Terms and Conditions

This agreement was written in German (/agb). To the extent any translated version of this agreement conflicts with the German version, the German version controls.
Terms of Spotted GmbH, Q7, 17A, 68161 Mannheim (hereinafter "Spotted" called). Please read our Terms and Conditions (the "Terms" called) completely and carefully before using the services of Spotted because they are considered at each of your visits.

With the application / registration with Spotted and / or the use of Spotted eg, (hereinafter referred to as "Website" or "Service") under the application Spotted, the website www.Spotted.de or that reference domains such as www.joinspotted.com www.Spotted.at, etc., you agree to the terms and conditions listed below agree. If you do not agree to these Terms, you must waive the application / registration and / or use. These Terms apply to all web pages and applications of the operator spotted. If you do not agree with the validity of our Terms of Use, registration as a member can not be done. The user automatically accepts these Terms of Use by signing up / registration by mail and / or Facebook, and thus these Terms of Use part of the contract.
According to this Terms Spotted awarded to any user of the application, the Website and / or our service a worldwide, non-exclusive, non-sublicensable, non-transferable, revocable license for the personal, non-commercial use. The use, reproduction, modification, distribution or storage of any Content for any purpose other than personal, non-commercial use, without the prior written permission of Spotted or identified in the copyright information copyright holders, if any, expressly prohibited. You may, any content to sell, license or otherwise exploit for any commercial purposes (regardless of whether for profit) to use or content in any form, be violated by the rights of third parties.

1. Acceptance of Terms
2. Validity
3. Scope
4. Contract, contract start, costs and prices
5. Privacy
6. Delete Account
7. Liability of operator
8. Obligations of Users
9. Prohibiting commercial or business use, prohibition of spamming
10. Liquidated Damages
11. Copyrights, Usage in media
12. Changes to the Terms and Conditions
13. Power of revocation
14. Miscellaneous
15. Final Provisions

1. Acceptance of Terms
(A) By registering and / or using the mobile application, the services of Spotted in any manner, including about the visit of the site or their browsing with the browser, you agree to all terms and conditions contained herein. These also include all other operating rules, policies and procedures, published the Spotted at the appropriate time on the site. Each of these schemes is the present Agreement by this reference part and can be changed at any time by Spotted without notice to you in accordance with the regulations from the button below under "Amendments to the Terms and Conditions". In addition, some services offered through the Service, are subject to additional terms and conditions that are set by Spotted at the appropriate time. Your use of such services is subject to these respective additional terms and conditions that are part of the present Terms by this reference. These Terms of Use apply to all users of the Services, including but not such users, content, information, and other materials or services on the Website provide, as well as for individual users of the service.

2. Validity
(A) The terms and conditions contained herein govern the policies under which the use of the application, the Site and / or Services of Spotted. The terms and conditions also apply if the service is used outside the Federal Republic of Germany. By registering with the operator of the user acknowledges that they have read and understood the Terms and accept them. Different rules and particular conditions of the user that are in conflict with the terms and conditions require the written consent of Spotted.

3. Scope
(A) Spotted operates a location-based platform on the Internet (or App Store and Play Store) and provides the logged-in user access to a database through which users meet new people and get in touch, people find again, and notifications and newsletters can get. This database contains profiles and information about other users. Registered Users the profiles of other users can view and on the basis of similarities, biometric and / or location-based data "matched" and can be contacted by these, as well as a profile with photo create, write Flirt embassies and set in the database.
(B) The services of Spotted offered exclusively for private purposes. Any commercial use is not permitted and in the scope of services offered. Commercial profiles are prohibited.
(C) Spotted is entitled to use third-party service providers and agents with the provision of parts or the whole spectrum.
(D) Spotted will endeavor to provide the service without disruption to the schedule. Even with all the care downtime can - for example due to maintenance and software updates, and times when the service (force majeure, third parties, etc.) due to technical or other problems which are outside the control range of Spotted - can not be excluded , And terms of reference restricted a priori the accessibility of all services on one with minor impairments.

4. Contract, contract start, costs and prices
(A) The contract between spotted and the user arrives at registration / application by the user as a member on the mobile application and / or website (§ 2 paragraph a. Of these Terms) about.
(B) The user can proceed with the free registration by completing the registration form via app / site. Alternatively, it may register via Connect features third-party (eg Facebook Connect). Here, selected data from the respective sections of the user are transferred to the Spotted database. When registering on the Connect features the user with the corresponding conditions of the third party agrees and consents that certain data is stored in the database of Spotted.
(C) The use of the Spotted services are free in the basis functions. The user can acquire different added values ​​("Premium Features") free of charge. The prices may be displayed to the user clear and visible prior to final purchase.
(D) Spotted reserves the right to change prices at this indefinite time points.

5. Privacy

Apply the privacy policy of Spotted, which are available at the following link http://www.spotted.de/datenschutz.
- The third-party Google uses cookies to serve ads on your site.
- The use of the DART cookie ads will allow users based on their visit to your sites and other sites on the Internet for Google.
- Users can disable the use of the DART cookie by visiting the privacy policy of the advertising network and content network of Google.

We rely on third-party companies to serve ads when you visit our site / app. These companies may use information (not including your name, e-mail address) so that ads can appear on products and services about your visits to this and other websites that interest you.

6. Delete Account
(A) Spotted may terminate your access to all or any part of the Service and / or adding links anytime founded or unfounded, terminate with or without notice with immediate effect. This also applies including without limitation for property rules, disclaimers, and limitations of liability for damages and.
(B) The free membership according to § 2 paragraph a. Of the Terms may be canceled anytime within the mobile applications by the users themselves. The termination can be reached directly or by scrolling with the account settings (for iPhone under "more"):
Delete account needs to be clicked by the user, which he once again must then confirm
(C) The account can be deleted by email. These must be written to verwaltungÄTspotted.de an e-mail in which the email is that which is registered at Spotted.
(D) Upon termination of the contract information for each user are deleted by the operator, unless they are also going for verification purposes because of an unlawful act of the user about the termination of the contract requires.

7. Liability of operator
(A) for any damages, psychological, physical or financial nature, associated with the service offered in conjunction liable Spotted only to the extent the damage is due to gross negligence of the operator, or its legal representatives or vicarious agents or intent of Spotted or his legal representatives or agents arises.
(B) for damages related to the service being offered in conjunction and occurring to other property than life, body or health, is liable Spotted in so far as this damage is due to gross negligence of the operator or his legal representatives or agents or intent of the operator or his legal representatives or vicarious agents.
(C) Spotted can not be held legally responsible for incorrect information in the notification of the user, as the information provided by the users may not always be verified due to their extent wealth. He shall not be liable for any misuse of the information from other users or third parties, this is especially true if the user makes itself accessible the information. In addition, Spotted is not liable for unauthorized acquisition by third parties of the users personal data (eg. As by unauthorized access of so-called "hackers" to the database or server), if the operator is to be the restriction of paragraphs a and b of § 10 no fault of their own, or any fault of his legal representatives or vicarious agents. The operator is entitled, but not obliged, the content of any text and is accomplished / uploaded photos or graphics files to, these Terms of Use to
Reason to check back and lying provisions to amend if necessary, or remove / delete.
(D) Spotted can not be held liable for any significant impairment of service.
(E) Further liable Spotted not. For of this was not responsible end service outages, z. B. by force majeure or technical failures of the Internet
(F) can be represented by links to other websites Spotted, services, or resources, and other sites, services, or resources may contain links to the Spotted site. When you access third party websites, you do so entirely at your own risk. Such other websites are not under the control of spotted and you hereby accept that Spotted is not responsible for content functionality, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of such links does not in any way that Spotted supports such links or stands with its operators in some way linked. You acknowledge and accept that Spotted directly or indirectly responsible or liable for any damage or loss suffered by or in connection with use of or reliance on any such Content, goods or services, which are provided on or through such sites or resources have been caused or alleged to be caused.
(G) Spotted does not guarantee that contents or user input via the service to be made available. Spotted has no obligation to the site to monitor the service, content, or user input. Nevertheless, Spotted reserves the right to (i) to remove content at its sole discretion at any time, without warning, with or without cause, terminate, modify, or modify, including but not limited to user input (this applies, inter alia, when Spotted claims or filed in connection with such content is replaced or if Spotted suspects that you have violated the Terms); and (ii) remove, disable, or block user input.
(H) Spotted also reserves the right to access information, to read it, keep it and to pass them, inasmuch Spotted this deems necessary to (i) comply with all applicable laws, regulations and governmental request, (ii) to these Terms put into effect, including investigation of potential violations of these conditions, (iii) to address fraud, security issues and technical problems to detect, prevent and combat otherwise, (iv) respond to user requests, and ( v) protect the rights, property or safety of Spotted, its users and the public.

8. Obligations of Users
(A) The user is responsible for the content of its registration / application and thus for the data that he makes about himself, alone responsible. He is obliged to take appropriate steps to prevent unauthorized use of his data in particular information by third parties. He is obliged to inform Spotted immediately of any notice or suspected unauthorized use of his account. The user is solely responsible and liable for the transactions executed on his account activity.
(B) You represent and warrant that you have the sufficient age. The service is under 16 years are not available. Spotted any person can refuse and change the eligibility criteria at any time in its sole discretion, the use of the Service in its sole discretion. You are solely responsible for ensuring that these general terms and conditions that apply to you fulfill all laws, rules and regulations. The right to access the Service is revoked automatically if present general terms and conditions or use of the Services are prohibited or rendered prohibited. In this case, you agree to the access to and the use of the Website and Services immediately in every respect.
(C) The user guarantees that the information provided is true and describe his personality. The contracting parties agree that it is considered legitimate interest of Spotted, to let the correctness of the statements made by the user may have to check.
(D) The user agrees to hold harmless from Spotted each type of action, damages, losses or claims that may arise from the registration / application and / or participation in this service, insofar as this damage by intent or negligence of Spotted or its legal representatives or vicarious agents. Especially the User Spotted committed against any liability and all obligations, expenses and claims arising from damage due to libel, defamation, violation of personal rights, because of the failure of services to users, for infringement of intellectual property or other rights, acquit.
(E) The user undertakes not intentionally third party data persons (incl. E-mail address and pictures) indicate as his own.
(F) The user undertakes further under with the registration and use of the offer
http://www.Spotted.de or to comply with all applicable laws via mobile application.
(G) The user also agrees, emails and any other incoming messages
confidential and will not make, without the consent of its author accessible to third parties or to pass. The same applies to names, telephone and fax numbers, addresses, e-mail addresses and / or URLs.
(H) In addition, each User agrees not to make improper use of the Service, including:
- Do not make any activities affecting their patents, trademarks, trade secrets, copyrights, publicity rights or other rights of any person or entity, or otherwise violate any law or contractual obligations;
- Allowed users against another person is not unlawful, threatening, abusive, harassing, defamatory, be defamatory, libelous, deceptive, fraudulent or attacking, they may not behave immoral, obscene, vulgar, pornographic, abusive or blasphemous and if they or Nudity include sexual activity or represent, promote bigotry, discrimination or violence, or if they are otherwise considered at the discretion of Spotted be unsuitable, the relevant authorities will be informed by Spotted.
- Not to use it to threaten other people / users, harass or the rights
(Including moral rights) of any third party.
- To load data high, containing a virus (infected software). Generally no
Files, software or other material to upload that is copyrighted, unless the user has the rights thereto or the necessary approvals - here may be required by the operator by documentary evidence.
- Not to use them in a way which affects the availability of the services offered to other users disadvantageous.
- Intercept e-mails and this is also not to try;
- Carry no advertising for other Internet portals.
- May not be copied or stolen content of the service.
- The user may not have the service and the contents of the application or website (except for your user input) modify, adapt, distribute, out of them produce derived or adapted works, publicly display, use them for other than its intended use, sell.
- To post any chain letters and send.
- In the personal and voluntary information (user profile) to call no addresses, telephone / fax numbers or email addresses.
- Allowed users not the source code underlying ideas or algorithms of any part of the Service (including, but not limited to all applications and widgets) decipher, decompile, disassemble or reverse engineer or otherwise attempt to derive these where applicable laws do not prohibit such restriction.
(I) The following pictures are not allowed to use:
- Images nudity; indicate or show sexual and / or pornographic acts
- Copyrighted images; stolen images (such as images from the web)
- Depict images, violence, drugs, weapons, or the like
- Show images that the consumption of alcohol, cigarettes, hookah etc. from anyone under 18 years
- Images, text and / or contact details, or allow inferences to personal data
- Stock photos of masked, heavily muffled or distorted faces
- Images prohibited symbols, flags or signs and offensive gestures of any kind (except for recognized national flags)
- Images of protected trademarks
- Images, refer to other websites or show other commercial content
- Single images of children and adolescents under the age of 16
- Fuzzy, very small and / or non-explicit images
- Senseless images that have no added value for our platform, such as Clips of materials (such as floor coverings, plaster and other land), technical equipment (such as vacuum cleaner, hair dryer and toilet brush), objectless monochrome images etc.
- Multiple identical images
(J) Failure to observe the above behavior rules could result in immediate termination of membership of spotted, and / or civil and bring criminal consequences for the user even with him. In particular, incurred a claim for damages. Spotted here reserves the right to exclude the users of its service if immoral in the application or use of the Service in the opinion of the operator, obscene or politically radical content are disseminated in writing or photos.

9. Prohibiting commercial or business use, prohibition of spamming
(A) The user confirms that he does not pursue an industrial and / or professional backgrounds in connection with its use. He does not undertake the portal
commercial or business use.
(B) Commercial or business use, whose omission under this
Internet portal, the User hereby undertakes, in particular:
- The provision of goods or services or money's worth to make an offer or the solicitation of reference to an achievable elsewhere
appropriate offer (eg by making reference to specific Internet auctions).
- The advertising of commercial internet sites, ie, especially pages - goods or
Providing services for payment.
- The presentation or advertising companies to serve or apply other commercial Internet portals. This is especially true for the application of
Companies in the form of pop-ups, banner ads or flashy or particularly highlighted links. An Internet site also applies in particular to be commercial if it is linked from it directly or indirectly on the commercial Internet portal of another operator.
- Mention or notification of value-added service numbers or value-added SMS numbers (Premium SMS) in the context of this Internet portal.
- Contact us for the purpose of subsequent profit, in particular by
subsequent references to premium numbers or value-added SMS numbers.
- The search for potential employees, models for agencies or remunerated
- Promote the collection of accessible as part of the internet portal profile data or experience of data (eg email address) of individual users with the background of
commercial use, advertising or resold to third parties.
(C) The user undertakes to refrain from other users of the offered here
To make service or other users advertising in any form for commercial offers and to send messages (Flirt messages, private messages or e-mails), serve a commercial purpose. This also relates to the setting or Name of corresponding thereto links in which other users or other users of this service accessible profiles or send messages to the internal messaging systems (eg messaging, forums and profile data).

10. Liquidated Damages
(A) A user who uses pursued by participating commercial or business purposes within the meaning of Section 9 of the Terms and Conditions or liquidated damages in the amount of € 5,000 is obliged to pay (in words five thousand euros) to Spotted. The user will be allowed in this case to prove that damage has not occurred or is substantially less than the flat. Spotted it remains to prove reserved, that he thereby a higher damage.
(B) In the case of intentional or grossly fährlässigen breach of the obligations of the user described in § 9, committed to this, as far as the
Violation not already liquidated damages under paragraph a of this paragraph
justified to pay liquidated damages in the amount of 500 € (in words: five hundred euros) to the operator. The user will be allowed in this case to prove that damage has not occurred or is substantially less than the flat. The
Operator remains to prove reserved, that a higher damage.

11. Copyrights, Usage in media
(A) The user confirms that he through the Service of Spotted any photographs or
other works setting, without this, according to the applicable copyright regulations
to be eligible.
(B) A claim by the user to the publication of the profile or flirt messages in the media mentioned does not exist.

12. Changes to the Terms and Conditions
(A) Spotted reserves the right to change the terms and conditions.
(B) Spotted be entitled to these terms and conditions to change at any time, provided this essential provisions of the contract shall not be affected and it is necessary to adapt to developments which were not foreseen at the conclusion of the contract and its omission would disrupt the balance of the contract considerably. Significant rules are in particular those concerning the nature and extent of the services contracted for and the duration, including arrangements for termination. In addition, changes can be made to close arising after the contract loopholes. This is particularly the case for a change in the law that have an influence on the decisions taken in these Terms of Service rules.
(C) The user declares that he agrees with the application of the amended terms and conditions on closed before the amendment agreements if spotted the user indicating that a change in the Terms of Use has occurred and the user is not within two weeks, beginning on the day following the notification of change, the amendment
(D) The notification of change must once again pointing out the possibility
and the period of objection, and the importance and consequences of not one
Contradiction included. You can e-mail to the specified by user
E-mail address carried out.

13. Power of revocation
(A) you have the right to cancel within fourteen days without giving a reason this contract. The revocation period is fourteen days from the date of contract.
To exercise your right of cancellation, you must contact us (Spotted GmbH, Q7, 17A, 68161 Mannheim; verwaltungÄTspotted.de, by means of a unique statement (letter or email), inform your decision to withdraw from this contract you can do so in the attached. use model withdrawal form that is not prescribed.
To meet the cancellation deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal deadline.
(B) If you withdraw from this contract, we will reimburse all payments we receive from you, including delivery costs (except for the additional costs arising from the fact that you have a type of delivery other than that offered by us have chosen cheapest Shipping), and repay immediately at the latest within fourteen days from the date on which the notice is received through your cancellation of this agreement with us. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case, you will be charged fees for such repayment.
Do you require that the services to begin during the withdrawal period, so you have to pay us a reasonable amount in the proportion of up to the time that you notify us of the right of cancellation in respect of this contract, services rendered compared to the total amount provided for in the contract services meets.

Model withdrawal form
If you want to cancel the contract, then please fill out this form and send it back to us.
To: Spotted GmbH, Q7, 17A, 68161 Mannheim, Germany; Email: verwaltung@spotted.de

Hereby give notice that (n) I / We (*) from my / our (*) signed contract to buy
of the following goods (*) / provision of the following services (*)

Ordered on (*) / received on (*): ____________________________
Name / consumer (s): _____________________________
Order-ID (Android/iOS): _____________________________
Address of / consumer (s): ___________________________

_________________________ ____________________________
Signature / consumer (s) Place and date
(Only for communication on paper)
(*) Delete where not applicable.
(- End of the model withdrawal form -)

14. Miscellaneous
(A) Spotted in any way for the non-performance of its obligations under this Terms liable if such failure is due to causes beyond the reasonable control Spotteds. This includes, among other mechanical or electronic failures and communication failures (including "line noise"). These Terms of Use are personal to you and may you without the prior written permission of Spotted not subcontracted, transferred or sublicensed. Spotted may without your consent, any of its rights set forth herein and obligations to third parties assign, transfer or assign. Through these Terms any agency relationship, partnership, joint venture, or employment relationship between the parties is established and neither party has the authority to contractually bind the other Party.
(B) For users in the EEA and / or in Australia is: In relation to these Terms and your use of this Website, the Service, the content, the user input and adding links these Terms can not be construed as that persons who are not Parties to be granted (except your and our respective successors or delegate), rights or benefits or that such persons can enforce provisions contained herein. You and we agree that in accordance with the Contract Law Contracts Act 1999 (Rights of Third Parties) no one of us try to be put into effect provisions contained in the Terms of Use by third parties.

15. Final Provisions
(A) contract amendments, additions and collateral agreements require, provided in
These Terms of otherwise destined to be in written form on both sides. The writing requirement also applies to the waiver of this requirement of written form.
(B) The contractual agreements between the parties subject to the law
the Federal Republic of Germany, excluding the UN Sales Convention (CISG) and the
Conflicts of law.

Coming into force on April 20th 2015.
Terms and Conditions