Pal - Terms of ServiceTable of Contents
1. Scope and general information
2. Functions of Pal, formation of contract
3. Right of revocation for consumers
4. Terms of payment and payment methods
5. Rights of use and responsibility for content
6. Term and Termination
7. Liability and warranty
8. Data protection
9. Modification of our Terms of Service
10. General provisions
1. Scope and general information
1.1. Welcome to Pal. For the purposes of these Terms of Service, “Pal” is our app and all its features, as well as our website and us (Pal App Limited) as the operator of the app. For more information, please visit our Imprint.
2.1. We provide you with various functions in Pal. Pal gives you the opportunity to interact in our social network, create a profile, find and meet friends ("pals"), interact with them, and create and participate in activities and events.
2.2. If you want to use the features of Pal, you can do so by yourself, as a couple, or as a group, but not for a company or a similar organization, as Pal is exclusively dedicated to consumers and may only be used for non-commercial purposes. You must be at least 16 years of age to create a profile. If you create a profile as a couple or a group, you must obtain the consent of the other people before creating the “couple” or “group” profile (and we will provide for this consent within Pal). Creation of a profile is at our sole discretion and we reserve the right to suspend any profile temporarily or permanently without prior notice and without giving reasons for doing so.
2.3. To create a profile, you must first create a Pal account. To do this, you must register with your name and e-mail address or via your Facebook or Google profile, and enter the details that appear in the input fields. Please make sure to provide your real name and valid email address, or choose the log-in via Facebook or Google profile, and choose a secure password. You must keep your password safe, and change it at regular intervals. You can, of course, always view, edit, or share with other users any information or delete this information at any time. If you want to change your name or e-mail address, you can contact us. You will receive important messages by e-mail. Please make sure that our e-mails do not arrive in your spam folder. If you do not wish to receive any e-mails from us, you can unsubscribe to them at any time, free of charge.
2.5. To use some features of Pal, you need Pal Coins. You can receive Pal Coins by viewing advertising on demand or purchasing the Pal Coins with real money. We will always inform you about our payable features and Pal Coins, including about the scope and price (including applicable VAT) before any purchase takes place. You can purchase Pal Coins by clicking on the "Pay for the order" button. Once you have clicked the “Pay for the order” button you are deemed to have made an offer to us for Pal Coins. A contract comes into existence only if we release or provide the Pal Coins to you. The provision of Pal Coins is at our sole discretion and we can refuse your offer at any time. Pal Coins are not redeemable for cash and must not be traded. If these Terms of Service are terminated (except if you are in breach of these Terms of Service when such reimbursement is at our sole discretion), we will reimburse the monetary value of any unused Pal Coins using the payment details that you supplied to us when making the original purchase.3. Right of revocation for consumers
3.1 If you purchase Pal Coins you have a right to withdraw from your purchase within 14 calendar days, commencing on the day after the date of your purchase (the “Cooling-Off Period”). However, once you have downloaded the Pal coins the Cooling-Off Period ends once the download has completed due to the nature of the goods. If you would like to exercise your rights under this clause, you must notify us (Pal App Limited, Kemp House, 152 City Road, London EC1V 2NX) or by firstname.lastname@example.org by means of a clear statement (letter or e-mail) about your decision to revoke this contract.4. Terms of payment and payment methods
4.1. When you purchase Pal Coins, your in-app purchase will be billed by your app store provider (such as Apple or Google), your payment method (such as your credit card), and according to the payment terms of the relevent app store.
4.2. If your payment is rejected and you are responsible for this (e.g., because you have reached your credit limit), we are entitled to charge you additional costs, or expenses as a result of any claims or losses we suffer due to your payment default.5. Rights of use and responsibility for content
5.1. Pal and its content (including all images, text, fonts and designs) is owned by us and our licensors (unless indicated otherwise) and is protected by copyright, trade marks, database rights, design rights and other intellectual property rights.. In order to make use of Pal, we grant to you a limited, non-exclusive and non-transferable right to use the contents of Pal in a non-commercial form and in accordance with our Terms of Service. Please use Pal only as we provide it to you. You are not permitted to, for example, distribute Pal (online or offline) or its contents without our prior written consent (which may be given in our sole discretion). Your right of use expires when the contractual relationship between us has ended or if you are otherwise no longer authorised to use any Pal function.
5.2. Any content that you provide to us via Pal is owned by you, or you otherwise have the permission to provide it to us. In order to be able to offer you Pal, you grant us a worldwide, perpetual, fully paid up and royalty free licence (a) to publish, host, store, reproduce, distribute, (b) modify, adapt, decompile and redesign (c) combine with other users' content, in accordance with your intellectual property rights and with all other content, and (d) sublicense, transfer or assign the rights granted under this licence grant to third parties, to the extent necessary for us to provide Pal to you. You will retain the ownership of all rights in your content.
5.3. You are responsible for the content you submit to Pal, including with respect to any content you provide on other users behalf’s.. We are not responsible for the contents of Pal, nor are we obliged to review the content that you submit to Pal. We do not take any responsibility for your content, the content of other users or the identity of a person, a couple or a group.
5.4. You promise that any content that you supply is factually correct and accurate and complies with all applicable laws and regulations. Irrespective of this, you are, in particular, not permitted to import content which is unlawful, misleading, malicious, discriminatory, pornographic, sexist, threatening, offensive, slanderous, obscene, defamatory, ethically offensive, promoting of incitement to violence, harassing, offensive, xenophobic or otherwise despicable or reprehensible. Any content that you submit must also be free of viruses, worms, trojans or other malicious code that could affect or impair Pal's functionality. You are also not allowed to unreasonably bother other Pal users, through spam, progressive customer advertising (e.g., chains, snowball, pyramid, multi-level marketing), or explicitly or implicitly or sexually by your actions.
5.5. You promise that the content that you provide to Pal does not infringe the copyrights or other intellectual property rights of any third party. This applies in particular to third-party personality rights as well as copyright, trade mark and other intellectual or industrial property rights of third parties. You must only upload content to Pal if you are the owner or valid licensor of such content. You are, therefore, obliged to not import any content that is in violation of any applicable law.
5.6. We are at all times entitled to delete or remove content which we believe is illegal or which violates our Terms of Service, without notice or reasons. If you violate our Terms of Service, we are also entitled to warn you, temporarily suspend your profile, or terminate your contractual relationship with us and hence your usage of Pal.
5.7. In the event that you violate these Terms of Service, you indemnify us from all reasonable claims of third parties for such breach, including any damages and reasonable costs incurred by us in respect of defending such claims in so far as these are not reimbursed by third parties (such as insurance). We reserve the right to take appropriate measures for the defense of claims of third parties and other justified claims against you.6. Term and termination of the contract
6.1. You may terminate your relationship with us at any time and without giving reasons. If you are logged in to Pal, you can delete your profile and cancel the contract. In order to protect you against unauthorized deletion of your profile, we may ask you to confirm your username, e-mail address or password when deleting your profile. Please note that after deleting your profile, we will delete all the content you have provided to us and you will not be able to access any existing content.
6.2. Either of us shall have the right to terminate these Terms of Service if the other party breaches these Terms of Service. In particular, we are entitled to terminate our relationship with you with immediate effect and to delete your profile if you are seriously or repeatedly violating our Terms of Service or are in default with your payment obligations despite a reminder from us that you are in default.7. Liability and warranty
7.1. We do not make any representations or warranties about any results that will be obtained through your use of Pal. In particular, we do not guarantee any particular results from your use of Pal or the participation by you in the activities and events of other users. You are solely responsible for participating in activities or events with other users, which may result in claims against you. We are not involved in such activities or events and are not liable for any claims or losses arising out of such activities or events. We do not, however, recommend that you do anything you do not want to do, or where you are not sure or where you do not feel comfortable for other reasons (for example, you should not participate in events in the dark if you are afraid of the dark and should not participate in physical activities that you are not up to, etc.).
7.2. Nothing in these Terms of Service excludes or limits liability for: (a) death or personal injury caused by our negligence; (b) fraudulent misrepresentation; or (c) any other loss or damage for which liability cannot be limited or excluded by law. Subject to the foregoing, we are not liable to you in contract, tort (including negligence or breach of statutory duty, misrepresentation or otherwise) or any other common law or statutory cause of action for any loss or damages arising out of or in connection with:
(a) the provision of Pal by us leading to any loss of goodwill, business opportunities, loss of profits or contracts, loss of anticipated savings, wasted management time or office time;
(b) your use of Pal, specifically: i. any errors or omissions made by you in relation to your use of Pal; ii. use of Pal in a manner contrary to the instructions given by us; iii. use of Pal after notice of any alleged or actual infringement from any appropriate authority;
(c)the provision of Pal or your use of it leading to a loss or corruption of content or data or losses or damage to any computer equipment, computer programs, data or other proprietary material caused by viruses, bugs, worms, trojan horses, bots or other harmful and destructive components;
(d) the failure of your software, hardware or connection to the Internet;
(e) any modification to Pal by anyone other than us; or
We reserve the right to change these Terms of Service at any time. We will notify you of changes in advance, endeavouring to give you four weeks’ prior notice. If you do not object to the validity of the changed Terms of Service within four weeks or if you use Pal after the Terms of Service have been updated, or otherwise confirm the amended Terms of Service, you are deemed to have agreed to be bound by the updated Terms of Service . If you do not wish to accept the updated Terms of Service you should not continue to use Pal.10. General provisions
10.1. We make every effort to provide Pal without disruption. However, we cannot guarantee that your use of Pal will be fault-free or that your access will always be available or uninterrupted. In particular, we may have to restrict the access to Pal or to certain functions in whole or in part, from time to time, and we reserve the right to discontinue the provision of Pal at any time and in our sole discretion. We may customize, modify or adjust Pal and the functions contained therein at any time – we do not guarantee that any particular function of Pal will be maintained.
10.2. These Terms of Service shall be governed by German law excluding UN-purchase rights (CISG) and any disputes arising out of or in connection with these Terms of Service (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Hamburg, Germany. Notwithstanding the foregoing, if you are a consumer who is resident in, and accessing Pal from another EU member state, you may have certain rights under mandatory consumer regulations in your place of residence and will be entitled to bring proceedings in your country of residence. 10.3. Each provision of these Terms of Service shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of these Terms of Service and the remainder of the provision in question shall continue in full force and effect.
10.4. Information on online dispute resolution: Since February 15, 2016, the EU Commission has provided an Internet platform for the resolution of online disputes (so-called "ODR platform"). The ODR platform is intended as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online contracts of purchase. This gives consumers the opportunity to clarify any disputes related to their online order without the intervention of a court. The Online Dispute Resolution Platform is available at: http://ec.europa.eu/consumers/odr/.© Pal App Limited – as of August 2017