Allgemeine Geschäftsbedingungen
(as at 01.02.2016)
Preamble
By completing and sending the registration form, you become a member/subscriber and agree to these terms and conditions.
The operator reserves the right to change the terms and conditions at any time and without giving reasons. If an amendment to these terms and conditions changes the agreed service to your disadvantage, the amended terms and conditions will be sent to you by e-mail two weeks before they take effect. If you do not object within two weeks of receiving this e-mail, the new terms and conditions shall be deemed to have been accepted.
The operator will inform the user in the e-mail with the amended terms and conditions of his right of objection and the significance of the two-week period. In the event of an objection, the operator is entitled to terminate the contract in accordance with § 9.
The offers from sparkjoy can be accessed via different URLs, e.g. sparkjoy.today. The totality of these URLs is summarised as "sparkjoy" or "website".
1. Data protection and data use
1.1 By registering, the user agrees to the rules for the use of his personal information by sparkjoy (operator and its legal successors).
1.2 sparkjoy collects, stores, processes and uses personal data of users in the context of the contractual provision of services. This data is collected from the user at various points on the website.
The user agrees that his personal data may be collected, stored, processed and used in electronic form by the operator and its legal successors for the purpose of providing services.
1.3 The user can access and change his personal data online at any time after logging in. Alternatively, this is also possible by sending a written message to the operator.
1.4 sparkjoy, the operator and its legal successors may use the data transmitted by the user for advertising and marketing purposes and make it available to third parties.
1.5 sparkjoy collects, uses and analyses information in order to enable the platform to function and to be able to offer users a better service. In particular, the operator is entitled to pass on users' pseudonyms to other users, which enables a personal exchange of messages between users. However, the pseudonyms do not reveal the identity (name, address, telephone number, e-mail address) of an individual user.
1.6 sparkjoy is entitled to pass on the data collected to the user's mobile phone operator or other payment systems, insofar as this is necessary, for example, for billing for chargeable services. 1.7 If a user accesses the sparkjoy services via a partner site, the user data is stored anonymously using a so-called cookie. These cookies do not contain any personal data about the user, but are used solely to maintain the partner programme. 1.8 This website uses Google Analytics, a web analytics service provided by Google, Inc. (Google). Google Analytics uses so-called cookies, text files that are stored on your computer and that enable an analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to analyse your use of the website, to compile reports on website activity for the website operator and to provide other services relating to website and internet use. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Under no circumstances will Google associate your IP address with any other data held by Google. You can prevent the installation of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
1.9< span style="font-stretch: normal; font-size: 7pt; font-family: 'Times New Roman';"> 1.10 Transfer of personal data for credit assessment By accepting these General Terms and Conditions and placing your order, you consent to our payment processor CommDoo GmbH, Bebericher Str. 23, 41063 Mönchengladbach on our behalf and in consideration of your respective legitimate interests, to transmit the necessary personal data for obtaining creditworthiness-relevant information on your previous payment behaviour, as well as the necessary information for assessing the risk of default on payment, on the basis of mathematical-statistical procedures using address data (scoring) to the company Infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden. The data required for this purpose are your name, date of birth, address, the amount of the claim and the due date of the claim. We may make the choice of payment method offered dependent on this information. 2 Validity 2.2 The following General Terms and Conditions apply to all transactions between the operator and the user (hereinafter referred to as "User"). Any conditions of the user that deviate from and/or contradict these General Terms and Conditions shall not be taken into account. 2.3 The General Terms and Conditions apply to the contractual relationship between the operator and the user, even if no further reference is made to them when activating chargeable services, for example a premium package for interacting with other members. 3 Conclusion of contract and term 3.2 The user assures the operator that he or she is over 18 years of age. 3.3 The contract is concluded as soon as the user has successfully registered with sparkjoy. 3.4 The operator is authorised to check the user's personal details using appropriate documents and to remove the user's data if necessary. 3.5 The contract is for an indefinite period and ends with a cancellation in accordance with § 9. 4 Scope of services 4.2 The operator runs a website on the internet that allows users to contact each other for the purpose of erotic exchange. A user has the option of registering and searching for other users (members) within the portal, whose profiles are stored in a central database. Members can view the profiles of other members and interact with them. This website is an erotic chat service and is for entertainment purposes. Physical meetings are not possible. 4.3 The operator does not guarantee successful interaction within the specified contract period. The operator therefore accepts no liability if no contact is made during the specified contract period. 4.4 sparkjoy is not responsible for profiles that violate the law. sparkjoy does not have the means to permanently monitor profiles. If a user is suspected of violating legal boundaries, sparkjoy will be informed immediately. sparkjoy will then make every effort to prevent a repeat offence and, if necessary, delete the offending comments from the website. 4.5 sparkjoy provides its services exclusively for private use. Commercial use is excluded. By registering, the user agrees to use the services exclusively for private purposes. 4.6 Under no circumstances shall sparkjoy be liable for any direct or indirect loss arising from the use of the website. sparkjoy disclaims all liability to the extent permitted by law, regardless of the manner of the act, for acts or omissions of other users. sparkjoy uses, among other things, third-party websites, whether or not for a fee, to redirect visitors to other websites. These third parties, who are responsible for the hyperlinks, are themselves liable for the content of their website and the way in which these third parties use hyperlinks to direct users to their website. 4.7 Use of this website and the services offered via this website are available to any person who is at least 18 years of age. If you are under the age of 18, object to the content of this website and/or the user of this website or services offered is located in a geographical area in which access to the website or use of the services offered is prohibited, then you must immediately discontinue visiting this website. 5 Scope of services for mobile content delivery 5.2 sparkjoy can offer users mobile value-added services in the form of wallpapers (hereinafter "content" or "services") for use on mobile devices for a fee. sparkjoy offers this content for individual download. In the case of individual downloads, the fee is only due once; the user is not subject to any further payment obligations. 5.3 By requesting a service from sparkjoy, the user makes a binding offer to conclude a contract. sparkjoy accepts this offer by sending a link for a WAP retrieval of the ordered service. 5.4 In the case of individual requests for services, the contractual relationship shall continue until the contractual services have been provided in full. 5.5 sparkjoy endeavours to send the content requested by the user requested. However, sparkjoy relies on the services of third parties, in particular mobile network operators, to send the content to the user. sparkjoy can therefore not guarantee that the requested content will be transmitted without delay or that the services of sparkjoy will be available at all times without interruption. 5.6 Use of the sparkjoy services requires that the user has a mobile device that meets the technical requirements of the desired service. Certain content can only be used on mobile devices from certain manufacturers or of certain types. Please note that sparkjoy cannot provide any final guarantee for the support of the above-mentioned service due to the different software versions for a device type and the different displays of the mobile devices for the presentation of the content in colour. 6 User obligations and responsibilities 6.2 The user undertakes to indemnify the operator against any and all claims, damages, losses or demands that may arise from the user's registration and/or participation in the services. In particular, the user undertakes to indemnify the operator from any liability and from all obligations, expenses and claims arising from damages due to the violation of personal rights, defamation, libel, the cancellation of services for other users, the violation of intangible assets or other rights. The indemnity obligation also applies to the costs required to defend against such claims. 6.3 The user is solely responsible for the content of his registration and thus for the information he provides about himself. The user warrants that the information and data provided in the services are true. Furthermore, the user warrants that he does not associate any business intentions with the registration and use of sparkjoy and that he will not use the data of third parties entrusted to him for commercial purposes, including advertising purposes. 6.4 The user is obliged to treat e-mails and other messages confidentially and to make them accessible to third parties only with the express prior consent of the sender. This also applies to telephone and fax numbers, names, address data, e-mail addresses and/or URLs. 6.5 Furthermore, each user undertakes not to misuse sparkjoy, in particular: 6.6 Failure to comply with the above-mentioned obligations may result in the immediate termination of the contract and may also have civil and criminal consequences for the user. In particular, the operator reserves the right to exclude the user from the service in the event of non-compliance with the above-mentioned obligations. 6.7 If the user uses the data of third parties entrusted to him for commercial purposes and/or combines business interests with his registration, he undertakes to pay the operator a contractual penalty of EUR 5,000.00 for each proven culpable infringement. This shall not affect any further claims for damages. 7 Prices 7.2 The use of certain services on sparkjoy is subject to a fee. To activate the chargeable services, the user accepts the associated payment obligation by clicking on the confirmation field offered in these cases. The exact fees and conditions of this service are displayed immediately before the respective service is activated.
7.3 The operator reserves the right to use different pricing models for different user groups. 7.4 The billing of chargeable services can be done by single debits (e.g. coin top-ups) or by recurring debits (e.g. premium packages). Some chargeable services may require both types of billing. 7.5 Premium packages: The user is billed after selecting a tariff and authorising the service by means of a direct debit to the payment method specified by the user (debiting of account, credit card, etc.) in the billing periods selected by the user. Services included in the premium packages may be subject to limitations or tariff-related restrictions. Such limited services that have not been used cannot be transferred to subsequent periods. 7.6 Coins: The settlement is made by debiting a coin credit. Depending on the offer, coins are debited from the credit balance either once or per unit of time. A reversal or refund of payments is excluded. We would also like to point out that digital goods, such as coins, chat credits, extensions of the message package, are not suitable for return due to their nature and therefore no right of cancellation exists. 7.7 Credit from chargeable services that are not used cannot be transferred to subsequent periods. Credit can only be redeemed for available sparkjoy services. 7.8 In the event of an increase in the statutory value added tax or in the transmission costs to be paid by sparkjoy to the network operators, sparkjoy reserves the right to adjust prices, which may also affect existing premium packages. In the event of price increases of more than 5%, the member has the right to terminate a subscribed sparkjoy Premium Package in writing within two weeks with effect from the date on which the price increase comes into force. The provisions regarding the right of termination in accordance with § 9 remain unaffected. If the member does not cancel within this period, the price changes are deemed to have been approved and will come into force at the earliest one month after notification. sparkjoy will inform the member by e-mail or text message about the details of the cancellation right and the significance of the two-week period.
8 Terms of payment 8.2 By registering, providing the information required for the selected payment method and using a chargeable service, the user authorises the operator to collect the corresponding amount. 8.3 Any applicable fees are to be paid to the operator in advance without any deductions. The amount will be debited automatically via the mobile phone bill, by direct debit or by a comparable payment method. 8.4 If invoices for goods and services are paid via the SEPA Direct Debit Scheme, the customer will receive advance information about the direct debit at the latest one day before the due date. 9 Cancellation, termination and cancellation of contract 9.2 A member is entitled to deactivate his or her profile at any time without giving reasons. When a profile is deactivated, all profile content in the member area is removed and the profile can no longer be accessed via search engines. The length of time it takes for the profile deactivation to take effect in search engine results depends on the update of the search engine entries and cannot be influenced by sparkjoy. Important: Any existing premium packages or other fee-based services on sparkjoy will not be cancelled automatically when a profile is deactivated and must be cancelled by the user as specified here.
9.3 Membership can be cancelled at any time. The cancellation of a chargeable service by direct debit or credit card must be sent in writing, stating the user ID, e-mail address, first and last name, and full address, as a signed document by e-mail to [email protected]. Please note: the above cancellation by e-mail is faster and is to be preferred! Alternatively, you can also send it by post to Combinator AG Samstagernstrasse 55 CH-8832 Wollerau(SZ) in writing, stating the user ID, e-mail address, first and last name, and full address, as a signed document. 9.4 sparkjoy may terminate the contract and chargeable services at any time with immediate effect. The right to terminate the contract for good cause remains unaffected by this. 9.5 Any false information provided intentionally or with fraudulent intent in the profile or other areas of the portal may result in civil action. Furthermore, the operator reserves the right to terminate the existing contractual relationship with immediate effect and without notice in such a case. 10 Errors in the internet offer, payments not cashed 10.2 If the desired offer contains errors (e.g. the entire offer or parts of it are not accessible) or if the required access data cannot be provided due to a technical defect, the user is initially limited to rectification. The user must inform the operator of these errors immediately by e-mail. 10.3 If the user is unable to collect the payment for reasons within the user's control or if the payment is cancelled by the user without justification, the user shall be deemed to be in default of payment without the need for a separate reminder. In such cases, a fee will be charged for each chargeback and access to the internet offering will be blocked. 11 Operator liability 11.2 The operator does not accept any responsibility for the correctness and content of the information in the user's registration or profile data or for other content generated by users, nor does it accept any liability for the possible misuse of information. 11.3 The operator declines all liability for economic, physical or immaterial damages arising from the use of this service. 11.4 The operator endeavours to ensure the proper operation of the service. The operator does not guarantee uninterrupted availability and/or accessibility of the services, nor is it liable for technically-related transmission delays or failures. A temporary interruption of the services may occur, for example, due to technical faults or necessary maintenance work. 11.5 The operator is not liable for unauthorised access to and/or the acquisition of personal user data by third parties (for example, through unauthorised access to the database by "hackers"). The operator cannot be held liable for the misuse of data and information that users have made accessible to third parties themselves. 11.6 The operator reserves the right, but does not undertake any obligation, to check the content of a text and of images or graphic files sent in by users for compliance with the law and, if necessary, to change or remove it. 11.7 Liability for damages arising from injury to life, limb or health is not excluded, insofar as these are based on a negligent or intentional breach of duty by the operator, its legal representatives or vicarious agents. The same applies to other damages that are based on an intentional or grossly negligent breach of duty by the operator or his legal representatives or vicarious agents. 12 Mandating third parties 12.2 The operator is entitled to commission third parties to provide parts or all of the range of services. 13 Right of cancellation 13.2 You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. To exercise your right of cancellation, you must inform us (Combinator AG, Samstagernstrasse 55, 8832 Wollerau, Switzerland, e-mail: [email protected]) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model cancellation form, but this is not mandatory. To comply with the cancellation period, it is sufficient to send the notification of the exercise of the cancellation right before the cancellation period expires. 13.3 Consequences of cancellation. If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs arising from your choice of a different type of delivery to the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. We will make the refund using the same payment method that you used for the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for this refund. 13.4 Sample cancellation form If you wish to cancel the contract, please complete this form and return it to us. To: Combinator AG, Samstagernstrasse 55, 8832 Wollerau, Switzerland, e-mail [email protected] I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*): Ordered on (*)/received on (*): Name of consumer(s): Address of the consumer(s): Signature of the consumer(s) (only for paper notifications): Date (*) Delete as applicable. 14 Severability clause 14.2 Should any of the provisions of these terms and conditions become invalid or become unenforceable, the parties shall be obliged to replace the unenforceable provisions with other enforceable provisions that come as close as possible to the economic success of the unenforceable provisions, so that it can reasonably be assumed that the parties would have concluded the contract with this clause. If such a provision cannot be found, the invalidity or unenforceability of one or more provisions of the contract shall not affect the validity of the contract as a whole, unless the invalid or unenforceable provisions are of such essential importance to the contract that it can reasonably be assumed that the parties would not have concluded the contract without the invalid or unenforceable provisions. The same applies to the existence of a gap in the provisions. 15 Other The contractual relationships between the parties are governed by Swiss law. If the operator commissions a subcontractor to perform services in connection with the operation of sparkjoy, the contractual relationships with this service provider shall be governed by the law applicable at the place of business of the service provider. The language of the contract is German.
- not to disseminate any defamatory, offensive or otherwise illegal material or information via the service
- not to pornographic, youth-endangering, racist, inciting or comparable content
- not to harass or threaten other users or to violate the rights (including personal rights) of third parties
- this applies to pornographic, youth-endangering, racist, inciting or comparable content
- not to introduce material into the system that is protected by copyright protected, unless the user has the rights to do so or the necessary authorisations
- to use the service in a way that negatively affects the availability of offers for other sparkjoy users
- not to intercept e-mails for other users and not to attempt to do so
- not to send chain letters
- not to send messages or e-mails that serve a commercial purpose and/ or URLs
- to refrain from mentioning names, addresses, telephone or fax numbers, messenger addresses, URLs and/or e-mail addresses in any case in order to prevent misuse of his profile data, including the user name, as well as in all messages, guestbook or pinboard entries sent by the user.
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