GENERAL TERMS AND CONDITIONS
1.1. The present Terms and Conditions shall apply to the following services of LoversLOC GmbH, Sophienstr. 26, 76530 Baden-Baden (hereinafter referred to as „we“ or „us“) on the internet platform "www.LoversLOC.com" (hereinafter referred to as „Platform“):
1.1.1. Following your registration on the Platform you may place - or have placed - a (digital) love lock on a map at a location of your choice (hereinafter referred to as "Love Lock"). The Love Lock may be enriched with text, pictures, videos and/or other content, such content to be provided either by the Platform provider (hereinafter referred to as "Provider Content") or by yourself (hereinafter referred to as "User Content"). The Love Lock shall be made available on the Platform for the agreed usage period (hereinafter referred to as "Usage Period").
1.1.2. You may send, via Platform email, to the person who is your counterpart of the relationship subject to the Love Lock (hereinafter referred to as "Your Partner"), a link to such Love Lock. Your Partner will then be able to access the Love Lock via such aforesaid link.
1.1.3. You may either limit the visibility of the Love Lock on the Platform to Your Partner; in such event only Your Partner will be able to see the Love Lock (via the submitted link). Or you can make make the Love Lock visible to the general public on the Platform.
1.2. Our offers, deliveries and performances shall solely be subject to the present Terms and Conditions. Contradicting or additional terms and conditions of the user shall not become part of the contract.
2.1. Registrants are obliged to enter complete and correct information. No information concerning third persons may be used without such persons’ consent.
2.2. You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.
3.1. Only if and once you order an applicable service on our website (Love Lock, Provider Content or similar), such purchase order of yours shall constitute a binding offer to conclude the respective contract. You can submit a purchase order in that you put one or more services into the shopping basket, run through the remaining order process on the website and enter the data as requested in such context. Prior to sending off your purchase order, you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us.
3.2. We may accept your offer by
- submission of a confirmation of order by post, fax or email
- making available of the applicable service on the Platform, or
- request to make payment.
3.3. Languages made available for conclusion of the contract shall be English and German.
4.1. You may not use any personal information of Your Partner in connection with the Love Lock without Your Partner's prior consent to such use. Personal information within the aforesaid meaning is information on personal circumstances or otherwise relating to a person and which can be assorted to a specific or identifiable natural person. Accordingly and without limitation, you may not use a picture or the name of Your Partner in connection with the Love Lock without Your Partner's prior consent.
5.1. Part of the services made available on the Platform are subject to a remuneration. The prices are listed on the website and/or in our offer.
6.1. You shall grant us, for the duration of the Usage Period,the worldwide right to use the User Content which you make available on the Platform, in connection with the Platform and for the purposes of same.
7.1. You shall enter and/or make available on the Platform only lawful User Content (text, pictures, videos etc.). User Content and/or making available of same on the Platform, may not conflict with any third party rights whatsoever (e.g. rights in the name, trademark rights, copyrights, personality rights etc.), including without limitation of Your Partner. You need to be in control of the rights for entering and/or making available the User Content on the Platform, and you must comply with applicable data protection laws in such context.
7.2. User Content, whether in pictures or words, must not contain any representation of violence and must not be sexually offensive. User Content must not contain any discriminating, offensive, racist and/or defamatory statements or representations and/or which are otherwise unlawful or unethical.
7.3. As we will contact Your Partner by email in order to notify him/her of the Love Lock and in order to send him/her a link to same, you must only elect such person as Your Partner who you may expect, without reasonable doubt, to agree to the receipt of email messages from you.
8.1. You shall be responsible to secure, within reasonable time intervals, any content entered by you into the Platform (by way of copy and paste) so that you will be able to access and use the respective data independent of the Platform.
9.1. We shall be entitled to block User Content at any time where such content and/or use of same is in conflict with the present Terms and Conditions, any third party rights and/or the applicable laws.
9.2. In case of blocking you shall have the possibility to use, for the remainder of the agreed Usage Period, other (permitted) content for your Love Lock as a replacement.
9.3. The right of termination for cause under the applicable laws shall remain unaffected.
10.1. Our liability for damages shall be subject to the following:
10.1.1. In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
10.1.2. In case of a damage to property or a financial damage, we ourselves as well as any persons assisting us in the performance of our obligations, shall only be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning are such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
10.1.3. Otherwise, any liability for damages of any kind, regardless of the respective underlying cause of action, shall be excluded, except if and to the extent that we are liable under mandatory applicable laws, including without limitation because of the acceptance of a guarantee or under the German Product Liability Act ("Produkthaftungsgesetz").
11.1. The laws of Germany shall apply. Where the customer is a Consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
11.2. For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at the Customer's location instead.