1.1. As a technical service provider, SOLID Information Management GmbH (“Heartwalker” ) operates an offer (“platform”) on the Internet on which natural persons (“users”, “members”) can electronically describe themselves (“profiles “) of yourself, publish via the platform, search for other users within the portal using certain criteria and/or communicate with them within the portal. The following services in particular are offered as part of the platform:
1.1.1. The platform includes the entire offer that can be called up via the Internet address www.heartwalker.fr, provided that this is managed and/or operated by Heartwalker. Advertising, promotions, sweepstakes and cooperation, which are provided by third parties via advertising material and links and link to external offers, are not the subject of the platform operated by Heartwalker.
1.1.2. To use the offer, the user creates a profile under a pseudonym for the purpose of self-portrayal. Some information is mandatory for this — e.g. e.g. profile name, gender, age and email address — and others voluntarily, e.g. B. City, size, personal text, photos, etc. Heartwalker reserves the right to change the necessary information, but will always make this visible.
1.1.3. Using various search functions, users can find each other by specifying certain criteria and can call up the information set via the profile and contact each other within the platform.
1.1.4. After booking a fee-based membership, users can exchange public and private messages via the portal.
§ 2 Registration / access to the portal
2.1. A prerequisite for using the portal is successful registration by the user, in which the user enters a user name, a personal password and other data required to operate the portal. This data is stored in the user’s profile.
2.2. Only the person who has registered on the platform in this way is authorized to use the corresponding profile. Use by several people is not permitted. The user assures Heartwalker that the data provided during registration is complete and true.
2.3. The prerequisite for using the platform is that the user is at least 18 years old. In this context, Heartwalker is entitled to carry out spot checks and, in individual cases, to request proof of age. Profiles of users under the age of 18 can be deleted immediately by Heartwalker.
§ 3 Remuneration
3.1. Registration on the platform as well as setting, maintaining and changing profile information are free of charge for the user.
3.2. The exchange of public and private messages, the use of the “video chats” feature, the personalization of virtual gifts by means of a personal message to other members and other features of the exchange of messages are subject to booking a monthly membership fee of €4.99 including VAT possible, which can be booked separately.
3.3. The user bears his own costs and expenses incurred directly by the user through the use of the platform (e.g. dial-up costs, costs of an Internet connection, etc.).
3.4. If a membership has been booked that results in a return debit – be it due to an incorrect IBAN specified by the user, insufficient funds in the user’s account, a direct debit function in the user’s account at his bank that has not been activated or for other reasons – Heartwalker will pass on the costs incurred (bank fees of EUR 6.75 and possibly daily postage fees in the event of a postal reminder to the user) to the user. The user must pay for these costs in any case.
§ 4 Obligations of the user
4.2. The use of the platform is reserved exclusively for the purpose of presenting oneself using the range of functions offered and to interact with other members via the functions offered on the platform.
4.3. The user is solely responsible for the content of his registration and for all information that he provides about himself. He assures that he will only provide truthful information and will not pursue any business intentions. He will not use third-party data entrusted to him within the portal for commercial purposes.
4.5. The user is obliged to treat messages or other content that he receives from third parties in connection with the use of the platform confidentially and not to make them accessible to third parties without the consent of their originator.
4.6. The user is prohibited from providing their own or third-party personal data (name, address, telephone, fax and SMS numbers, e-mail addresses) and other contact information (such as pseudonyms of other members of this platform or other services). put in a profile.
4.7. The naming of internet addresses (links) to other websites is permitted in the profile, provided that the aim of the link is purely for self-portrayal purposes.
4.8. The user undertakes not to use the portal in an abusive manner. In this respect, he is particularly prohibited from
4.8.1. harass, threaten, deceive or harm other users or third parties;
4.8.2. create a profile or use a pseudonym that infringes the rights of third parties, is not solely for self-description, imitates the spelling of other pseudonyms to mislead other members, or is sexually or commercially oriented;
4.8.3. Post unlawful content or content that involves nudity or content that is offensive to other members on their profile;
4.8.4. to carry out activities or to send data which, due to their type or nature (e.g. viruses) or size or number, are likely to endanger or impair the existence or operation of the platform;
4.8.5. offer, distribute, make available or link to copyrighted or other protected content;
4.8.6. send messages with the intention of making a profit (spamming, scamming, hoaxes, advertising, classifieds, etc.) or make such content accessible, in particular by referring to other services of a similar nature;
4.8.7. to search for photo models or the like, also for non-commercial or private purposes;
4.8.8. Insert image material into the profile on which not only the respective user can be seen with a clearly recognizable face and which obviously does not only serve the purpose of a truthful and up-to-date self-portrayal of oneself;
4.8.9. operate more than one user profile at the same time.
4.9. In the event of a violation of the aforementioned provisions, morality or the rights of third parties, the user is liable to Heartwalker for compensation for all resulting damage if he is at fault. The user hereby fully indemnifies Heartwalker internally from any third-party claims resulting from violations.
4.10. In the event of any breach of the aforementioned provisions determined by Heartwalker, Heartwalker is entitled to immediately exclude the user from using the platform and to permanently delete the data he or she has entered.
4.11. In order to prevent commercial or system-damaging content from being sent within the portal (e.g. sending viruses or spam e-mails), Heartwalker uses electronic filters that search through the communication according to specified criteria and suppress individual messages and/or the respective user exclude from the platform.
§ 5 Termination
5.1. Each user is entitled:
5.1.1 To delete his profile from the platform without giving a reason. Deletions can be made directly via a function within the platform, in writing or by e-mail. Any deletion is considered an immediate termination of registration. Upon receipt of the user’s request for deletion, Heartwalker is entitled to irrevocably and permanently delete all data posted by the user. A deletion of the profile automatically leads to a cancellation of the automatic renewal of a paid membership (if booked), so that no separate cancellation of the membership is necessary.
5.1.2 To cancel the extension of a booked, paid membership up to 5 days before the end of the current booking period without having to delete your own profile. After the current booking period has expired, no new payment is due, and the range of functions will be reduced by the message functions from this point in time.
5.2. Already paid membership fees always extend to a full month (booking period) from the booking date and will not be refunded proportionately or retrospectively in the event of termination.
5.3. It is not possible to revoke a booking that has already been made, as Heartwalker will start providing digital access immediately after receipt of payment, i. H. the delivery of the service begins.
§ 6 Operation of the portal
6.1. Heartwalker is entitled to set up or rearrange the portal or to change it in any other way at any time, insofar as the change or deviation is reasonable for the user, taking into account the interests of Heartwalker. For technical reasons, there may be time and/or content restrictions on the availability of the platform or individual functionalities at any time. There is no entitlement to constant or trouble-free access to the platform, nor to uninterrupted usability or accessibility. This applies in particular if access to the platform is caused by disruptions that are not within the responsibility of Heartwalker.
6.2. Heartwalker strives to provide access to the platform 24 hours a day, 7 days a week. However, temporary interruptions to operations due to normal maintenance work, disruptions at third-party providers or network operators and in the event of force majeure are possible at any time.
§ 7 Rights
7.1. Unless otherwise stated, all rights to the platform and the associated content, designs, technologies or labels belong exclusively to Heartwalker. Uses by the user outside of the platform or outside of the purpose pursued by and with Heartwalker are not permitted without the prior written consent of Heartwalker.
7.2. Heartwalker is entitled to reproduce, distribute, publish and make available for public access all non-personal data entered by the user in his profile. This also applies – or at least analogously – to all other media such as print, TV or mobile.
§ 8 Data Protection
§ 9 Liability
9.1. With regard to Heartwalker’s liability, the following applies:
9.1.1. Claims by the user for damages are excluded. Excluded from this are claims for damages by the user resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Heartwalker, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
9.1.2. In the event of a breach of essential contractual obligations, Heartwalker is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the user is concerned with claims for damages resulting from injury to life, limb or health. In the case of this clause, liability for lost profits, indirect damage, consequential damage and claims by third parties is excluded.
9.1.3. The restrictions according to 9.1.1. and 9.1.2. also apply to the legal representatives and vicarious agents of Heartwalker if claims are asserted directly against them.
9.1.4. The provisions of the Product Liability Act remain unaffected.
9.2. Heartwalker is only liable for the recovery of data if the user has taken all necessary and reasonable data backup precautions and has ensured that the data can be reconstructed from data material that is available in machine-readable form with reasonable effort.
9.3. Apart from that, any liability of Heartwalker is excluded. In particular, Heartwalker is not liable for failures of the platform, for the loss, incompleteness or inaccessibility of the platform or damage of any kind due to denial-of-service attacks, e-mail spamming or computer viruses, which are caused by third parties and not by Heartwalker are represented.
9.4. The user is obligated to report any damage within the meaning of the above liability regulations to Heartwalker in writing or by e-mail immediately, so that Heartwalker is informed as early as possible and can possibly work with the user to limit or mitigate the damage. Irrespective of this, the user is also obliged to take measures to limit the damage.
9.5. Heartwalker has no influence on the content of linked websites. Any links provided by Heartwalker are provided solely for the purpose of improving information procurement for users. Heartwalker is not liable for the content and activities of such content.
9.6. Heartwalker is not responsible for incorrect information provided by the user when registering and for any misuse of the information posted in a profile or disclosed by the user to third parties, provided Heartwalker is not at fault.
10.4. If the user does not agree to the changes in the aforementioned ways, but does not object within two weeks after they were displayed to him, the changes to the GTC are considered accepted. The user will be informed of this fact when the changes are announced.
10.5. In the event that the user objects to the changes, he or Heartwalker can stop using the platform immediately.
§ 11 Final Provisions
11.2. In business transactions with entrepreneurs, legal entities under public law or special funds under public law, the place of performance and jurisdiction is Berlin, unless otherwise agreed.
11.3. The substantive law of the Federal Republic of Germany applies to the exclusion of the conflict of laws.