§ 1 Scope, Updates, Definitions
(1) The Company provides a communication platform with accompanying services (hereinafter: Chat) on the internet at the address "https://beloops.com". These terms and conditions, in their valid version at the time of the conclusion of the contract, apply exclusively to every participant in the Chat and all subdomains belonging to the aforementioned domain, even if the use or access takes place from outside the Federal Republic of Germany. By registering or later logging in as a participant, these terms and conditions are accepted and thus become part of the usage contract, which comes into effect upon confirmation/receipt of the registration by the Company. Deviating general terms and conditions of the participant are not recognized unless the Company expressly agrees to their validity in writing.
(2) A participant within the meaning of these terms and conditions is anyone who uses the Chat mentioned in paragraph 1, particularly the communication and service options offered there.
(3) The Company reserves the right to amend these terms and conditions, especially within the scope of necessary updates. The participant has the opportunity to view the currently applicable version of the terms and conditions on the website at any time. An individual notification of the participant about any changes does not take place. The participant is therefore responsible for taking note of the current terms and conditions before each use of the Chat. Login can only occur after confirmation of the current terms and conditions.
§ 2 Access
(1) The Chat can only be used after registration as a participant. The participant undertakes to fill out the registration form completely and truthfully. If the data provided during registration changes, the participant is obliged to update it immediately and inform the Company of the changes. After successful registration, the participant will be confirmed with the pseudonym and password they have chosen, provided there are no obstacles (particularly inadmissibility or prior assignment). Registration of a pseudonym with offensive or insulting content is not possible. The participant is obliged to keep their access data secret and, in particular, to exclude unauthorized use by third parties. The communication and other services offered in the Chat may only be used for personal use by the participant. The status of a participant in the Chat is personal and non-transferable.
(2) Registration as a participant is free of charge. Each participant may only maintain one pseudonym at a time and use the communication and other services of the Chat with this account. There is no obligation to participate in the Chat after registration. However, the Company has the right to delete an account and its contents (e.g., access data, pseudonym) if it has not been used for more than 180 days and no credit is left. The participant will be informed by email to the last email address provided by them at least one week before the intended deletion; the deletion will take place if the stated conditions are met and the participant does not log in again or oppose the deletion in writing within the aforementioned period. The assigned pseudonym will be released for registration again after deletion. With the deletion of the profile, all data records saved by the participant will also be deleted, provided there is no legal requirement for retention, it is ordered by an authority, or it is required for evidence based on legitimate interests. The contractual relationship ends with the deletion of the participant's account.
(3) The use of the Chat by the participant is only permitted if they have reached the age of 18. By registering for the Chat and confirming these terms and conditions, the participant guarantees that the aforementioned requirements are met in their person. The Company expressly points out that some offers of the Chat may contain content that is not suitable for use by minors. The Company provides a link on the website mentioned in § 1 paragraph 1 for a free filter software download to protect minors from harmful content on the internet.
(4) The Company is entitled, particularly if there are doubts about the accuracy of the information provided during registration, to request proof of the participant's details, especially by presenting official documents, such as an identity card, at any time. The Company is entitled to partially or completely block the participant's access to the Chat until appropriate proof is provided after a request.
§ 3 Participant's Duties, Contractual Penalty
(1) Any use beyond the private use in accordance with § 2 paragraph 1 of these terms and conditions, especially for commercial purposes (e.g., advertising), is prohibited. Prohibited is, in particular, the individual or mass sending of identical or largely identical messages (junk mails, spamming). For each case of culpable violation, the participant undertakes to pay the Company a contractual penalty of €10,000.00 (ten thousand euros). The assertion of further damages is not excluded thereby. This does not involve a reversal of the burden of proof.
(2) The use of data or software that could unlawfully affect the hardware or software of the recipient is prohibited. Any use that could cause data transmission disruption or lead to bodily, property, or financial damage is prohibited. Access to the Chat is only allowed through a web browser or software authorized by the Company.
(3) The participant is not entitled to decompile, modify, translate, disassemble, reverse engineer, or make any other changes or reproductions to the Chat software or parts thereof or have these actions carried out by third parties or develop derivative programs. The elements of the website and the Chat mentioned in § 1 paragraph 1 (especially texts, software, HTML/Java/Flash source codes, photos, videos, graphics, music, sounds, etc.) are protected by copyright. Downloading and using are only permitted for private purposes within the applicable legal provisions and these terms and conditions. Any reproduction, duplication, transmission, commercial use, publication, distribution, or transfer into another data format in electronic or other form is prohibited. The use of computer programs for automatic file reading is also prohibited. The participant may not take any measures to automatically hide any advertisements contained on the website.
(4) It is prohibited to engage in immoral, illegal, or unlawful acts or to have such acts carried out by third parties when using the Chat. In this respect, it is prohibited to send messages or data that contain illegal content or whose content violates good morals. In particular, no content that is criminally relevant, harmful to minors, disorderly, or otherwise illegal or immoral, such as pornographic, racist, extremist, glorifying violence, defamatory, insulting, and/or infringing the personal rights of third parties, may be distributed, offered, or made accessible. Furthermore, the participant may not offer, announce, promote, disclose, or otherwise make accessible opportunities for sexual acts. It is prohibited to threaten or harass others. Promising or demanding money or monetary services is prohibited. Chain letters may not be sent. Goods or services may not be advertised. The dissemination of prohibited content may result in criminal and/or civil prosecution. The Company is entitled and may be required to block or remove such content or the account immediately upon becoming aware of it and - if necessary, after securing evidence - inform the relevant authorities. In particular, if there is a suspicion, the Company is entitled to secure and, if necessary, share the participant's actions and the relevant content. Claims by the participant due to the removal of content or the blocking of access to the content and/or due to the temporary or permanent blocking of the participant are excluded.
(5) It is prohibited to distribute, reproduce, make accessible through links, or otherwise use copyrighted or otherwise protected works or other content (e.g., performing arts, music, literature, software, etc.) through the Chat if the legal requirements for this are not met.
(6) The participant is responsible for the communication content and contributions (e.g., links, images, other files, text content) they create and publish in the Chat. The Company is not obliged to check content for legality before publication or to regularly monitor the Chat for possible prohibited content as defined in these terms and conditions. The participant indemnifies the Company from all third-party claims due to the violation of their rights by the participant's posted prohibited content, including any legal costs. The participant must reimburse the Company for all damages incurred by the Company as a result of third parties asserting claims against the Company for the violation of their rights.
(7) Instructions from the Company or persons working for the Company to maintain order within the Chat must be followed immediately.
(8) The participant is obliged to treat the email addresses and other messages or data of participants that they receive in connection with the use of the Chat confidentially and not make them accessible to third parties without the consent of the rightful owner. The use or forwarding of any data from non-participants is also prohibited.
(9) In the event of a breach of these terms and conditions by the participant, particularly in the case of providing incorrect information during registration or violating participant obligations under § 3 of these terms and conditions, the Company is entitled to exercise its "virtual house right". In particular, the Company is entitled to partially or completely block the affected account, delete parts of a profile without prior consultation, or terminate the usage contract for good cause without notice and permanently exclude the violating participant from participating in the Chat, as well as delete the content they used or contributed in full, provided there is no retention right or obligation.
§ 4 Company's Duties
(1) The Company provides the Chat to the public for private information exchange and private use of the offered communication and other services. The participant has no legal claim to the permanent use of the Chat. In particular, the Company is not obliged to ensure constant availability or accessibility of the service. The Chat may be temporarily unavailable, especially due to maintenance work or technical disruptions, without the participant having any claims against the Company.
However, the Company strives to keep the operation of the Chat as disruption-free as possible and to further develop it according to the participants' needs. The Company does not guarantee the availability and freedom from defects of the Chat. To fully use the Chat and its services, the participant must use current (browser) technologies or enable their use on their computer (e.g., activating JavaScript, cookies, pop-ups). Using older or not commonly used technologies may restrict the participant's ability to use the services.
(2) The Company expressly reserves the right to change, limit, or completely discontinue the offered services at any time. The Company is entitled, but not obliged, to check content posted in the Chat, such as texts, photos, graphics, etc., for compliance with laws or these terms and conditions and, if necessary, take appropriate measures, particularly deleting the respective content without prior consultation. The participant has no legal claim to the publication of their data and content.
(3) The Company respects the participants' privacy and complies with all applicable data protection regulations. Personal data that the Company collects or processes during registration and for the provision of services is used only within the framework of legal provisions. The Company uses the participant's data to provide the Chat services. Furthermore, the Company uses personal data for consulting, advertising, and market research purposes. However, the Company will not pass on or otherwise exploit personal data without the participant's explicit consent. This does not apply if the Company is legally obliged to disclose data or if disclosure or exploitation is necessary to protect the rights of other participants or the Company's rights, to verify compliance with these terms and conditions, or to rectify technical difficulties or maintenance issues. To protect participants and for error control and correction, content data and IP addresses may be stored temporarily. Anonymous statistics about participant data may be created and evaluated for advertising purposes, particularly for placing advertisements, and made available to third parties for demographic purposes. For details, please refer to the privacy policy.
§ 5 Use of the Chat
(1) The Company offers communication and other services in the Chat. The Company enables participants to access the Chat's database system, where participants can get to know each other and communicate about selected topics. Additionally, other services are offered. The Chat is explicitly not intended for marriage/partnership mediation or initiation or the mediation/initiation of sexual contacts. Both free and paid services are offered. The "currency" in the Chat is "Coins". Coins may not be misused as virtual trade goods; in particular, they cannot be sold for money or other monetary services. Certain services require a fee in the form of a certain number of Coins. Before using a paid service, the participant is informed that the service is chargeable and the costs in the form of Coins. The service can be used after paying the specified costs from the participant's account.
(2) The participant has the opportunity to purchase Coins for a fee. These are offered in different gradations and packages. The Company provides various payment services for payment. The participant determines the payment method and the number of Coins to be purchased, which are credited to their participant account after payment. After payment, the purchased amount is credited to the participant's account and can then be used by them.
(3) If the payment by the participant is not correctly made or fails for reasons not attributable to the Company (particularly due to insufficient account coverage, incorrect account data, etc.), no credit will be granted. Any Coins already credited as a result of this transaction will be deleted from the participant's account without further notice. The Company reserves the right to reject a repeat payment on this path, referring to the previously failed transaction. Any costs incurred due to the failure (e.g., bank fees) will be borne by the participant.
(4) The participant is responsible for providing proof of a specific amount of Coins in their participant account. The participant can view the respective account balance in the Chat through their account. The Company secures the account data with appropriate measures that correspond to the current state of the art against loss, particularly through backup systems. However, it is expressly pointed out that it is not possible, according to the current state of technology, to protect hardware and software against any misuse from outside and data loss. An invoice or a receipt for acquired Coin balances will not be issued.
(5) If the participant suspects or has indications that their account is being misused, they must notify the Company in writing immediately. The Company will block the account within 24 hours of receiving the notification. Otherwise, the Company is liable for the loss of any Coin balance to the extent it is responsible for the delay, but only up to a maximum amount of €50. Further liability is referred to in § 7 of these terms and conditions.
(6) Communications from the Company to the participant are either made via corresponding screen masks after login or by email to the last email address provided by the participant. The participant undertakes to continuously retrieve messages sent to the last provided email address and to secure them against misuse.
(7) Communications from participants to the Company must be made by email to the email addresses expressly listed by the Company on the aforementioned website or - particularly if written form is required - by post to the address Dream DDF FZ-LLC, Building No. 16, Dubai Internet City, stating the name and address and the email address and pseudonym provided to the Company.
(8) The participant may create links to other websites or sources. The Company has no control over this and is not responsible or liable for the availability of such external websites or sources, does not adopt content accessible from such websites or sources as its own, and excludes any liability or warranty concerning them unless the Company has positive knowledge of the illegality of the content and does not promptly delete the link. If the Company receives a notice that a link in the Chat leads to an external site where content contrary to these terms and conditions is disseminated by a third party, the Company is entitled to remove the link. The use or linking of copyrighted material by participants is only permitted within the applicable legal provisions and the respective terms of the rights holder or if the participant has been granted separate permission by the rights holder. Participants may not reproduce, duplicate, transmit, distribute, publish, exploit, transfer to another data format in electronic or other form, or otherwise use such material beyond the permissible scope. In particular, it is prohibited to use brand names or trademarks, regardless of whether this is done in the original or modified form or by linking to another domain on the internet, unless there is a usage authorization. If third parties make claims against the Company due to an action/omission by the participant in this regard, the participant indemnifies the Company on first demand from any claim, including any legal costs.
§ 6 Termination of the Contract
(1) The contract is concluded for an indefinite period. The Company is entitled to terminate the usage contract regarding participation with the participant at any time with a notice period of one month. The termination of the Chat under § 4 paragraph 2 of these terms and conditions also leads to the termination of the contract. The participant is entitled to terminate the contract without giving reasons at any time and to deregister. The right to terminate without notice remains unaffected. Termination is made by email or in writing. To prevent misuse by third parties, the participant's termination must contain information for the unambiguous identification of the participant. After the termination of the contract, the participant's stored data record will be deleted, provided that the retention of the data is not ordered by an authority, legally required, or necessary for evidence purposes under § 3 paragraph 4 of these terms and conditions. After deletion, restoring the account is not possible.
(2) If the participant has a paid, unused service claim (Coin balance) at the end of the contract, the corresponding amount in Euro/Cent will be refunded to the participant within three weeks. The period begins with the end of the contract, but no earlier than the receipt of written notification from the participant about the recipient account and submission of an identity proof. The refund is always made only via the payment method used for the participant's original payment. With the naming of the account, the participant must provide proof of identity (e.g., a copy of the identity document). However, a refund of the balance is excluded if the participant was terminated without notice, particularly due to a breach of the terms and conditions (e.g., § 2 paragraph 3 or § 3) and/or their account was blocked or deleted. A claim for a refund is also excluded if the Company has to discontinue the Chat for operational or other reasons. This only applies if the Company informs the participant about the termination in time, no later than two months before the end date, and thereby gives the participant sufficient opportunity to use any existing Coin balance. In this respect, § 4 paragraph 1 of these terms and conditions is referred to.
§ 7 Liability
(1) The Company is not liable for any damages from transmission disruptions, service disruptions, or other disruptions of the Chat if the Company is not responsible for them or if they are due to measures necessary for maintaining or developing the Chat, particularly maintenance work. The same applies if the Company is entitled to discontinue the Chat under these terms and conditions. The Company does not assume any liability for the availability and defect-free nature of the Chat corresponding to the service description. The Company is not liable for disturbances in quality and access due to force majeure or events not attributable to the Company, particularly the failure of communication networks and gateways.
(2) The Company is not liable for unauthorized access by third parties to personal data of the participant, such as by unauthorized access by third parties (hackers) to the database. Furthermore, the Company is not liable for damages resulting from the careless handling of the participant's data or other data of the participant or third parties. Preventing misuse is the participant's responsibility.
(3) In the event of data loss, the Company is only liable for the recovery effort that would have been necessary with proper and regular data backup by the participant if there are liability conditions. The Company is particularly not liable for data loss of the participant's account if the participant has not regularly secured the account status by printing out the balance or otherwise. Reference is made to § 5 paragraph 4 of these terms and conditions.
(4) The Company provides a database where participants can check matches with other participants and communicate with them. The Company merely provides an IT service and does not owe any success, particularly the Company is not liable for the conclusion of contacts in the sense of the participant during the contract term. The Company does not check the accuracy and security of information exchanged between participants or provided in their profiles. Statements and information from people on the internet can be false. The Company can therefore not assume any responsibility for the content, particularly the accuracy and completeness of this information. Liability, for example, for the accuracy of created participant profiles and their evaluation regarding compatibility with other participants, is excluded.
(5) Further individual liability exclusions under these conditions remain unaffected. In particular, the Company is not liable for actions or omissions of participants that are illegal and/or prohibited under these terms and conditions.
(6) If there is a liability reason, the Company is liable to the participant in all cases of contractual and non-contractual liability in case of intent and gross negligence according to the statutory provisions for damages or reimbursement of futile expenses. In other cases - unless explicitly otherwise regulated - the Company is only liable for the violation of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the participant may regularly rely (so-called cardinal obligation), and this is limited to the compensation of the foreseeable and typical damage.
(7) Rights of the participant due to possible guarantees and quality agreements are excluded from the liability exclusions and limitations of these terms and conditions. Claims from the injury of life, body, or health remain unaffected if the Company is responsible for the breach of duty. A breach of duty by the Company is equivalent to that of a legal representative or vicarious agent. Mandatory statutory liabilities, particularly under the Product Liability Act, remain unaffected. In all other cases, the Company's liability is excluded.
(8) The participant indemnifies the Company according to the statutory provisions from liability and from all obligations, expenses, and claims arising from actions or omissions by the participant in the Chat or in connection with the Chat asserted by third parties against the Company.
§ 8 Offset, Right of Retention
The participant can only offset or assert a right of retention against the Company with their claims if these are legally established, undisputed, or expressly acknowledged in writing by the Company
§ 9 Final Provisions
(1) The provider of the Chat services is Dream DDF FZ-LLC, based in Building No. 16, Dubai Internet City. Managing directors authorized to represent the company individually are ..., at the same address.
(2) These general terms and conditions and the legal relationships between the participant and the Company are governed by the law of the Federal Republic of Germany, excluding German conflict of laws. The applicability of mandatory norms of the state in which the participant has their habitual residence at the time of the conclusion of the contract remains unaffected.
(3) The possible invalidity of individual provisions of these conditions does not affect the validity of the conditions in their remaining parts. The parties agree that an invalid provision is to be replaced by a valid provision that most closely approximates the economic purpose of the invalid provision in a permissible manner. The same applies if a regulatory gap becomes apparent.
(4) Dispute Resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court resolution of disputes concerning contractual obligations arising from online contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. The Company is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 10 Withdrawal Policy
1. Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Dream DDF FZ-LLC, Building No. 16, Dubai Internet City, eMail:support@beloops.com) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill out and submit the model withdrawal form or any other clear statement on our website. If you use this option, we will communicate to you an acknowledgment of receipt of such withdrawal without delay (e.g., by email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
2. Effects of Withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
3. Special Notice Regarding the Early Expiration of the Right of Withdrawal
The right of withdrawal expires for a contract for the provision of services if the service has been fully performed and the performance has begun with your prior express consent and acknowledgment that you will lose your right of withdrawal once the contract has been fully performed.
End of Withdrawal Policy.