§ 1 Scope, definitions
(1) Justlin Ltd, hereinafter referred to as "the company", provides a communication platform with entertaining services (hereinafter: chat) on the Internet at the address "http://www.justlo.uk". These terms and conditions applyto each user of the chat as well as all belonging to the mentioned domain and subdomains, even if use or access from outside the Republic of Malta. With the registration or the subsequent login as a user, these terms and conditions are accepted and thereby part of the contract of the contract of use, which comes through confirmation of the registration by the company to conditions.
(2) A user, according to these terms and conditions, is anyone who uses the chat referred to in paragraph 1, in particular the communication and services offered there. The company expressly points out that chat controllers employed by the company operate and participate in the chat under various identities, in particular dialogues with other users. These are not explicitly marked or perceptible as a controller / moderator but are active in the chat via accounts / profiles. It is thus possible for an external, logged-in user to enter into dialogues with a company controller or moderator without recognizing himself / herself as such. The use of controllers working for the company serves, in particular, to ensure an exchange option even in the event of a possibly temporary lack of other (external) users and to monitor compliance with the user obligations. It is also pointed out that the person images associated with the individual profiles do not necessarily correspond to the natural person actually standing behind the profile, in particular applies to the controllers / moderators who are employed by the company and who can work under different profiles / identities. The company also has no possibility to verify the images assigned by external users to their own profile (see § 3 (6) of these conditions).
(3) The company is entitled to offer its customers a "match" function. If two users "like" each other within this match function (this is done by clicking on a corresponding button), these users can write to each other without restrictions and free of charge. The company assures that there will be no controller profiles within this match feature. The customer can therefore be sure that he communicates with a real external user as part of the match function.
(4) The company reserves the right to change these terms and conditions for objectively justified reasons (such as changes in the legal situation, market conditions or corporate strategy). The user will be informed by e-mail no later than two weeks before the planned change. A login after changing the terms and conditions can only be made after confirmation of the new terms and conditions. The further use of the chat by logging in after changing the terms and conditions is considered a declaration of consent of the user with the new terms and conditions. If the user does not agree to the new conditions, he will no longer be able to use the platform.
§ 2 Access
(1) The chat can only be used as a user after registering. The usermust complete the registration form completely and truthfully. If the information provided in the application changes, the user is obliged to update it immediately and to submit the changes to the company. After successful registration, the user will be confirmed by the pseudonym and password chosen by him, as far as there are no impediments (especially inadmissibility or already granted name). The registration of a pseudonym with offensive or insulting content can not be done. The user is obliged to keep his access data secret and to exclude unauthorized use by third parties. The communication and other services offered in the chat may only be used for personal use by the user. The feature as a user of the chat is personal and not transferable.
(2) Registration as a user is free of charge. Each user may at the same time only maintain a pseudonym and use the communication and other services of the chat with this account. Deviating from this, the controllers and moderators of the company (see § 1, section 2 above) can participate in the chat under different pseudonyms / profiles at the same time. There is no obligation to participate in the chat after registration / registration. However, the company has the right to delete an account and its contents (e.g.: access data, pseudonym) if it has not been used for more than 180 days and itbno longer has any credits. The user is informed of this by e-mail to the e-mail address provided by him at least one week before intended deletion; the deletion takes place if the mentioned conditions are present and the user does not re-login within the aforementioned period or expressly objects to the deletion. The pseudonym will be released for registration after deletion. With the deletion of the profile also all data records stored by the user are deleted, if there is no legal necessity for the preservation or this seems to be necessary for the preservation of evidence due to legitimate interests. With the deletion of the account ofthe contractual relationship ends.
(3) The use of the chat by the user is only permitted if he has reached the age of 18. By registering for the chat and confirming these terms and conditions, the user guarantees that the aforementioned conditions are in his person. The Company expressly points out that some offers of the chat may contain content that is not suitable for use by minors. The company provides a link free of charge on the website mentioned in § 1, section 1, which enables the free download of filtering software in order to protect minors from harmful contents of the internet.
(4) The company is entitled at any time, particularly in case of doubt of the correctness of the information given at the time of registration, to demand from the user evidence for its information, in particular by submission of official documents such as an identification document. The Company is entitled to block all or part of the User's access to the chat until proper evidence has been provided.
§ 3 Obligations of the user, contractual penalty
(1) Any use beyond private use pursuant to § 2 clause 1) of these terms and conditions, in particular use for business purposes (e.g.: advertising), is inadmissible. In particular, the occasional or mass mailing of identical or largely identical content (junk mail, spamming) is inadmissible. In any case of culpable violation of the prohibition of the commercial use of this website (e.g.: by sending promotional SPAM emails) a reasonable contractual penalty is due, the amount determined taking into account the seriousness of the infringement by the company and their equity are reviewed by the competent court can and should not fall below the amount of 2,500 EUR. The assertion of any further damage is thereby not excluded. A reversal of the burden of proof is not connected with this.
(2) The use of data or software which could unlawfully affect the hardware or software of the recipient is inadmissible. Any use is inadmissible for purposes in which a disruption of the data transmission occurs or which could lead to personal injury, property damage or financial loss. Access to the chat may only be via a web browser or through software previously authorized by the company.
(3) The user is not entitled to decompile, modify, translate, disassemble, modify or reproduce the chat software or any part, or have derivative works in order to develop it. The elements of the website mentioned in § 1 section 1) and the chat (in particular texts, software, HTML / Java / Flash source codes, photos, videos, graphics, music, sounds, etc.) are protected by copyright. Downloading and using is only permitted for private purposes within the scope of applicable law and these Terms and Conditions. However, reproduction, commercial exploitation, publication, distribution or transfer to another data format in electronic or other form is prohibited. The use of computer programs for the automatic readout of files is also inadmissible.
User may not take any action to automatically hide any advertising contained on the Website.
(4) It is inadmissible to commit acts against morality, law or unlawfulness during the use of the chat or to have them carried out by third parties. In that regard, it is inadmissible to send messages or data that have unlawful content or content that violates common decency. In particular, no criminally relevant, harmful to minors, illegal or otherwise unlawful or immoral content such. Pornographic, racist, violent, defamatory, offensive and / or personal rights third-party infringing content to be distributed, offered or made accesible is inadmissible. In addition, the User may not offer, announce, promote or otherwise make available sexual acts. It is inadmissible to threaten or harass others. It is inadmissible to promise or demand money or monetary benefits. Chain letters may not be sent. Goods or services may not be advertised. The distribution of improper content may result in criminal and / or civil prosecution. The company is entitled and under certain circumstances obliged, with knowledge of inadmissible contents to lock these immediately or remove and inform the competent authorities - if necessary, after preservation of evidence. In particular, in the event of suspicion, the company is entitled to secure the actions of the users as well as the content in question. Claims of the user due to the removal of a content or the blocking of access to the content and / or the temporary or permanent blocking of the userare excluded.
(5) It is inadmissible to distribute or reproduce copyrighted or otherwise protected works or other contents (eg performing arts, music, literature, software, etc.) via chat, to make available through links or otherwise to use without the legal requirements
(6) The user is responsible for his communication and content (e.g.: links, images, other files, text content) created by him and published in the chat. The Company is not obligated to check its content for legality prior to publication or to regularly check the chat for possible inadmissible content in accordance with these terms and conditions. The User indemnifies the Company against all third-party claims for infringement of its rights through inadmissible contents set by the User in accordance with these Terms and Conditions. In particular, the user must compensate the company for all damages incurred by the company as a result of third parties claiming the company for infringement of their rights.
(7) Instructions of the company or its employees (in particular controllers / moderators) to maintain order within the chat must be followed immediately.
(8) The user is obligated to treat mail addresses and other messages or other data of users, which he receives in connection with the use of the chat, confidentially and not to make these accessible to third parties without the consent of the authorized person. The use or transmission of any data by non-users is prohibited.
(9) In the case of a violation of these terms and conditions by the user, in particular, if incorrect data is provided in the context of the registration or in case of a breach of the user obligations according to § 3 of these terms and conditions, the company is entitled to exercise its website right. The company is entitled to temporarily suspend the affected account, if necessary delete parts of a profile without consultation or terminate the contract for good cause without notice and permanently exclude the offending user from participating in the chat as well as the content used or contributed by him in full to delete. The decision on the measures to be taken is at the discretion of the company, taking into account and assessing the individual case and the gravity of the infringement.
§ 4 Duties of the company
(1) The company provides chat to the general public for the private exchange of information and private use of the communication and other services offered. The availability of the platform is 97.5% on an annual average. This does not include necessary regular maintenance and those periods when availability is limited due to events beyond the control of the platform operator (eg, force majeure, third party action, technical issues or changes in the legal situation).
(2) The company expressly reserves the right to change, restrict or discontinue the services offered at any time; in connection with chargeable loans, § 7 (2) last subparagraph must be observed. The Company has the right, but not the obligation, to check content placed in the chat such as texts, photos, graphics etc. for compatibility with the laws or these General Terms and Conditions and, if necessary, to take action in the case of infringements, in particular the respective contents without consultation to delete. The user has no legal claim to publication of his data and content.
§ 5 Use of the chat
(1) The company offers chat communication and other services. The company allows users to access the database system of the chat, through which users of closer acquaintances, sports, travel, household effects, etc. can get to know each other. In addition, other services are offered. The subject of the chat is expressly not mediation or marriage. Both free services and paid services are offered. The "currency" in the chat are the "coins". Coins may not be misused as virtual merchandise.In particular, theycan not be sold for money or other monetary benefits. For the use of certain services, a fee in the amount of a certain number of coins is payable. Before the respective use of a paid service, the user is informed that this service is chargeable and which costs are incurred in the form of coins. The service may be used after payment of the notified costs from the user's account.
(2) The userhas the opportunity to acquire coins. These are offered in differentpackages. The company provides various payment services for payment. The user determines the method of payment and the number of coins to be acquired, which should be credited to his user account after payment. After payment, the purchased coin amount will be credited to the user's account and can then be used by him.
(3) If the payment by the user does not occur correctly or fails for reasons for which the company is not responsible (in the event of missing account funds, misrepresentation of account details, etc.), no credit will be given. Coins already credited for this transaction will be deleted from the useraccount without further notice. The Company reserves the right to refuse payment in this way by reference to the transaction that has already failed. Any costs incurred by failing (e.g., bank charges) will be borne by the user.
(4) The user can view the account balance in the chat via his account. The company secures the account data with appropriate measures, which correspond to the usual respective state of the art, against loss, in particular by backup systems. However, it is expressly pointed out that it is not possible to protect hardware and software against any external abuse and data loss. Invoicing or document delivery for purchased credit balance is not possible.
(5) Messages of the enterprise to the user take place either over appropriate screen masks after logging in or by e-mail to the most recently e-mail address announced by the user.
(6) Communications from users to the company must be sent by e-mail to the companies listed on the E-mail addresses or by mail to Justlin Ltd., 48 Stella Maris Street, SLM1765, Sliema, Malta, stating the name and address and the company's, user e-mail address and alias respectively.
(7) The user can create links to other websites or sources. The Company has no control over this and is not responsible or liable for the availability of such external websites or sources, does not endorse any content accessible from such websites or sources, and excludes any liability or warranty with respect thereto; if there is no positive knowledge of the illegality of the contents by the company and the company did not delete the link immediately. If the Company receives an indication that there is a link in the chat to an external site where third-party content is disseminated that conflicts with these terms and conditions, the Company may remove the link. The use or linking of copyrighted material is only permitted to users as far as this is done within the framework of the applicable legal provisions and the respectively applicable conditions of the copyright holder or the user has been allowed to do so separately. Users may not reproduce, transmit, distribute, publish, exploit, transfer in any other way in electronic or other form to another data format or use in any other way beyond the permitted scope. In particular, it is inadmissible to use brand names or trademarks, regardless of whether this is done in original or modified form or by linking to another domain on the Internet, as long as there is no authorization.
Should third parties assert claims against the company as a result of an act / omission of the user in this respect, the user indemnifies the company from any claim on the first request, provided that he is responsible for the breach of duty.
§ 6 Purchase of coins - Information on the conclusion of the contract
(1) The chargeable services (such as coins) offered on the website constitute a non-binding invitation to the customer to purchase these services. By submitting the order (click on the button "buy now") on our website, the customer makes a binding offer for a contract.
(2) The acceptance of the contract takes place by crediting the services to the customer's account or by asking the customer to pay after submitting the order (for example, PayPal payment). If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the acceptance is not declared within the aforementioned period, this shall be deemed a rejection with the consequence that the customer is no longer bound by his declaration of intent.
(3) The contract text is not saved by the company when purchasing services.
(4) Prior to the binding submission of the order via the supplier's online order form, the customer can correct his entries continuously using the usual keyboard functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard functions.
(5) Only the German language is available for the conclusion of the contract.
(6) The statutory warranty right applies.
§ 7 End of contract
(1) The contract is concluded for an indefinite period. The company is entitled to terminate the user agreement for participation with the user at any time with one month's notice. The reservation of the chat pursuant to § 4 clause 2) is still reserved. The user is entitled at any time to terminate the contract without giving reasons and unregister. The right to terminate without notice (in particular according to § 2 section 2) and § 3 section 9) of these general terms and conditions) remains unaffected. Termination is by e-mail or in writing. In order to prevent abuse by third parties, the termination of the user must contain information on the user identification.
After termination of the contract, the data set stored for the user will be deleted after eight (8) weeks, unless a storage of the data is ordered by the authorities, legally required or for the purpose of securing evidence in accordance with § 3 (4) of these conditions. After the deletion a rebuilding of the account is not possible.
(2) If at the end of the contract the user has paid and not yet used up (credit balance), he may request payment of the balance; in the case of a corresponding request, the corresponding amount in Euro / Cent will be refunded to the user within three weeks. The refund will be made on the same form of payment used for the deposit. If different means of payment are used, the reimbursement will be made on a pro rata basis, taking account of the consumption in the meantime, on the means of payment, the burden of which will result in the remaining credit balance. In case of doubt, the consumption will be charged first to the first used means of payment, then to the other, etc. It shall be the responsibility of the User to notify the Company immediately after the end of the contract if the means of payment used for the deposit ceases to exist and to provide evidence thereof (such as confirmation from the account-holding or card-issuing institution). If the means of payment used no longer exist, the user must name a means of payment for which the refund is to be made. In connection with this notification, the user is obliged to provide evidence of his / her entitlement to the originally used means of payment and proof of his / her entitlement to the means of payment currently to be used for the refund by means of suitable documents (eg bank confirmation, confirmation from the credit card company or similar) to provide proof of identity by sending a certified photocopy of his valid identification document. The period for the repayment begins with the end of the contract, in the latter case, however, at the earliest from the receipt of an express notification of the user on the recipient's account and sending the proof. The reimbursement is not possible if the Company has reasonable doubts about the entitlement of the User to the means of payment originally used or currently notified for repayment, or if the User does not provide the necessary evidence, it is entitled to refuse payment or to deposit the amount until appropriate evidence has been provided. The repayment claim expires if the required proof is not available within 3 months after the contract has been terminated. A refund of the credit is excluded if the user, in particular fornon-compliance of the terms and conditions (for example, § 2 clause 3) or § 3) terminated without notice and / or his account was blocked / deleted.
A claim for reimbursement is also excluded if the company has to discontinue the chat for operational or other reasons. This only applies if the company informs the user about this in good time, at the latest two months before the final date, and gives the usersufficient opportunity to consume any existing credit balances. In that regard, however, reference is made to § 4 (1) of these conditions.
§ 8 Liability
(1) The Company assumes no liability for any disruptions, delays, errors and / or other obstacles to performance that are due to the defectiveness or incompatibility of the software or hardware of the provider or the user. The company also assumes no liability for access and availability of the Internet. Availability may be temporarily limited due to maintenance or other reasons. Liability for consequences of limited availability - of whatever kind and for whatever reason - is excluded.
(2) The company shall be liable without limitation in the case of intent or gross negligence, in the event of intentional or negligent injury to life, body or health or due to mandatory statutory provisions or when assuming a guarantee.
(3) In the event of a negligent breach of a material contractual obligation, the company shall be liable for the amount limited to the contract-typical damage foreseeable at the conclusion of the contract, unless a case of unlimited liability exists. Significant contractual obligations are those obligations the fulfillment of which enables the proper performance of the contract in the first place and on the compliance of which a party may regularly rely.
(4) For the rest, the liability of the company is excluded.
(5) The above liability regulations also apply with regard to the liability of the company for its indirect agents and legal representatives.
(6) Should the company be claimed because of the customer's behavior contrary to the law or the contract, the customer exempts the company from all claims of third parties. This includes the reasonable costs of legal defense (in particular court and lawersfees) in its statutory amount. Sentences 1 and 2 do not apply if the provider / user is not responsible for the infringement. Irrespective of this, however, the customer is obliged to inform the platform operator without delay of any impending third-party claims.
§ 9 Final Provisions
(1) The service provider of the chat is Justlin Ltd., 48 Stella Maris Street, SLM1765, Sliema, Malta.
(2) These terms and conditions and the legal relationships between the user and the company are governed by the law of the Republic of Malta excluding Maltese conflict of laws. The applicability of mandatory standards of the state in which the user has his habitual residence at the conclusion of the contract remains unaffected.
(3) The place of jurisdiction for all legal disputes arising from the contract is Valletta, provided that the user is a merchant, a legal entity under public law or a special fund under public law and no exclusive jurisdiction exists for this matter.
(4) The possible ineffectiveness of individual agreements of these conditions has no influence on the effectiveness of the conditions in its remaining parts.
§ 10 Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
That platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in a consumer dispute settlement proceeding under the VSBG.
Our e-mail address can be found in the heading of these terms and conditions.