For the Internet portal selofelo.de/selofelo.com
Selofelo.de/.com is a digital, interactive game in which you can make appointments with others at a location from the map displayed and thus support them. To make an appointment, you enter the chat room of the respective location, where you not only meet your date but also everyone else who is currently in the chat room. At irregular intervals there are tasks to be solved. In this way a distinctive and common evening is created, which supports local providers.
For this to work well, there are a few rules and guidelines that you need to follow when using it. If you register with us, you accept the following rules by clicking on the checkbox:
I*herz*Bk, Am Sommerrain 38, D-71522 Backnang, represented by the managing director Claudia Fischer offers on the Internet side www.selofelo.de/com an interactive play and society platform, which brings guests & organizers together virtually (in the following "Selofelo"). The following terms of use govern the participation in Selofelo both for the provider (organizer) and for the users (guests). For the use of the electronic payment system PayPal Plus, the PayPal Plus Terms and Conditions shall apply
§1 Scope: Legal relations between admin, providers, users and Selofelo
(1)
Definitions: Whoever buys Selofelo and provides it for his city, event or other circumstances is Admin. Whoever enters and publishes his location and its range of goods on Selofelo is a provider. Anyone who registers and goes into the chatroom is a user. Registered users can send appointment invitations to all their personal contacts, who must also register to enter the chat room. Admin and Provider can invite possible providers from their personal contacts, they have to register with Selofelo if they want to participate.
(2)
Organizer role: Selofelo advises all providers that the respective admin has the right to delete providers and release their details for publication. All users are hereby informed that the provider of the respective chat room exercises the householder's rights and can block users with behavioral problems. Orders placed with Selofelo will be forwarded to the provider and will be confirmed, processed and executed by the provider. This is where the contract between user and provider comes into effect.
(3)
Legal relations: These terms of use apply in the version valid at the time of use for all legal relationships between the admin, providers and users on the website www.selofelo.de/.com. Admin, provider and user are hereinafter jointly referred to as "participants" of Selofelo.
(4)
Validity: These terms and conditions of use become valid if the participant has accepted them during registration and are also an essential part of every contract concluded, unless otherwise agreed in detail. They shall also apply to future business relations with the participant, without the need for their express inclusion again.
(5)
Deviating terms of business: Deviating terms and conditions of participants as well as changes and amendments to these Terms of Use shall only be valid if accepted by Selofelo in writing.
(6)
Changes: Selofelo reserves the right to change or delete portions of the Selofelo Web site at any time without prior notice or consent. Selofelo may also change these Terms of Use at any time. Any changes to the Terms of Use will be posted on the Selofelo Web site. Your continued use of and activities on the Selofelo Web site following the posting of relevant changes shall be deemed acceptance of such changes unless you object to the changes within 10 days of their posting.
(7)
Accessibility: Selofelo guarantees a 95% annual average accessibility of the website. This excludes periods of regular maintenance, which is only possible in offline mode, and periods during which the site is unavailable due to force majeure, external manipulation or other problems beyond Selofelo's or its agents' control.
§ 2 Subject matter of the contract, contracting parties for chat room visits organized via Selofelo
(1)
Subject matter of the contract: Selofelo is an interactive game where you can meet virtually in a location chat room. Selofelo gives organizers such as restaurateurs the opportunity to stay in touch with their guests or to attract new guests and get financial support from them as soon as they enter their chatroom and pay a contribution ("chatroom visit").
(2)
Contracting parties: Parties to a chatroom visit are exclusively admin and user. Amount to be paid and time windows for the duration of stay in the respective chatroom are clearly displayed and confirmed by the user before conclusion of contract or payment via Paypal+.
(3)
Responsibility of the contracting parties: The Admin commits himself to settle the received chatroom entrance fees minus his discount with the Provider. The Admin is responsible for the proper storage. The User undertakes to adhere to applicable law and manners in social interaction and is fully responsible and liable for his own statements, actions and actions. He of the Chatroom to be expelled. And if necessary reported to the police.
(4)
Right of withdrawal, cancellation policy: Since the User in this case is a consumer (i.e. a natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his/her commercial nor his/her professional activity), he/she is entitled to a right of revocation according to the statutory provisions, the existence/non-existence of which he/she is informed of at the time of the respective conclusion of the contract, see sample text below.
§ 3 Obligations when participating in Selofelo; registration as participant
(1)
Registeration: When registering the user account, the participant is obliged to provide his name and e-mail address. The provider is also required to provide his bank details, address, profile and header picture. With the admission of the participant by the Admin and the creation of a user account, a contract of use is concluded. The registration of a user account is free of charge.
(2)
Correct information: The participant warrants that the information provided by him/her to Selofelo during registration and profiling is true and complete. If he/she provides false or incomplete information, Selofelo shall be entitled to delete and terminate the user account without notice or to stop sending invitations.
(3)
Identification: Selofelo can only verify the identity of participants to a limited extent. It is up to the contractual partner to verify the identity of its respective contract partner.
(4)
Multiple registration: Only one user account per participant is allowed. A participant is therefore not entitled to register more than once on Selofelo. Selofelo may allow exceptions in individual cases upon request.
(5)
Access data and password: The participant is not authorized to pass on his access data and his access password to third parties. Should third parties nevertheless gain access to the participant's user account or should the participant have any other indication of misuse of his or her account, the participant must inform Selofelo immediately and change his or her access data.
(6)
No transfer of data: The participant undertakes not to disclose to third parties or use commercially in any manner whatsoever data obtained from his or her contractual partners in connection with the use of Selofelo.
(7)
No unauthorized links: The participant agrees not to place on Selofelo any links or references to external Internet sites, advertising for offers outside of Selofelo or any other content not directly related to Selofelo.
(8)
Transfer of usage rights: The participant grants Selofelo a non-exclusive, comprehensive right of use, free of charge and limited to the duration of the contractual relationship, within the scope of the contractual purpose, of the texts, illustrations, images, videos and other content made available in the profiles, in particular for the purpose of reproduction, distribution, editing and making them publicly available. This includes the right to use these contents for advertising purposes for Selofelo.
This non-exclusive right of use shall also include corporate logos, registered trademarks, work titles, other similar identifying branding or works that a participant submits to Selofelo. Again, use is limited to the contractual purpose.
(9)
Partnership approach: The participant will refrain from doing anything that jeopardizes or disturbs the operation and functioning of Selofelo and the thriving of the participants among themselves. In particular, the participant is prohibited from doing so,
● choose a user name that violates the rights of third parties (especially copyrights, personal rights, trademark rights, company rights etc.) or
● offends common decency, e.g. violates the religious feelings of others, is racist or discriminatory
● Selofelo expressly distances itself from such behavior.
● to choose an e-mail or internet address as user name.
● use, post, publish or upload any insulting or defamatory content or link to material on a third-party website
● regardless of whether this content affects other participants or other persons or companies
● political, immoral, pornographic, morally reprehensible, offensive, violent, violence glorifying, sexist, right-wing or left-wing extremist contents or against laws,
● in particular youth protection laws and the Interstate Treaty on the Protection of Minors in the Media, to use, post or publish offending content or to link to corresponding material on a third-party website
● to advertise, offer or distribute products that are pornographic or violate laws, in particular youth protection laws
● to violate applicable laws or to call for violations of the law or to link to corresponding contributions.
● to harass other participants unreasonably (especially through spam) (see § 7 Law against unfair competition, UWG, in particular,
● but not exclusively by sending unsolicited messages, advertising or for other industrial or commercial purposes without the legally effective consent of the recipient)
● to publish, reproduce, make publicly available or distribute content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without being entitled to do so.
● to advertise, offer or distribute goods
● to advertise, offer or distribute services that are not artistic performances
● engage in or promote anti-competitive activities, including progressive customer acquisition (such as chain, snowball or pyramid schemes)
● ask other participants to provide personal data for commercial or unlawful purposes or to provide access data.
● to organize or advertise commercial activities and/or sales of third parties (also via link), e.g. advertisements, competitions, prize draws, raffles, barter transactions, snowball systems.
● to reproduce an image of another person or make it publicly accessible without the written consent of the person concerned.
If you find content on Selofelo that you believe violates existing laws or the Terms of Use, you will notify Selofelo, for example, by sending an e-mail to claudia@selofelo.de. If we become aware of or suspect that any such content is illegal, we are entitled to remove it from the platform at any time.
(10)
Use of the Services and Software (Admin): Subject to your compliance with the terms and conditions and applicable law, you may access the services and software provided by Selofelo for which you have been licensed by Selofelo. Your licenses expire at the end of the term specified in your purchase order document. The versions of the services and software available on your renewal date may differ from the versions that were available when you first purchased your licenses from Selofelo. You agree that your decision to use or purchase software or services is not contingent upon the provision of future features or functionality or upon any oral or written public comments we may have made about future features or functionality.
§ 4 Termination of the user agreement between Selofelo and participant
(1)
Termination by participant: The participant can terminate the contract at any time without notice. The obligations to Selofelo and/or other participants already established by the participant during the term of the contract shall remain unaffected by the termination. In the case of an admin subscription, compliance with the respective notice period shall apply to the subscription period.
(2)
Termination by Selofelo: Selofelo may terminate the agreement by giving two weeks' notice to the end of the month. The right to terminate the agreement without notice for good cause shall remain unaffected. In particular, Selofelo may terminate the agreement without notice if the participant intentionally provides incorrect or incomplete information during registration, repeatedly and obviously does not report negative data without justification, repeatedly violates other contractual obligations and does not refrain from violating such obligations even after being requested to do so by Selofelo.
(3)
Text form: Any notice of termination must be made at least in text form. Notices of termination by e-mail shall be in text form.
(4)
No new user account: If Selofelo has terminated the agreement, the participant shall not be entitled to create a new user account, even under a different name or designation.
(5)
Deletion of data: The participants agree that personal data will be removed immediately from the platform after an informal request for deletion (e.g. via the account menu) and completely deleted from the database within 6 weeks. The legal basis for this results from Art. 6 para. 1 a) and f) DSGVO.
§ 5 Sanctions for rule violations
Sanction for rule violation: To the extent that a participant is in breach of his or her contractual obligations as set forth in these terms and conditions, including, but not limited to, breach of the obligations for participation in Selofelo, breach of the law or offence against common decency, SofaConcerts may, at its sole discretion and taking into account the interests of the participant, respond as follows:
(1) Warning
(2) Deletion of offers or contents
(3) Limitation of the participant's right to use Selofelo
(4) temporary or permanent blocking of the user account and termination of the contract.
§ 6 Participants' liability
(1)
Participants' liability: Each participant is directly liable to the rights of third parties in the event of a violation of their rights for which they are responsible. Each participant undertakes to compensate Selofelo for all damages resulting from the culpable failure to comply with the obligations arising from these Terms of Use.
(2)
Exemption: Each participant shall indemnify and hold Selofelo harmless from and against any claims made by other participants or other third parties against Selofelo for violation of their rights by content posted by the participant or for violation of any other obligations. In this context, the participant shall also assume the costs of Selofelo's necessary legal defense, including all court and attorney fees. This shall not apply if the participant is not responsible for the violation of rights.
§ 7 Liability, compensation by Selofelo
(1)
No liability for website use and consequences: Selofelo and its affiliated telecommunications and network service providers shall not be liable for any damages of any kind arising out of the use or inability to use the Selofelo Web site, including, without limitation, any failure to ensure that the Selofelo Web site will function without interruption or error. This includes, but is not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose with respect to the availability, accuracy, reliability or content of the sites. Selofelo shall not be liable for any direct, indirect, incidental, consequential or punitive damages, lost profits, or business interruption arising out of the use or inability to use the site and the services contained therein. This shall apply even if Selofelo has been advised of the possibility of such damages.
(2)
No liability for external influence: In particular, Selofelo assumes no responsibility and shall not be liable for any damage caused by third parties to the participant's system or during data transmission.
(3)
Scope of liability: Selofelo's liability, if any, notwithstanding the foregoing provisions, shall in any event be limited to damages caused by Selofelo, its legal representatives or vicarious agents intentionally or through gross negligence or based on the violation of a primary obligation essential to the contractual relationship. Selofelo's liability for damages shall be limited to the foreseeable, typically occurring damage, unless Selofelo is charged with intentional or grossly negligent breach of contract.Selofelo shall be liable for the loss or destruction of data at the participant's premises only up to the amount of the typical recovery effort required despite regular state-of-the-art data backup.Liability for culpable injury to life, body or health shall remain unaffected. This shall also apply to the mandatory liability under the German Product Liability Act.
(4)
No liability for information, advice or recommendation: Selofelo provides any information, advice and recommendations to the best of its knowledge. There is no contractual primary or secondary obligation to provide information, advice or recommendations. Selofelo shall therefore not be obliged to compensate for any damage resulting from compliance with the information, advice or recommendation, unless liability arises from tort or any other legal provision. Information, advice and recommendations may consist of illustrations or texts, regardless of whether such information, advice or recommendations are publicly available (e.g., on the Internet site www.selofelo.de/.com) or have been given to the participant personally.
(5)
No liability for damages and impairments: You access and save selofelo.de/.com at your own risk. Any liability for damages and impairments is excluded, as well as any claim for damages and consequential damages of any kind.No liability can be assumed for the correctness of the publications and links to external sites. Selofelo assumes no liability and is not responsible for the content of the linked pages. Clicking on an external link, a download link or other links is at your own risk.
(6)
Disclaimer of liability: selofelo.de/.com as well as its representatives and vicarious agents shall only be liable for damages, in particular due to delay, non-performance, defective performance or tort, in the event of a breach of material contractual obligations, the performance of which could be relied upon to a special degree. Selofelo shall not be liable for indirect damages, in particular consequential damages, unforeseeable damages or atypical damages as well as loss of profit, unless mandatory statutory provisions apply. The same shall apply to the consequences of industrial disputes, accidental damage and force majeure.
(7)
Warranty: Selofelo makes data and information from the providers available on the Internet and on mobile devices by means of identification in a table and on a map. This information and data is provided for informational purposes only, without the user being able to rely or rely on the timeliness, accuracy and completeness of the information. Selofelo makes no warranties or representations, including but not limited to warranties or representations of merchantability, fitness for a particular purpose, or non-infringement, and Selofelo shall not be liable for any direct or indirect damages arising out of the use of the information or data found on Selofelo's websites.
(8)
Technical faults: Selofelo excludes all liability for technical or other failures.
(9)
Disclaimer: The above limitations of liability apply to all contractual and non-contractual claims.
§ 8 Usage/Rights of use
(1)
Conditional relationship: All rights to the technologies, software products and content provided by Selofelo (e.g., databases, directories, maps) used within the scope of the contractual performance shall be owned exclusively by Selofelo in relation to the user.
(2)
No commercial use of the services/copyright: The content and works on these pages created by Selofelo are subject to German copyright law. Selofelo participants may not copy, reproduce, imitate, sell, resell or exploit for any commercial purpose whatsoever the services provided by Selofelo or parts thereof, their use or access to the services, unless expressly permitted by Selofelo in writing. Insofar as the content on Selofelo is not created by the operator, the copyrights of third parties are respected.
§ 9 Notes on data protection
(1)
The participants agree to the storage of personal data within the scope of the business relationship with the provider, in compliance with the data protection laws, in particular the BDSG and the DSGVO. Data will not be passed on to third parties unless this is necessary for the execution of the contract.
(2)
In particular, the rights result from the following standards of the DSGVO:
Article 7 para. 3 - Right to revoke consent under data protection law
Article 15 - Data subject's right of access, confirmation and the right to receive a copy of personal data
Article 16 - Right of rectification
Article 17 - Right of cancellation ("Right to be forgotten")
Article 18 - Right to limit processing
Article 20 - Right to data transferability
Article 21 - Right of objection
Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling
Article 77 - Right of appeal to a supervisory authority
(3)
To exercise these rights, you are requested to contact Selofelo by e-mail or, in the event of a complaint, to contact the relevant regulatory authority.
§ 10 Final provisions
(1)
Written form: Amendments or supplements to these Terms of Use - including this written form clause - must be made in writing.
(2)
Choice of law and place of jurisdiction: The law of the Federal Republic of Germany applies, excluding the Hague Uniform Laws on the International Sale of Goods and the German conflict of laws provisions. Exclusive place of performance and jurisdiction is Stuttgart. The invalidity of individual provisions shall not affect the validity of the remaining provisions of these Terms of Use.
(3)
Out-of-court settlement of disputes: The EU platform for out-of-court online dispute resolution can be found here. Under the following link you will find the contact details of the official dispute resolution bodies.
Selofelo is neither willing nor obliged to participate in any dispute resolution proceedings before a consumer dispute resolution agency.
Right of withdrawal
Cancellation policy
You have the right to cancel this contract within fourteen days without giving reasons.In order to exercise your right of withdrawal, you must give us,
I*herz*Bk
Am Sommerrain 38
71522 Backnang
Phone number: +49-176-23556524
Mail: claudia@selofelo.de
inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use this sample revocation form at the end of this page, but it is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification about the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.If you have requested that the services be commenced during the cancellation period, you shall pay us a reasonable fee corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of the services provided for in the Agreement.
End of the withdrawal policy
Special reference to the premature expiration of the right of withdrawal:Your right of revocation expires prematurely if the execution of the contract has begun before the end of the revocation period after you have given your express consent and you have taken note that you will consequently lose your right of revocation with the beginning of the execution of the contract. If you have any questions regarding our terms of use and privacy policy , you can contact us at any time (Claudia@selofelo.de).
Callback form:
(If you want to revoke the contract, please fill out this form and send it back)
Sample revocation form
To
I*herz*Bk
Am Sommerrain
3871522 Backnang
Claudia@selofelo.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in case of paper notification) Date
(*) Delete as applicable.