thereof.
13.1. These Terms constitute the whole agreement and understanding between You and Us and supersede any previous arrangement, understanding or agreement between You and Us relating to the subject matter of these Terms.
13.2. We reserve the right to change or modify these Terms with future effect. We will advise You of the changes by email no later than two (2) weeks before the new version of these Terms is scheduled to enter into force. If You do not object to the validity of the new version of these Terms within such period and continue to use faverity, then the new version of these Terms will be deemed to have been accepted. In the event that You do object, We expressly reserve our rights to terminate the contract between You and Us for convenience. We will also advise You again separately of Your right to object, the deadline to do so and the legal consequences of Your objection or failure to object.
13.3. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.
13.4. These Terms and all rights and obligations thereunder shall be exclusively governed and exclusively construed in accordance with the laws of the Federal Republic of Germany.
13.5. If any provision of these Terms should be or become wholly or partially void, ineffective or unenforceable, the validity, effectiveness and enforceability of the other provisions of these Terms shall not be affected thereby. Any such invalid, ineffective or unenforceable provision shall be deemed replaced by such valid, effective and enforceable provision as comes closest to the economic intent and purpose of the invalid, ineffective or unenforceable provision as regards subject-matter, extent, time, place and scope. The aforesaid shall apply mutatis mutandis to any gap in these Terms.
14. Information about the Supplier
Because We App GmbH
Mies-van-der-Rohe-Str. 8 80807 Munich, Germany
Managing Directors: Martin Roger Kohnen and Vitalij Schneider
Registered in the Commercial Register held at Munich District Court under number: HRB 232192
VAT number: DE313570713
15. Option to save and review the text of the contract
These Terms may be reviewed by You at www.faverity.com. If You would like to save a permanent copy of these Terms on a data carrier, You can download these Terms as a "pdf" file free of charge at www.faverity.com. Please consult Your web browser's help documentation if You need help with saving the file. To open a "pdf" file You may need special software such as the free Acrobat Reader program or a similar software program that handles "pdf" files. You can review any further contractual information and data in Your user account. Alternatively, You may also print or store the order confirmation which You will receive after making a purchase.