Terms and Conditions

§ 1. Scope of Application

§ 1.1 The following General Terms and Conditions is an integral part of every contract concluded by means of the "yoomee" smartphone app or the website https://yoomee.love (hereinafter referred to as "Service") between Mobile Trend GmbH, Zirkusweg 1-3, 20359 Hamburg (hereinafter referred to as "Operator") and the User.

§ 1.2 The Operator provides its services exclusively on the basis of these General Terms and Conditions.

§ 1.3 Persons who have not yet reached the age of 18, or who are in guardianship or a care relationship in whole or in part and thus do not have full legal capacity may not use the Service. The User confirms and accepts these regulations with his/her registration. In case of violation or contravention of the regulations, the respective user account will be deleted without consultation and regardless of any remaining credit balances. The same regulation applies in the case of the use of the Service for commercial purposes. The user account will also be deleted by the Operator in such cases.

§ 2. Conclusion of the Contract

The contract between the Operator and the User shall be concluded by the creation of a user account by means of the free registration of the User on the website or by means of the respective mobile apps.

§ 3. Subject Matter of the Contract

§ 3.1 The Service provided by the Operator offers the User the opportunity to communicate interactively and engage in online dating with other users. To this end, the Operator offers users access to its database and the user profiles that are stored in it. Users can view these profiles, add their own profile to the database, and contact other users. Contact and communication between users shall be conducted by means of the Service.

§ 3.2 The Operator shall only be responsible for the attempt to establish contact with other users and does not guarantee that contact will actually be established.

§ 3.3 The use of the basic Service is free of charge; only the individual services which are additionally offered by the Operator are subject to a charge. A detailed description of these services is provided within the Service itself.

§ 3.4 Should the User wish to use a chargeable service, he/she can purchase hearts for this purpose from the Operator, which are credited to his/her user account. Payment shall be made by the type and means of payment described in each case.

§ 3.5 Should the User wish to use a chargeable service and pay by means of hearts, the Operator will inform the User how many hearts will be charged for the use of the respective service.

§ 3.6 In order to guarantee users an optimal service experience and ensure availability of the Service at all times, the Operator employs professional entertainers and profile attendants to look after and entertain users. Such are identified with a Heart-icon next to their user-name on their profile. Users can only send messages to and conduct dialogues with such individuals within the Service; they cannot meet them in person.

§ 3.7 yoomee grants each user a one-time welcome bonus of 60 hearts. The Operator reserves the right to deactivate the accounts of users that have created multiple user accounts in order to achieve unauthorized multiple use of the welcome bonus.

§ 4. Contractual Obligations

§ 4.1 The Operator shall make the Service available to the User and grant a simple right of use that is unrestricted in terms of location or time. However, this right of use is limited to the use of the content provided for private purposes.

§ 4.2 Upon registration, the User shall provide the Operator with the requested information both completely and truthfully. The Operator must be notified immediately of any changes to such information.

§ 4.3 The content provided by the User for publication through the Service and the manner in which it is presented must comply with the applicable legal regulations, and must not infringe the rights of third parties; in particular, the User may not publish any defamatory, offensive, racist or otherwise illegal content.

§ 4.4 The User is not permitted to use either the Service or the data of other users for commercial purposes.

§ 4.5 The User shall treat messages and the personal data of other users that he/she receives in connection with using the Service confidentially, and not make such messages or data accessible to third parties without the consent of the user concerned.

§ 4.6 Should the User violate his/her contractual obligations under § 4 para. 3 to para. 5 of these General Terms and Conditions, the Operator shall be entitled to remove the User's content from the Service, block his/her access, and — in the event of gross violations — be entitled to terminate the contractual relationship extraordinarily with immediate effect. The User shall retain the right to prove that blocking his/her access was unjustified. In the event that the User has chosen to avail of a chargeable service at the time when access is blocked or the contract is terminated, the Operator's right to remuneration shall remain unaffected.

§ 4.7 The User shall bear responsibility for all the content he/she provides and publishes through his/her account, unless he/she is not accountable for this content.

§ 4.8 The User shall ensure that he/she has the appropriate rights to all content (e.g. texts, images, etc.) that he/she or the Operator publishes for him/her through the Service.

§ 4.9 Should third parties assert claims against the Operator in connection with the publication of content by the User through the Service, or in connection with the illegal use of the Service by the User for which the User is accountable, the User undertakes to release the Operator completely and immediately from such claims.

§ 4.10 The User shall have no legal claim to updates or upgrades of the Service. The Operator will nevertheless make every effort to provide regular updates and upgrades.

§ 5. Further Development of the Service

§ 5.1 The Operator reserves the right to make further developments and improvements to the Service (e.g. by adopting newer or different technologies, systems, procedures or standards) in the interest of technical progress and performance optimization after conclusion of the contract. The Operator shall inform the User in good time in the event of significant changes to the Service. Should the User suffer significant disadvantages as a result of changes to the Service, he/she shall have the right to terminate the contract exceptionally on the date of such changes. The User shall terminate the contract within two weeks of receiving notification of the changes to the Service.

§ 5.2 When providing new versions of the Service, the Operator shall also grant the User the rights listed in § 4 of these General Terms and Conditions for the respective new version.

§ 6. Liability of the Operator

§ 6.1 The Operator assumes no liability for assuring that contact between users actually occurs. Liability is also excluded in the event that no contact occurs during the term of the contract; this also applies to the use of services for which a fee is charged.

§ 6.2 In principle, the statutory right to assert claims for defective service applies, unless otherwise provided for in § 6 para. 3 to para. 5 of these General Terms and Conditions.

§ 6.3 The Operator is only liable for damages other than those resulting from injury to life, body or health if the damages are due to deliberate or grossly negligent activities or the culpable breach of a fundamental contractual obligation by the Operator, its employees or its vicarious agents. This also applies to damages resulting from the violation of obligations during contractual negotiations and from the performance of unauthorized activities. Any further liability for damages is excluded.

§ 6.4 Except in the case of intentional or grossly negligent conduct, the violation of a cardinal obligation, or injury to life, body and health by the Operator, its employees or its vicarious agents, liability is limited to the damages typically foreseeable at the time of conclusion of the contract, and otherwise to the average amount of damages typical to the contract. This also applies to indirect damages, in particular loss of profit.

§ 6.5 The provisions of the Product Liability Act remain unaffected.

§ 7. Contract Termination

§ 7.1 The contract between the Operator and the User shall be concluded for an indefinite period.

§ 7.2 The contract may be terminated by either party at any time and without notice. In the event that the User has chosen to avail of a chargeable service at the time of the notice of termination, the termination shall become effective at the time when the chargeable service expires.

§ 7.3 This shall not affect the right to extraordinary termination for good cause.

§ 8. Refund / Revocation

The user acknowledges that the operator is under no obligation to reimburse any virtual currency that has already been used. In this case, revocation is also excluded. Furthermore, there is no entitlement to money or other compensation for unused remaining credit. This applies in particular in the event of a violation of §1 point 3 or §3 point 7 in these terms and conditions, or if the account is deleted/closed by the user himself. However, the operator will examine every application on a case-by-case basis and has the right to make refunds or partial refunds. These reimbursements are only made out of goodwill and without recognition of a legal obligation.

§ 9. Final Provisions

§ 9.1 The law of the Federal Republic of Germany shall apply, under exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the User habitually resides remain unaffected.

§ 9.2 Should any individual provisions of this contract be ineffective or conflict with statutory regulations, this shall not affect the remainder of the contract.

§ 10. Bonus-Hearts Game Regulations

§ 10.1 The Bonus-Hearts Game can be used once a day free of charge. Every additional game is payable in hearts, the number of which is shown in the Bonus-Hearts Game. The maximum amount that you can win is also shown in the Bonus-Hearts Game.

§ 10.2 If three of the symbols are the same, you win the value indicated on the symbols. Each yoomee logo wins you 3 hearts, and three yoomee logos simultaneously wins you 10 hearts.

§ 10.3 The probability of winning varies. Buying hearts to play in the Bonus-Hearts Game does not affect your chance of winning or the amount that you can win.

§ 10.4 Neither Apple nor any other third party is associated with the Bonus-Hearts Game or has any influence on the probability of winning, or on the amount that can be won.

§ 11. House Rules

By using the Service, the User agrees to abide by the so-called “house rules” of yoomee, which dictate proper and acceptable behavior on and off the Service.

The User agrees to refrain from:

using the Service for any purpose that is illegal or prohibited by this Agreement or any applicable law.
using the Service for any harmful or nefarious purpose.
using the Service to damage yoomee or other services provided by the Operator.
Spamming, soliciting money from, or defraud any other Users.
Impersonating any person or entity or post any images of another person without his or her explicit permission and consent.
Bullying, “stalking”, intimidate, assault, harass, mistreat, or defame any person.
Posting any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contract right.
Posting any Content that is hate speech, threatening, sexually explicit, or pornographic; incites violence, or contains nudity or graphic or gratuitous violence.
Posting any Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
Soliciting passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users, or disseminate another person’s personal information without his or her explicit permission and consent.
Using another user’s account, share an account with another user, or maintain more than one account.
Creating another account if an account of the User has already been terminated by the Operator—unless the User has obtained the explicit permission of the Operator.

The Operator reserves the right to investigate and/ or terminate the Service for a given User without a refund of any purchases if the User is in violation this Agreement has misused the Service or behaved in a way that the Operator regards as inappropriate or unlawful, or in breach of these “House Rules”; including actions or communications that occur on or off the Service.

§ 12. Prize Draw

From time to time, the Operator may choose to offer such users of the Service who have fully registered their account with a valid email, and who have opted in to receiving special offers and news, the opportunity to win certain prizes in a prize draw. The terms of such prize draws is governed by points below.

Prize Draw Terms and Conditions

1. By entering the prize draw you agree to these prize draw terms and conditions.
2. The prize draw is being offered by Mobile Trend GmbH ("MT", "us", "we").

Eligibility to enter

3. The prize draw is open to entrants over 18 years of age and hold a registered user account with yoomee, and who have opted in to receiving information about special offers (MT staff members are excluded from the draw).
4. In entering the prize draw, you confirm that you are eligible to do so and eligible to claim any prize you may win.
5. A maximum of one entry per individual is permitted.
6. The prize draw is free to enter.

How to enter

7. The prize draw will include those currently registered and registrations up to the date and time outlined in the prize draw. Entries after that time and date will not be included in the draw.
8. To enter the prize draw simply register your account via the prize draw tile and accept the receipt of special offers.
9. MT will not accept responsibility if contact details provided are incomplete or inaccurate.

The prize

10. The prize will be described in the prize draw tile.
11. The Prize Draw is not in any way or form sponsored by Apple, or any other brand, unless explicitly indicated in the price draw tile. The use of any brand as a price is determined entirely by MT. MTs use of particular brands as prizes does not imply any affiliation with or endorsement of such brands.
12. The winner will be drawn at random.
13. The prize is non-exchangeable, non-transferable and no cash alternatives will be offered.
14. MT reserves the right to substitute prizes with another prize of equal or higher value if circumstances beyond the control of MT make it necessary to do so.
15. The decision of MT regarding any aspect of the prize draw is final and binding and no correspondence will be entered into about such matters.

Winner announcement

16. The winner will be notified directly after the draw via the email provided during registration and directly from our support within yoomee.
17. MT will attempt to contact the winner by email and chat up to two times in total.
18. If the winner does not respond to the emails and chat messages notifying them of their win within 7 days of the second email/message, they will lose their right to the prize, and MT reserves the right to choose and notify a new winner.

Receipt of the prize

19. Please allow 14 days for delivery of the prize or alternative collection or delivery arrangements may be made through mutual agreement.

Data protection and publicity

20. You consent to any personal information you provide in entering the prize draw being used by MT for the purposes of administering the prize draw, and for those purposes as defined within our privacy notice.
21. All entrants may apply for details of the winning participant by contacting us at info@yoomee.love
22. The winner agrees to the release of their first name to any other prize draw participants if requested via MT.
23. An announcement of the winners first name may be used for the purpose of promoting the result of the draw within yoomee to other users.
24. All personal information shall be used in accordance with MTs Privacy Notice.

Limitation of Liability

25. MT does not accept any liability for any damage, loss, injury or disappointment suffered by any entrants as a result of either participating in the prize draw or being selected for a prize, save that MT does not exclude its liability for death or personal injury as a result of its own negligence.
26. MT does not provide any form of practical or IT support for this prize. On receipt, all responsibilities relating to warranty and the product are that of the prize winner.

General

27. MT reserves the right to cancel the prize draw or amend these terms and conditions at any time, without prior notice.
28. The prize draw and these terms and conditions will be governed by German law and any disputes will be subject to the exclusive jurisdiction of the courts of Germany.