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General terms of use for the Online-Service Jappy - 23.02.2012 - 03:54
1. Preamble
Welcome to Jappy!
We are delighted about your interest. Jappy GmbH operates, among others, via the URL jappy.de, jappy.com, jappy.at, jappy.net, jappy.ag or jappy.tv the since 2001 existing free Internet-Community Jappy (subsequent Jappy).
All users 14 years of age and over can register under a pseudonym (nick-name) and after registration on our site, know new and interesting people, meet old friends, create a personal profile and exchange with other users.
Briefly speaking: Jappy serves for the communication and self-expression to you and your friends.
2. Scope of application
The following terms of use regulates the relationship between Jappy GmbH as operator of Jappy and the users of Jappy. The terms of use applies to the entire use of Jappy (including the profile design, for using all functions and for communication with other users), as long as it is not explicitly regulated different within the terms of use or in separate domains of Jappy.
By registration at Jappy/use of Jappy user agrees formally to the general terms of use.
To complete registration the user has to agree to the terms of use and the privacy policy regulations via an active confirmation.
3. Registration of a profile
To create a profile (hence, for the use of Jappy), registration is necessary. When registering you choose a member name (pseudonym), enter your e-mail address, an access pass-word, gender, date of birth, country and domicile. After a successful registration a user relationship between Jappy and you is being achieved. There is no demand for registration. Jappy is allowed to deny registration without giving reasons.
3.1 Member name (pseudonym)
Registration on Jappy ensues applying of a free selectable pseudonym (nickname). Each nick is only assigned once in the specific spelling. The use of a nick, which not (or just partly) contains your real name, serves to the principal of data economy and therefore to your data protection.
We reserve the right to change the nick or to block the profile if it contains indecent elements, if it offenses against youth protection or if it possibly infringes third-party rights in parts, etc.
Examples for such misuse are among others:
Beyond your pseudonym you can also quote your real name. Nobody has to quote the real name, but if you quote one, it has to be actually your real name. “Funny fancy names” as supposed real names causes needless expenses, the quotation of a foreign name infringes possibly the personal rights of the mentioned.
In the privacy sphere you decide at any time on yourself about your settings, for example who shall see your name in the profile or in the friends-list and whether your profile can be found by your real name. The advantage of quoting your real name can be among others, to ease to be founded by your friends and that an improved protection against faker-profiles will develop. A disadvantage is, among others, that a part of anonymity can get lost. The real name can not be changed optionally..
3.2 E-mail address for verification
For a (minimal) verification of your registration Jappy sends prompt an e-mail to your quoted e-mail address (an e-mail address can only be used for one profile). This e-mail contents an activation link. By affirming the link you can use the profile to communicate with other profiles, too.
3.3 Minimum age
Registration at Jappy is only permitted up the minimum age of 14!
Jappy considers, that user under the age of 14 are not yet able to assess the risk, associated with the utilization. Hence, the minimum age is used for youth protection. Should Jappy any doubts whether you already reached the minimum age, we may request an evident age. In cases of doubt Jappy may block or delete the profile.
3.4 Compulsory statements gender, date of birth and domicile upon registration and further voluntary details after closing registration
Various data protection experts advices user to give as few real data as possible. Unfortunately this exists in tension to the youth protection, the minimum age and to the wishes of many users to know at least in basics who they are communicating with. Therefore Jappy decides as follows, which you accept:
3.5 Registration of one profile per person
Each user may only create one profile. The profile may only be used by the creator. By registering you assure that you do not use another profile at Jappy, that no further profile from you is registered at Jappy, that your profile is not blocked currently and that in the past no virtual banned has been spoken out against you. Profile are not transferable.
3.6 People who are allowed to define profiles at Jappy
You may register only if you are a natural person and at least 14 years old. To create commercial profiles – as defining a company profile - is expressly forbidden. Profiles at Jappy are for personal purposes. Private persons may, however, create a commercial group (see groups 5.6).
Registration of profiles, created for deception of other users, for harassment, for Spam etc., is expressly forbidden.
3.7 Free of charge use of Jappy
The utilization of Jappy is free of charge. No fees or other costs will have to be paid (there are no hidden fees either). Of course your internet costs are excepted, as your costs for a mobile provider as by mobile usage or usage of special phone numbers of the phone hotline etc. Conversely to free of charge you accept that we are financing via advertising display of third party suppliers and you accept advertising contents displays. There is no demand on partly or complete masking of these contents.
3.8 Access data
On registration user enter a password. In addition you answer a security issue. It is not permitted to allow the utilization of Jappy on using your data for third parties.
You are obliged to keep your password and the answer of the security issue in confident, to not share them with third parties or to use the password with each other. Should you inform other persons about your password or the answer of the security issue you must change them without delay.
Inform us via hotline@jappy.de or datenschutz@jappy.de. If you should become aware of third parties using your profile unlawfully. The more accurate your information (the exact time of usage by a third party, who could that be etc.), the better we are able to help you. Please keep in mind that many user inform a good friend voluntarily about their password and are surprised, after finishing the friendship, if their profile is used unlawfully by them. Nevertheless you are responsible for the usage of your access data, as for actions and declarations placed unlawfully via your profile. If usage of profile via third parties is suspected Jappy has the right to block or to delete your profile.
4. Use of network at Jappy
4.1 Features for use
The purposes of Jappy are communication and self-expression for you and your friends. At Jappy you can care about existing friendships and and make new friends. In your profile you can present yourself to many other user or to join together and to communicate in groups. For implementation Jappy offers a lot of useful functions. Here a selection (not conclusive):
4.2 Availability of use
There is no claim at all to a permanent availability on Jappy. Server failures, maintenance etc. are to be accepted by the user at any time. Of course we try to achieve a permanent availability, if possible. Even a 100% data security of saved member data on our server can not be guaranteed for technical reasons, because it depends on too many factors. Jappy is not be held liable for the loss of data.
4.3 Termination of use
The service can be cancelled reciprocally without giving any reasons.
Profiles can be cancelled by the profile owner at any time. Deletion will follow after 24 hours. If we should lock the profile (at the request of the profile owner or due to a breach of the rules of use), deletion will follow after 14 days. In case of month-long inactivity Jappy has the right to delete the inactive profile.
After cancelling all data stated in your profile and all data we saved on your profile (as passwords, your picture gallery, your guest book etc.) are finally deleted.
All activities apart from your profile (such as guest book entries to other user, picture comments to other user, presents to other user, group-entries) are specifically excluded from deletion since we are not able to intervene in other profiles. Just the choosen pseudonym before cancelling is to recognize, no real name and no profile picture etc. Deletion of the user profile due to termination cannot be undone.
Termination can be issued in writing is to submit to Jappy GmbH, Stettiner Straße 1b, 93073 Neustraubling or via the fee required Support-Hotline. In such cases for detection the security issue has to be answered.
5. Rights and obligations with the use of Jappy
5.1 Responsibility for contents
Jappy supplies “infrastructure” for communication and is therefore Host-Provider. Each user is responsible for all inserted, created and produced contents (among others texts, picture data, mails, guest book entries, images, embedded links, links etc.) on his profile. Therefore it is your responsibility to save, make them available or to distribute no contents at Jappy which infringes the law (even youth protection act) or infringes any third-party rights (particularly copyrights and personal rights). Partially it is necessary to adapt your inserted contents (particularly picture data) in format (gallery pictures get a “frame”, for example) or in definition of images. In this way Jappy does not consider the contents to be its own.
You should be aware that you possibly develop your inserted contents to a large number of people and on the basis of the easy handling of storage and duplication possibilities of the medium “Internet” once set contents, in spite of deletion, cannot simply be “captured”.
5.2 Not permitted contents on Jappy
At Jappy you have to comply with the applicable laws! Beyond the applicable laws good manners and common decency of the general population is to be considered. User always have to consider youth protection, since there are even youth user registered at Jappy and that there does not exists a save and useful 100% age verification possibility. Jappy is free to block/delete, when assessing, questionable contents or to block/delete the responsible profile in any case of doubts.
For certain areas Jappy reserve the right to select stricter rules than required by law. These are listed either within the regulations of use or in the affected area on the Internet website.
Each user undertakes not to use Jappy improperly. The following utilization (no matter whether creation, storage, public making available, distribution of or linking to corresponding contents) is always improperly and therefore prohibited, whereby it is not an exhaustive list:
5.3 No violation of third party rights
The user ensures and hereby expressly declares that he is entitled for the rights of use for all contents inserted and that any rights of third parties (industrial property rights, copyrights, personal rights and related rights) are not impaired.
Published and inserted images, which provide not only the user but also other people is only be made with approval of the person concerned. Even marking the image of a person with its nickname is only prohibited with agreement. The picture data can be deleted by the inserting person, a signing by the inserting and the signed person at any time.
In the event of infringement of the rights of third parties Jappy is free to delete the content in question and/or block/delete the responsible profile.
5.4 No advertising, Spam or any harassment of other user
Utilization of profiles is only made for private purposes. Without permission of Jappy any advertising – no matter in which form – is forbidden. Only groups (see groups 5.6) may also have commercial contents. Therefore spreading of any commercial contents in your overall communications with other users via mail, guest book entries, ticker, comments, links etc., has to remain undone. Therefore every utilization of personal data from other users as the name, pictures, phone numbers, address data, e-mail addresses is only permitted with their full knowledge and commercial utilization is strictly forbidden. Competitors´ products advertising is not permitted.
Also any other kind of unreasonable inconvenience caused against other users is forbidden, whereby prohibition of any kind of Spam (massively unsolicited electronic messages), chain letters, snowball systems, hoaxes, recruitment etc., is expressly pointed out.
Organizing private conflicts (even via allusions) on the public area is prohibited. If a user refuses a contact to another user and do express it via ignore-list, it may not be circumvented. Damage of reputation, respectively slander against others, spreading of false information, respectively untruths, stirring up against others etc., also via subliminal allusions is prohibited. Insults, discrimination, threats, flaming, dissing, mobs to rival groups and similar actions are to remain undone. This also includes subliminal messages where it their seriousness is considered.
5.5 No third party software when using Jappy, no malware
The use of software like auto-reloader, link checker, automation scripts or scripts reading others etc. is prohibited without the expressly permission of Jappy. In this respect the inserting of computer for automatic readout of data as Crawler (alias Spider or Robot, briefly: Bot) is prohibited.
The publication/accessibility of links or contents, in order to avoid computer safety, is prohibited. For example sites, which are capable to crash the browser and/or the computer completely when activating them via specific mechanisms. Any actions impairing safety of Jappy and/or users are prohibited. This includes for example hacker attacks, flooding, phishing, utilization or spreading of viruses, worms or Trojans, brute-force attacks, DoS attacks on the server, to exploit possible security breaches, develop and/or passing on personal information, the trespassing of not freely accessible areas, purchasing and/or transmission of personal data, attacks against moderators or administrators, the unauthorized use and/or transmission of foreign profiles and foreign profile data, respective, as far as all actions similarity to all the above mentioned.
5.6 Creation and participation of groups
Jappy offers a group-system (or com-system). The group-system offers the possibility to found an own group or to join other groups for you and your friends. You can connect each other with like-minded or discuss with others, start a poll or just invite friends to your group and to allow others to participate.
Groups can be created in different categories, each group-name is only assigned once. The first a group-founder is automatically the group-leader. The group-leader determines the settings, who may join and for whom the contents are visible. Furthermore the leader has got different licenses for the group-management and defines at its own discretion so called group-officer to support leader in the group-moderation. The leader can distribute licenses for group-managing to the officer. These licenses continue among others the member administration of the group, waiting list processing in a private group, presentation processing from the Group, setting of “News” in the group. (as far as news processing and deletion of illegal comments) and the forum management in the group (like deleting entries, move and delete or work on subjects, manage categories etc.). Group-leader and group-officer are not official moderators of the Jappy-team.
In the use of groups the rules of use are valid (and the specified rights and duties) without limitations as long as nothing else has been defined concerning the groups of Jappy.
For the contents in the groups at first the user is responsible who posted the content. The group-leader is responsible for contents (as the presentation text) which cannot directly be attributed to a user. The group-leader and the officer have to stop clear breaches against the rules of use or even against law, as long as it is reasonable. With knowledge such offenses shall be immediately removed from the group and appropriate measures to avoid similar offenses are to be taken.
Jappy reserves the right to delete or to block groups on self-caused or within the groups caused offenses. Members may not leave the groups after blocking within the blocking period. After 14 days the group will be deleted automatically and is furthermore not evident on your groups-list. Jappy can also ask the group-leader to make changes or delete parts of the group at any time. Jappy can require or prohibit the changing of names. In groups without a leader a deleting process is activated and leads automatically to deletion after 6 weeks if there is no new leader found within that time. Jappy can also delete totally inactive or “empty” groups to increase the quality of the group-systems. Jappy reserves the right to publish statistics concerning the groups in its sole discretion.
Groups can (in contrast to the profiles) also have commercial contents and corporate advertising (per infos, texts, pictures, reports etc.), as long as it is not the case of offense against law or the rules of use. In Groups any kind of Spam is, however, prohibited.
You are able to promote groups via link in your profile text or via ticker, advertising for a group via Spam in guest books, mails etc. is, however, expressly forbidden.
Promotion of competing products – even on the group-system - with Jappy are forbidden.
5.7 Profile picture and general picture rules
When inserting picture data of any sort, laws (in particular youth protection regulations, copyright and personal right laws) and the rules of use should be noted. Picture data are uploaded on the server of Jappy. Jappy reserves the right to adapt image formats, to frame them or to delete them on own server. Jappy do expressly not make picture data its own.
The profile picture is not only posted in the profile (it certainly always depends on your settings in the privacy sphere), but is also on view for other user at interacting with your profile (for your comments on other profiles, guest book entries, send e-mails etc) and in the profile picture rotation. Therefore a “good” image is not only a “flagship” for your own profile, but also for Jappy.
For this reason Jappy tries to check uploaded profile pictures in advance, as far as it is temporally possible and reasonable, and unlock them manually or refuse them if an offense is possibly given. No one has to upload a profile picture but if so, it has to show always the profile creator himself (in the case of offenses against this basic rule there is otherwise a risk of offense against foreign personal rights). Fun pictures (caricatures, extremely reworked pictures, comic figures, avatars, animals etc.) are not accepted. Further special rules of profile pictures as follows:
Shots of Profile pictures are to vote as soon as possible. Such children´s pictures of users are not accepted as profile pictures. Furthermore profile pictures where you are not discernible, not matter if suggesting a poor image resolution or just a small part of your face is to be seen, will be refused. If there a several persons on the picture you have to signify yourself on it. Upside down or turned profile pictures are refused, unless you choosed that perspective deliberately and recognizable for Jappy. A picture may not contain weapons, illegal drugs, offensive or discriminating gestures and may not be aggressive or threatening. On profile pictures also flags or political contents may not be paramount. User under 18 may not show tobacco or alcohol consumption on the profile picture. Sexual characteristics must not be seen in profile pictures, but also bare breasts of women, rump, sexual acts/hints must not be seen. Just profile pictures of minors should dress appropriately.
There is no demand on activation of a profile picture. Furthermore Jappy reserves the right to delete pictures subsequently if they offense against any above mentioned rule or if they are otherwise classified improperly.
Refused profile pictures are automatically saved for another week. For that reason wrongly refused pictures can be unlocked subsequently.
6. Rights of Jappy
6.1 Experience, ranking- , cup- and credit-system
Jappy has an intern ranking-, cup- and credit-system, experience points are given. User receive symbolic ranks, credits and cups, dependent on different factors. The exact calculation of all systems is secret. Dependent on the ranking we take into account a specified credit amount to the user. Credits are a kind of internal “means of payment” in order to lock additional own features or to distribute via the own profile virtual presents or emotions to others. We wish to point out that there is no demand on receipt of a certain cup, respective, ranking or a certain amount of credits.
6.2 No transmitting of profile, no multiple profiles
Profiles are non-transferable. A profile may not to be offered for sale or to trade. Any breach thereof leads to a constant lock of the profile. Should we find more profiles which are assigned to one and the same person we will lock them constantly, in case of repetition we will lock even the main profile.
6.3 Products basing and derived on Jappy
Jappy GmbH reserves the right on creating products, based and derived on Jappy. No one has the right to sale contents from Jappy, except for Jappy. Neither it is permitted to buy a profile or to trade, nor to buy, sell or to trade virtual goods (as presents, emotions, credits etc.) or virtual services (as to write guest book entries, to foster a “Christmas tree”), used on Jappy, to buy, sell or to trade real currency (money).
6.4 Obligations and control rights, further rights
All contents posted by the users are not basically proactive controlled by Jappy. Actually such control is not really possible and without concrete indications to a legal offense not reasonable. However, Jappy reserves the right (without being obligated to) to control contents like guest books, friends lists, profile texts, ticker, groups etc., and in the suspected case of use against the rules of use even non-public areas as galleries, “my site”, private groups, present lists etc. In the event of positive knowledge on violation of rights by contents of user/by linking, Jappy will remove that contents/links within a reasonable time and will take possible and reasonable precaution to prevent identical infringement for the future.
There is no legal right of membership at Jappy. Moderators and administrators can make the full use of the valid house right at any time. Jappy has the right to delete contents forthwith completely or partially, if they offense against rules of use or threatened infringement by those.
After deleting, respectively, blocking a user (no matter at a request or due to breach of the rules) is no right at all to deletion of inserted guest book entries, Jappy mails, comments, groups, group-entries or others not self-inserted contents on the profile. During utilization the user can save a number of contents extern on his profile (as one´s own post-box). After completion the user does not contain any claim on issuance or other transfer of one´s own inserted contents. Also friends lists or contact management cannot be exported then.
6.5 Commercial third-party offers
Third-parties advertise their products and services in respective shared areas on Jappy. This advertising is noted as such and takes place by so-called hyper links. Insofar as user contract with third-parties on the basis of such offers the contractual relationship takes only part with the user and the third-party company and under no circumstances with Jappy.
7. Consequences of violation
Jappy only functions as a community if the users abide by applicable laws, youth protection, morality and the general terms of use. Jappy reserves the right at specific indications of offenses to block temporally or to delete completely individual contents or even the whole profile of the responsible user. In the case of sanctions Jappy endeavors to take legitimate interests of the user into account. Administrators and moderators have discretionary power of the choice of sanctions. Site intern sanctions can be warning up to permanent lock/deletion with a virtual ban on entering the house. In the case of locking the users´ access to its profile is denied. During the locking device it is forbidden to create another profile.
8. Indemnification by the user
Jappy is released from all exercised demands of third-parties on the basis of infringement of the user, if it involves infringement against legal regulations, third-party rights or against the terms of use. The user will bear the costs of any reasonable legal defense of Jappy. The foregoing does not affect any further damage claims available to Jappy against the user. That obligation of the user do not apply if the user is not responsible for the offense concerned.
9. Data protection
The collection, processing and utilization of your data by Jappy complies with legal data regulations and the privacy policy to be agreed on utilization. To access also your own data to others is a key feature of any community. In your privacy sphere setting you specify what those are.
Jappy would like to stress expressly that all contents published at Jappy – depending on the settings of your privacy sphere – is available to a wider public and – also depending on the settings of your privacy sphere – can be displayed by search engines like google.
Each user has to take precaution themselves for the safety of all entered or saved contents. Jappy assumes no liability for any accidental data loss. Unfortunately a 100% data protection on the Internet against unauthorized and illegal access is not possible. In Jappys´ experience in most cases the “weak point” is the used computer. Jappy takes all reasonable and potential precaution against illegal accesses of data on the server of Jappy. Liability of such unauthorized access is excluded.
10. Jappy liability
Jappy shall no be liable to inserted contents of users or of third-parties. Jappy not assume any liability for possible misuse of the inserted contents of the user by other users or third-parties. Jappy is not liable to technical transmission delays or disruptions.
For damages arising as a result of injury to life, limb or health, damage caused by the willful or negligent breach of duty and for other damages caused by any willful or grossly negligent breach of duty, Jappy is liable to users in accordance with the relevant statutory provisions. In addition, Jappy is liable for damage covered by mandatory statutory provisions such as the German Product Liability Act (Produkthaftungsgesetz).
If the liability of Jappy is excluded or limited this also applies to employees, representatives and assistants.
11. Changes to the terms of use
Jappy reserves the right to change the terms of use at any time (without stating reason).
11.1 Alteration impairs
In the case of changing of the terms of use through which the interests of the user may be affected, Jappy inform each user per mail two weeks before the enforcement. Unless the user rejects the new terms within two weeks of notification per mail, then the user shall to be deemed to have accepted. The period and their meaning is mentioned. If the user rejects within the period, Jappy has the right to terminate the user relationship ordinary under exclusion of any claims of damage within a period of 14 days and to delete all data saved on the profile of the user.
11.2 Substantial changes
If substantial changes in the terms of use are carried out, Jappy will make a further utilization depend on a prior permission of the new terms per Opt-in solution.
11.3 Insubstantial changes
Jappy is developed constantly and subject to permanent changes. Changes are almost always made in the background without Jappy starting a new basic version. Frequently, in the event of changes, a feature is being added or an old feature is being cancelled. Jappy will supply relevant information. Also changes affecting the terms of use will be reported and the corresponding passage will be cancelled or is inserted into the terms of use and supplies a relationship continuation to the changed conditions. The immediate right to cancel remains unaffected.
12. Applicable right
The general terms and conditions and the contractual relationship between Jappy and the user are governed exclusively by the material laws of the Federal Republic of Germany, excluding the UN-Convention of Contracts (CISG) and the Private International Law regulations. However, this choice of law applies to consumers only to the extent that it does not deprive them of the protection afforded to them by the mandatory legal provisions applicable in the country in which the consumer is ordinarily domiciled.
These terms are an English translation of the German Terms of Use for the Online-Service of Jappy. All due care has been taken to translate the German General Terms of Use for the Online-Service of Jappy from German to English. If despite of all care, there should be an inconsistency between the German and the English text, the German General Terms of Use for the Online-Service of Jappy prevail.
Druckversion
Welcome to Jappy!
We are delighted about your interest. Jappy GmbH operates, among others, via the URL jappy.de, jappy.com, jappy.at, jappy.net, jappy.ag or jappy.tv the since 2001 existing free Internet-Community Jappy (subsequent Jappy).
All users 14 years of age and over can register under a pseudonym (nick-name) and after registration on our site, know new and interesting people, meet old friends, create a personal profile and exchange with other users.
Briefly speaking: Jappy serves for the communication and self-expression to you and your friends.
2. Scope of application
The following terms of use regulates the relationship between Jappy GmbH as operator of Jappy and the users of Jappy. The terms of use applies to the entire use of Jappy (including the profile design, for using all functions and for communication with other users), as long as it is not explicitly regulated different within the terms of use or in separate domains of Jappy.
By registration at Jappy/use of Jappy user agrees formally to the general terms of use.
To complete registration the user has to agree to the terms of use and the privacy policy regulations via an active confirmation.
3. Registration of a profile
To create a profile (hence, for the use of Jappy), registration is necessary. When registering you choose a member name (pseudonym), enter your e-mail address, an access pass-word, gender, date of birth, country and domicile. After a successful registration a user relationship between Jappy and you is being achieved. There is no demand for registration. Jappy is allowed to deny registration without giving reasons.
3.1 Member name (pseudonym)
Registration on Jappy ensues applying of a free selectable pseudonym (nickname). Each nick is only assigned once in the specific spelling. The use of a nick, which not (or just partly) contains your real name, serves to the principal of data economy and therefore to your data protection.
We reserve the right to change the nick or to block the profile if it contains indecent elements, if it offenses against youth protection or if it possibly infringes third-party rights in parts, etc.
Examples for such misuse are among others:
- pornographic respectively sexist elements
- discriminating elements
- brand and company names
- political declarations (especially extremist sentiments)
Beyond your pseudonym you can also quote your real name. Nobody has to quote the real name, but if you quote one, it has to be actually your real name. “Funny fancy names” as supposed real names causes needless expenses, the quotation of a foreign name infringes possibly the personal rights of the mentioned.
In the privacy sphere you decide at any time on yourself about your settings, for example who shall see your name in the profile or in the friends-list and whether your profile can be found by your real name. The advantage of quoting your real name can be among others, to ease to be founded by your friends and that an improved protection against faker-profiles will develop. A disadvantage is, among others, that a part of anonymity can get lost. The real name can not be changed optionally..
3.2 E-mail address for verification
For a (minimal) verification of your registration Jappy sends prompt an e-mail to your quoted e-mail address (an e-mail address can only be used for one profile). This e-mail contents an activation link. By affirming the link you can use the profile to communicate with other profiles, too.
3.3 Minimum age
Registration at Jappy is only permitted up the minimum age of 14!
Jappy considers, that user under the age of 14 are not yet able to assess the risk, associated with the utilization. Hence, the minimum age is used for youth protection. Should Jappy any doubts whether you already reached the minimum age, we may request an evident age. In cases of doubt Jappy may block or delete the profile.
3.4 Compulsory statements gender, date of birth and domicile upon registration and further voluntary details after closing registration
Various data protection experts advices user to give as few real data as possible. Unfortunately this exists in tension to the youth protection, the minimum age and to the wishes of many users to know at least in basics who they are communicating with. Therefore Jappy decides as follows, which you accept:
- You have to enter true data concerning your gender.
- You have to enter true data concerning your date of birth.
- You can make true statements on your domicile. You can determine visibility for other user via your privacy sphere. Advantage on true statements: it will ease communication with persons from the region. Disadvantage on true statements: a part of anonymity gets lost.
- In order of the true name (see 3.1) and the profile picture (see 5.7) no user have to upload the name or a profile picture. But if you take that advantage you have to indicate also your true name, respectively, to upload a picture which actually indicates you.
3.5 Registration of one profile per person
Each user may only create one profile. The profile may only be used by the creator. By registering you assure that you do not use another profile at Jappy, that no further profile from you is registered at Jappy, that your profile is not blocked currently and that in the past no virtual banned has been spoken out against you. Profile are not transferable.
3.6 People who are allowed to define profiles at Jappy
You may register only if you are a natural person and at least 14 years old. To create commercial profiles – as defining a company profile - is expressly forbidden. Profiles at Jappy are for personal purposes. Private persons may, however, create a commercial group (see groups 5.6).
Registration of profiles, created for deception of other users, for harassment, for Spam etc., is expressly forbidden.
3.7 Free of charge use of Jappy
The utilization of Jappy is free of charge. No fees or other costs will have to be paid (there are no hidden fees either). Of course your internet costs are excepted, as your costs for a mobile provider as by mobile usage or usage of special phone numbers of the phone hotline etc. Conversely to free of charge you accept that we are financing via advertising display of third party suppliers and you accept advertising contents displays. There is no demand on partly or complete masking of these contents.
3.8 Access data
On registration user enter a password. In addition you answer a security issue. It is not permitted to allow the utilization of Jappy on using your data for third parties.
You are obliged to keep your password and the answer of the security issue in confident, to not share them with third parties or to use the password with each other. Should you inform other persons about your password or the answer of the security issue you must change them without delay.
Inform us via hotline@jappy.de or datenschutz@jappy.de. If you should become aware of third parties using your profile unlawfully. The more accurate your information (the exact time of usage by a third party, who could that be etc.), the better we are able to help you. Please keep in mind that many user inform a good friend voluntarily about their password and are surprised, after finishing the friendship, if their profile is used unlawfully by them. Nevertheless you are responsible for the usage of your access data, as for actions and declarations placed unlawfully via your profile. If usage of profile via third parties is suspected Jappy has the right to block or to delete your profile.
4. Use of network at Jappy
4.1 Features for use
The purposes of Jappy are communication and self-expression for you and your friends. At Jappy you can care about existing friendships and and make new friends. In your profile you can present yourself to many other user or to join together and to communicate in groups. For implementation Jappy offers a lot of useful functions. Here a selection (not conclusive):
- mail system
- guest book
- picture gallery
- presents
- emotions
- profile image
- “my” site
- ticker
- games
- ranking
- credits
- “about me” items
- contact management
- friendship admin
- welcome text
- comments
- search
- groups
- scheduling
- mobile version
4.2 Availability of use
There is no claim at all to a permanent availability on Jappy. Server failures, maintenance etc. are to be accepted by the user at any time. Of course we try to achieve a permanent availability, if possible. Even a 100% data security of saved member data on our server can not be guaranteed for technical reasons, because it depends on too many factors. Jappy is not be held liable for the loss of data.
4.3 Termination of use
The service can be cancelled reciprocally without giving any reasons.
Profiles can be cancelled by the profile owner at any time. Deletion will follow after 24 hours. If we should lock the profile (at the request of the profile owner or due to a breach of the rules of use), deletion will follow after 14 days. In case of month-long inactivity Jappy has the right to delete the inactive profile.
After cancelling all data stated in your profile and all data we saved on your profile (as passwords, your picture gallery, your guest book etc.) are finally deleted.
All activities apart from your profile (such as guest book entries to other user, picture comments to other user, presents to other user, group-entries) are specifically excluded from deletion since we are not able to intervene in other profiles. Just the choosen pseudonym before cancelling is to recognize, no real name and no profile picture etc. Deletion of the user profile due to termination cannot be undone.
Termination can be issued in writing is to submit to Jappy GmbH, Stettiner Straße 1b, 93073 Neustraubling or via the fee required Support-Hotline. In such cases for detection the security issue has to be answered.
5. Rights and obligations with the use of Jappy
5.1 Responsibility for contents
Jappy supplies “infrastructure” for communication and is therefore Host-Provider. Each user is responsible for all inserted, created and produced contents (among others texts, picture data, mails, guest book entries, images, embedded links, links etc.) on his profile. Therefore it is your responsibility to save, make them available or to distribute no contents at Jappy which infringes the law (even youth protection act) or infringes any third-party rights (particularly copyrights and personal rights). Partially it is necessary to adapt your inserted contents (particularly picture data) in format (gallery pictures get a “frame”, for example) or in definition of images. In this way Jappy does not consider the contents to be its own.
You should be aware that you possibly develop your inserted contents to a large number of people and on the basis of the easy handling of storage and duplication possibilities of the medium “Internet” once set contents, in spite of deletion, cannot simply be “captured”.
5.2 Not permitted contents on Jappy
At Jappy you have to comply with the applicable laws! Beyond the applicable laws good manners and common decency of the general population is to be considered. User always have to consider youth protection, since there are even youth user registered at Jappy and that there does not exists a save and useful 100% age verification possibility. Jappy is free to block/delete, when assessing, questionable contents or to block/delete the responsible profile in any case of doubts.
For certain areas Jappy reserve the right to select stricter rules than required by law. These are listed either within the regulations of use or in the affected area on the Internet website.
Each user undertakes not to use Jappy improperly. The following utilization (no matter whether creation, storage, public making available, distribution of or linking to corresponding contents) is always improperly and therefore prohibited, whereby it is not an exhaustive list:
- All pornographic, youth erotic or even child erotic contents are prohibited. But also obscene or explicit erotic oriented contents are prohibited (for example a profile, “only” searching for a sex partner or mails containing sexual matters).
- Any form of cyber-bullying or stalking is prohibited. Profiles, created or used for deceit, harassment, insult , slander etc. of other users are prohibited. Data (as the real name, pseudonym, phone number, fax number, address data, e-mail address, picture data etc.) of other persons or personal messages of other persons may not be spread without any prior express consent of each person. If appropriate use is suspected, possibly even of your own data, Jappy is entitled to delete respective contents or to block/delete the profile.
- Prohibited are contents which contradict against youth protection. In order to determine such contents § 4 (illegal offers) and § 5 (offers harmful to the development) of the German Treaty Commission for the protection of youth in the media is used.
- Violence of human dignity is prohibited as far as displaying violence, threatening (including weapon pictures) or war promoting contents, glorifying of drugs or invitation/guidance to crime offenses.
- All people regardless of their origin, gender, nationality or social background shall communicate with each other at Jappy. However, radical, extremist or discriminating contents (no matter whether political, religious or ideological) are prohibited. This prohibition especially contains the utilization of symbols, signs or number codes, even if the contents are not yet punishable.
- Spreading of political propaganda is prohibited. Sedition (inclusive minimization of the Holocaust) is strictly forbidden.
- Spreading of right-wing or left-wing sentiments is forbidden.
5.3 No violation of third party rights
The user ensures and hereby expressly declares that he is entitled for the rights of use for all contents inserted and that any rights of third parties (industrial property rights, copyrights, personal rights and related rights) are not impaired.
Published and inserted images, which provide not only the user but also other people is only be made with approval of the person concerned. Even marking the image of a person with its nickname is only prohibited with agreement. The picture data can be deleted by the inserting person, a signing by the inserting and the signed person at any time.
In the event of infringement of the rights of third parties Jappy is free to delete the content in question and/or block/delete the responsible profile.
5.4 No advertising, Spam or any harassment of other user
Utilization of profiles is only made for private purposes. Without permission of Jappy any advertising – no matter in which form – is forbidden. Only groups (see groups 5.6) may also have commercial contents. Therefore spreading of any commercial contents in your overall communications with other users via mail, guest book entries, ticker, comments, links etc., has to remain undone. Therefore every utilization of personal data from other users as the name, pictures, phone numbers, address data, e-mail addresses is only permitted with their full knowledge and commercial utilization is strictly forbidden. Competitors´ products advertising is not permitted.
Also any other kind of unreasonable inconvenience caused against other users is forbidden, whereby prohibition of any kind of Spam (massively unsolicited electronic messages), chain letters, snowball systems, hoaxes, recruitment etc., is expressly pointed out.
Organizing private conflicts (even via allusions) on the public area is prohibited. If a user refuses a contact to another user and do express it via ignore-list, it may not be circumvented. Damage of reputation, respectively slander against others, spreading of false information, respectively untruths, stirring up against others etc., also via subliminal allusions is prohibited. Insults, discrimination, threats, flaming, dissing, mobs to rival groups and similar actions are to remain undone. This also includes subliminal messages where it their seriousness is considered.
5.5 No third party software when using Jappy, no malware
The use of software like auto-reloader, link checker, automation scripts or scripts reading others etc. is prohibited without the expressly permission of Jappy. In this respect the inserting of computer for automatic readout of data as Crawler (alias Spider or Robot, briefly: Bot) is prohibited.
The publication/accessibility of links or contents, in order to avoid computer safety, is prohibited. For example sites, which are capable to crash the browser and/or the computer completely when activating them via specific mechanisms. Any actions impairing safety of Jappy and/or users are prohibited. This includes for example hacker attacks, flooding, phishing, utilization or spreading of viruses, worms or Trojans, brute-force attacks, DoS attacks on the server, to exploit possible security breaches, develop and/or passing on personal information, the trespassing of not freely accessible areas, purchasing and/or transmission of personal data, attacks against moderators or administrators, the unauthorized use and/or transmission of foreign profiles and foreign profile data, respective, as far as all actions similarity to all the above mentioned.
5.6 Creation and participation of groups
Jappy offers a group-system (or com-system). The group-system offers the possibility to found an own group or to join other groups for you and your friends. You can connect each other with like-minded or discuss with others, start a poll or just invite friends to your group and to allow others to participate.
Groups can be created in different categories, each group-name is only assigned once. The first a group-founder is automatically the group-leader. The group-leader determines the settings, who may join and for whom the contents are visible. Furthermore the leader has got different licenses for the group-management and defines at its own discretion so called group-officer to support leader in the group-moderation. The leader can distribute licenses for group-managing to the officer. These licenses continue among others the member administration of the group, waiting list processing in a private group, presentation processing from the Group, setting of “News” in the group. (as far as news processing and deletion of illegal comments) and the forum management in the group (like deleting entries, move and delete or work on subjects, manage categories etc.). Group-leader and group-officer are not official moderators of the Jappy-team.
In the use of groups the rules of use are valid (and the specified rights and duties) without limitations as long as nothing else has been defined concerning the groups of Jappy.
For the contents in the groups at first the user is responsible who posted the content. The group-leader is responsible for contents (as the presentation text) which cannot directly be attributed to a user. The group-leader and the officer have to stop clear breaches against the rules of use or even against law, as long as it is reasonable. With knowledge such offenses shall be immediately removed from the group and appropriate measures to avoid similar offenses are to be taken.
Jappy reserves the right to delete or to block groups on self-caused or within the groups caused offenses. Members may not leave the groups after blocking within the blocking period. After 14 days the group will be deleted automatically and is furthermore not evident on your groups-list. Jappy can also ask the group-leader to make changes or delete parts of the group at any time. Jappy can require or prohibit the changing of names. In groups without a leader a deleting process is activated and leads automatically to deletion after 6 weeks if there is no new leader found within that time. Jappy can also delete totally inactive or “empty” groups to increase the quality of the group-systems. Jappy reserves the right to publish statistics concerning the groups in its sole discretion.
Groups can (in contrast to the profiles) also have commercial contents and corporate advertising (per infos, texts, pictures, reports etc.), as long as it is not the case of offense against law or the rules of use. In Groups any kind of Spam is, however, prohibited.
You are able to promote groups via link in your profile text or via ticker, advertising for a group via Spam in guest books, mails etc. is, however, expressly forbidden.
Promotion of competing products – even on the group-system - with Jappy are forbidden.
5.7 Profile picture and general picture rules
When inserting picture data of any sort, laws (in particular youth protection regulations, copyright and personal right laws) and the rules of use should be noted. Picture data are uploaded on the server of Jappy. Jappy reserves the right to adapt image formats, to frame them or to delete them on own server. Jappy do expressly not make picture data its own.
The profile picture is not only posted in the profile (it certainly always depends on your settings in the privacy sphere), but is also on view for other user at interacting with your profile (for your comments on other profiles, guest book entries, send e-mails etc) and in the profile picture rotation. Therefore a “good” image is not only a “flagship” for your own profile, but also for Jappy.
For this reason Jappy tries to check uploaded profile pictures in advance, as far as it is temporally possible and reasonable, and unlock them manually or refuse them if an offense is possibly given. No one has to upload a profile picture but if so, it has to show always the profile creator himself (in the case of offenses against this basic rule there is otherwise a risk of offense against foreign personal rights). Fun pictures (caricatures, extremely reworked pictures, comic figures, avatars, animals etc.) are not accepted. Further special rules of profile pictures as follows:
Shots of Profile pictures are to vote as soon as possible. Such children´s pictures of users are not accepted as profile pictures. Furthermore profile pictures where you are not discernible, not matter if suggesting a poor image resolution or just a small part of your face is to be seen, will be refused. If there a several persons on the picture you have to signify yourself on it. Upside down or turned profile pictures are refused, unless you choosed that perspective deliberately and recognizable for Jappy. A picture may not contain weapons, illegal drugs, offensive or discriminating gestures and may not be aggressive or threatening. On profile pictures also flags or political contents may not be paramount. User under 18 may not show tobacco or alcohol consumption on the profile picture. Sexual characteristics must not be seen in profile pictures, but also bare breasts of women, rump, sexual acts/hints must not be seen. Just profile pictures of minors should dress appropriately.
There is no demand on activation of a profile picture. Furthermore Jappy reserves the right to delete pictures subsequently if they offense against any above mentioned rule or if they are otherwise classified improperly.
Refused profile pictures are automatically saved for another week. For that reason wrongly refused pictures can be unlocked subsequently.
6. Rights of Jappy
6.1 Experience, ranking- , cup- and credit-system
Jappy has an intern ranking-, cup- and credit-system, experience points are given. User receive symbolic ranks, credits and cups, dependent on different factors. The exact calculation of all systems is secret. Dependent on the ranking we take into account a specified credit amount to the user. Credits are a kind of internal “means of payment” in order to lock additional own features or to distribute via the own profile virtual presents or emotions to others. We wish to point out that there is no demand on receipt of a certain cup, respective, ranking or a certain amount of credits.
6.2 No transmitting of profile, no multiple profiles
Profiles are non-transferable. A profile may not to be offered for sale or to trade. Any breach thereof leads to a constant lock of the profile. Should we find more profiles which are assigned to one and the same person we will lock them constantly, in case of repetition we will lock even the main profile.
6.3 Products basing and derived on Jappy
Jappy GmbH reserves the right on creating products, based and derived on Jappy. No one has the right to sale contents from Jappy, except for Jappy. Neither it is permitted to buy a profile or to trade, nor to buy, sell or to trade virtual goods (as presents, emotions, credits etc.) or virtual services (as to write guest book entries, to foster a “Christmas tree”), used on Jappy, to buy, sell or to trade real currency (money).
6.4 Obligations and control rights, further rights
All contents posted by the users are not basically proactive controlled by Jappy. Actually such control is not really possible and without concrete indications to a legal offense not reasonable. However, Jappy reserves the right (without being obligated to) to control contents like guest books, friends lists, profile texts, ticker, groups etc., and in the suspected case of use against the rules of use even non-public areas as galleries, “my site”, private groups, present lists etc. In the event of positive knowledge on violation of rights by contents of user/by linking, Jappy will remove that contents/links within a reasonable time and will take possible and reasonable precaution to prevent identical infringement for the future.
There is no legal right of membership at Jappy. Moderators and administrators can make the full use of the valid house right at any time. Jappy has the right to delete contents forthwith completely or partially, if they offense against rules of use or threatened infringement by those.
After deleting, respectively, blocking a user (no matter at a request or due to breach of the rules) is no right at all to deletion of inserted guest book entries, Jappy mails, comments, groups, group-entries or others not self-inserted contents on the profile. During utilization the user can save a number of contents extern on his profile (as one´s own post-box). After completion the user does not contain any claim on issuance or other transfer of one´s own inserted contents. Also friends lists or contact management cannot be exported then.
6.5 Commercial third-party offers
Third-parties advertise their products and services in respective shared areas on Jappy. This advertising is noted as such and takes place by so-called hyper links. Insofar as user contract with third-parties on the basis of such offers the contractual relationship takes only part with the user and the third-party company and under no circumstances with Jappy.
7. Consequences of violation
Jappy only functions as a community if the users abide by applicable laws, youth protection, morality and the general terms of use. Jappy reserves the right at specific indications of offenses to block temporally or to delete completely individual contents or even the whole profile of the responsible user. In the case of sanctions Jappy endeavors to take legitimate interests of the user into account. Administrators and moderators have discretionary power of the choice of sanctions. Site intern sanctions can be warning up to permanent lock/deletion with a virtual ban on entering the house. In the case of locking the users´ access to its profile is denied. During the locking device it is forbidden to create another profile.
8. Indemnification by the user
Jappy is released from all exercised demands of third-parties on the basis of infringement of the user, if it involves infringement against legal regulations, third-party rights or against the terms of use. The user will bear the costs of any reasonable legal defense of Jappy. The foregoing does not affect any further damage claims available to Jappy against the user. That obligation of the user do not apply if the user is not responsible for the offense concerned.
9. Data protection
The collection, processing and utilization of your data by Jappy complies with legal data regulations and the privacy policy to be agreed on utilization. To access also your own data to others is a key feature of any community. In your privacy sphere setting you specify what those are.
Jappy would like to stress expressly that all contents published at Jappy – depending on the settings of your privacy sphere – is available to a wider public and – also depending on the settings of your privacy sphere – can be displayed by search engines like google.
Each user has to take precaution themselves for the safety of all entered or saved contents. Jappy assumes no liability for any accidental data loss. Unfortunately a 100% data protection on the Internet against unauthorized and illegal access is not possible. In Jappys´ experience in most cases the “weak point” is the used computer. Jappy takes all reasonable and potential precaution against illegal accesses of data on the server of Jappy. Liability of such unauthorized access is excluded.
10. Jappy liability
Jappy shall no be liable to inserted contents of users or of third-parties. Jappy not assume any liability for possible misuse of the inserted contents of the user by other users or third-parties. Jappy is not liable to technical transmission delays or disruptions.
For damages arising as a result of injury to life, limb or health, damage caused by the willful or negligent breach of duty and for other damages caused by any willful or grossly negligent breach of duty, Jappy is liable to users in accordance with the relevant statutory provisions. In addition, Jappy is liable for damage covered by mandatory statutory provisions such as the German Product Liability Act (Produkthaftungsgesetz).
If the liability of Jappy is excluded or limited this also applies to employees, representatives and assistants.
11. Changes to the terms of use
Jappy reserves the right to change the terms of use at any time (without stating reason).
11.1 Alteration impairs
In the case of changing of the terms of use through which the interests of the user may be affected, Jappy inform each user per mail two weeks before the enforcement. Unless the user rejects the new terms within two weeks of notification per mail, then the user shall to be deemed to have accepted. The period and their meaning is mentioned. If the user rejects within the period, Jappy has the right to terminate the user relationship ordinary under exclusion of any claims of damage within a period of 14 days and to delete all data saved on the profile of the user.
11.2 Substantial changes
If substantial changes in the terms of use are carried out, Jappy will make a further utilization depend on a prior permission of the new terms per Opt-in solution.
11.3 Insubstantial changes
Jappy is developed constantly and subject to permanent changes. Changes are almost always made in the background without Jappy starting a new basic version. Frequently, in the event of changes, a feature is being added or an old feature is being cancelled. Jappy will supply relevant information. Also changes affecting the terms of use will be reported and the corresponding passage will be cancelled or is inserted into the terms of use and supplies a relationship continuation to the changed conditions. The immediate right to cancel remains unaffected.
12. Applicable right
The general terms and conditions and the contractual relationship between Jappy and the user are governed exclusively by the material laws of the Federal Republic of Germany, excluding the UN-Convention of Contracts (CISG) and the Private International Law regulations. However, this choice of law applies to consumers only to the extent that it does not deprive them of the protection afforded to them by the mandatory legal provisions applicable in the country in which the consumer is ordinarily domiciled.
These terms are an English translation of the German Terms of Use for the Online-Service of Jappy. All due care has been taken to translate the German General Terms of Use for the Online-Service of Jappy from German to English. If despite of all care, there should be an inconsistency between the German and the English text, the German General Terms of Use for the Online-Service of Jappy prevail.
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