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Terms & conditions

1. General Information

These General Terms of Use govern your rights and obligations when using the internet portal www.ohlala.com (the “Portal”) and the Ohala mobile application (the “App)” as a user (Portal and App hereinafter jointly referred to as “Ohlala Services”). Your contract partner is Spreefang GmbH (the “Provider” or “Ohlala”) who runs the Portal and the App. Full details for the Provider can be found in our Imprint.

The Provider makes it possible for users (the “User” or “Users”) who are registered with the Ohlala Services and who make their profile visible on the Portal or in the App to establish contact with other users in order to arrange dates with other users (in this case “Potential Dating Partners”). After sending a request and receiving an application the Potential Dating Partner, Users can view their Potential Dating Partner’s profile and agree a meeting with a Potential Dating Partner in the chat feature.

By registering, you initially establish a free contractual relationship between Ohlala and you as the User. This relationship follows the regulations of these General Terms of Use. The purpose of this contractual relationship is to facilitate contact between Potential Dating Partners through Ohlala. Ohlala is not a party to any contracts concluded between Potential Dating Partners.

The Ohlala Services are exclusively intended for persons over the age of 18 who are fully legally competent.

2. Scope of application/Amendments to these Terms of Use

These General Terms of Use apply to the contractual relationships between the Provider and the User with respect to the use of the Ohlala Services. Contradictory or deviating conditions of the User are explicitly rejected. Such conditions shall only be acknowledged if the Provider consents to their validity in writing.

The Provider reserves the right to amend these General Terms of Use at any time on the basis of changes in the legal situation or rulings of the higher courts with effect for the future insofar as such amendments do not unreasonably disadvantage the Users. Amendments shall be disclosed to the User by e-mail at least two (2) weeks before coming into force. The amendments are considered approved if the User does not object to such within six (6) weeks of being informed by Ohlala by sending an email to [email protected]

The Provider shall make special reference to the User’s opportunity to object and to the significance of the deadline in its notice. If the User makes use of his/her right to object by the deadline, Ohlala has the right to terminate the user agreement with the User with effect at such time, as the amended Terms of Use are to come into effect. The User will also be made aware of this fact separately.

3. Registration

To use the Ohlala Services, Users must register and set up a user account (the “Account”). You do not have a right to admission. The Provider is entitled to reject registrations without specifying its reasons. Only persons who are of age and legally competent without restriction are permitted to register as a User. Minors are explicitly prohibited from registering. By clicking on the “18 years old” button, the User assures and guarantees that he/she is of age.

Registration is free. The contact details and other information requested from you during the registration process must be specified correctly and in full (e.g. address, date of birth, email address, gender etc.). The Provider shall grant the access applied for after successful registration. After successful registration, the User is entitled to use the Ohala Services within the framework of these Terms of Use. During the registration process, the User will be asked to enter his/her telephone number and a password. These details can be used to log in to the Portal once access has been granted. It is the responsibility of the User that his/her username does not infringe on the rights of third parties, in particular name or trademark rights, or offend good morals. These login details, including password, must be kept secret by the User and not made available to unauthorized third parties. It is furthermore his/her responsibility to ensure that only he/she accesses the Ohlala Services using his/her login details. Users must inform the Provider immediately if they are concerned that unauthorized third parties have gained or will gain knowledge of their login details.

The User is liable for any and all use and/or other activity performed by his/her account according to the legal provisions.

4. User Profiles on the Portal and in the App/Selecting Profiles

Ohlala allows Users to make contact with Potential Dating Partners and to view their Profiles and the information contained within these Profiles (information, images, videos etc.) on the Portal or in the App. To display Profiles of Potential Dating Partners, Users must first create a nonbinding request (the “Request”) which Ohlala will forward to available Potential Dating Partners in their local area. If interested, these Potential Dating Partners will apply to the request (the “Application”), at which point they also make their Profile visible to the requesting User. If Profiles are to be selected based on location, the User must first give Ohlala permission to obtain their personal location data and transfer such to Ohlala by accessing the corresponding resources on his/her device or software. If permission is not granted, the User must make his/her selection manually, e.g. by entering his/her ZIP code.

The information provided within an Application, including the profile information of the Potential Dating Partner, is provided to the User in his/her user database so that he/she can access this Application at a later time (including after the end of the Application process) to open up a new and paid-for chat.

As soon as a User uploads content in the “Ohlala Models” area, her profile is publicly visible for other Users even if no Application to a Request has been made. However, the User has the option of setting her Profile to “Private” under the “Settings” tab so that her profile is only displayed to Users whose Requests she sends an Application to.

Further information on using personal location data can be found in our Privacy Policy.

5. Agreeing on Dates

To create a Request, Users specify a duration and start time that they want for a Date with other Users in order to send a free-of-charge Request to Potential Dating Partners registered with Ohlala as part of the Request process. Ohlala only sends the Request to the Potential Dating Partners once the User has pressed the “Send Request” button.

The Potential Dating Partners can react to the User’s Request and get in touch with this User. Provided the function is activated on his account, the User will receive a text message to the phone number he provided once an Application is received from a Potential Dating Partner. If this function is not activated, Applications to a User’s Request from Potential Dating Partners can be viewed on the Portal or in the App.

Even if the details of the meeting have already been discussed or agreed in the chat, the Dating Partners are not obliged to stick to specific commitments. It is furthermore at the complete discretion of the Dating Partners how they reach an agreement.

Ohlala offers Users the option of continuing to chat with other Users even after the Application process. The User will be provided with the details from the preceding Application process for this purpose. Using these details, Users can open a paid-for chat. After this, the chat is kept open for 24 hours and its status changed to “Open Application”.

6. Free and paid-for services

Immediately after the User has registered on the Platform and created an Account, he/she will receive corresponding confirmation via email and text message. After successfully registering and setting up an Account, the User is given a one-time, free-of-charge credit of 75 Coins which he/she can use immediately. Ohlala offers Users various paid-for services alongside its free options. Paid services are paid for using so-called “Coins” which the User can purchase beforehand.

The contractual basis for these paid services is also these General Terms of Use. Before concluding a paid-for contract, the User is informed specifically of the content of the paid service in question, the prices, and the payment terms for the purchase of the Coins. By pressing the “Buy” button, the User declares that he/she wishes to conclude a contract concerning the paid services he/she has selected. The contractual relationship relating to this arises once the order is confirmed by Ohlala in the form of a corresponding notice.

An overview of paid services and prices in Coins can be found here under the “Buy Coins” tab. An up-to-date overview of the paid services and prices in coins is always available under the “Buy Coins” tab.

The Provider is entitled to change the prices to suit market conditions a maximum of once per quarter. In the event of price increases which are not proportionate to the consistent rise in living costs, the User has the right to terminate. In such case, the User shall inform the Provider in text form.

7. Ohlala Models

Registered Users have the option of uploading photos and videos to their Account using the “Ohlala Models” function. When doing so, Users can choose whether this content should be private or public using their Account settings. Private content cannot be viewed by other Users. If the User uploads photos to her account, then her Profile is initially made public automatically, meaning that it can be viewed by all other Users. However, the User can then change her Profile back to private under the “Settings” tab, meaning she can decide that her Profile is only visible when she sends an Application to a Request. Ohlala reserves the right to review the content and, in the event of prohibited use – in the sense of Sec. 9 – to prohibit Users from uploading content or to remove the offending content.

The User can decide whether or not her content can be viewed for free or as paid-for content. The prices for paid-for content are set by the User herself. Paid-for content can be unlocked and then viewed by Users using Coins. The Coins are then credited to the coin account of the User whose content it is.

As soon as the content has been unlocked by other Users using Coins, the User can no longer relock the content. The User can only decide that the content should not be made available to unlock for other Users in the future.

The User can cash out her Coins in euros. To do this, the User must specify a bank account and upload a form of ID (KYC). The Provider verifies the identity and checks that it matches the identity on the bank account specified. The User can only apply for a Coin cash-out after being successfully verified by the Provider. The Provider then arranges the payout. Payout can be requested from a balance of EUR / USD 100. From request to actual payout the processing time my require up to 14 working days in EU countries and 20 working days in non-EU countries.

8. Guarantee

It is hereby made clear that the Provider renders a purely middleman service between the Users and is not liable for activities that are conducted or occur outside of the Ohlala Services provided. In particular, the Provider is not responsible for (i) the agreement of meetings between the Users; (ii) the actual implementation of the Date details discussed; or (iii) satisfactory contact between the Dating Partners. From such time as a Date is accepted or confirmed, it is the Dating Partners alone, and not the Provider, who are responsible for implementation of the Date and communication between the Users.

9. Content protection, responsibility for third-party content

The content available in the Ohlala Services is predominantly protected by copyright or other property rights, and is the property of respectively the Provider, the Users, or other third parties who have provided the content in question. The composition of the content as such is protected where appropriate as a database or database work in the sense of §§ 4.2, 87a.1 UrhG (German Copyright Act). The User may use this content pursuant to theses Terms of Use only, and only within the framework stipulated on the Portal and in the App.

In some instances, the content available on the Portal and in the App originates from Users and other third parties (the “Third-Party Content”). The User is obliged to handle emails and other messages from other Ohlala Users confidentially, and not to make such available to third parties without the consent of the copyright holder. This also applies to names, telephone and fax numbers, home and email addresses, and/or URLs or other personal data of our Users. Chats between Users are confidential. Therefore, each User alone bears responsibility for his/her own content, dissemination etc., and releases Ohlala of any and all liability in this respect. The Provider does not conduct any review of Third-Party Content for completeness, correctness, or lawfulness, and therefore does not assume any responsibility or guarantee for the completeness, correctness, lawfulness, or up-to-dateness of the Third-Party Content. This also applies with respect to the quality of the Third-Party Content and its suitability for a specific purpose, including where Third-Party Content refers to linked external websites.

10. Prohibited uses

Users may use the content available in the Ohlala Services for communication and arranging Dates only. Commercial use of the Ohlala Services beyond this is prohibited unless the User was given explicit and written consent for such use by the Provider beforehand. Unless performed within the framework of use of Ohlala Services as stipulated in these Terms of Use, prohibited commercial use includes, in particular, all offers and advertisements for paid content, services and/or products made by both the User himself/herself and such third parties; all offers, advertisements and conducting of activities with a commercial background, such as competitions, prize draws, exchanges, small ads or snowball systems; any and all electronic or other collection of identifying and/or contact information (including email addresses) of Users (e.g. for the unsolicited sending of emails).

Users are prohibited from conducting any and all activities in or in connection with the Ohlala Services which breach applicable law, infringe on the rights of third parties, or violate the principles of protection of minors. Users are also prohibited from undertaking any action that is liable to impair the smooth running of the Portal and/or App, in particular overloading the Provider’s system. The User is in particular forbidden from undertaking the following without restriction:

  • Uploading and disseminating insulting, abusive, offensive, racist, or threatening content, content which violates the protection of minors and personal privacy, or other illegal content;
  • Uploading and disseminating content that was wholly or partly copied from other protected content without the consent of the respective copyright holder;
  • Uploading and disseminating content which impairs or infringes on the rights of third parties, in particular rights to privacy, copyright or other intellectual property rights, and all other third-party rights;
  • Using the Ohlala Services for the purposes of advertising;
  • Making incorrect statements or providing incorrect information, and providing data and information of third parties;
  • Using data and information of other Users without their explicit consent;
  • Selling or otherwise transferring their Account on the Portal/in the App;
  • Attacking the Ohlala Services using viruses, or malware, or in any other harmful manner;
  • Modifying, manipulating, circumventing, overloading, or disrupting the Ohlala Services and their underlying software and security system.

The Provider reserves the right to refuse to upload content, and to erase or remove such content which, at the discretion of the Provider, breaches these conditions, third-party rights, or applicable laws, or which otherwise appears to be unacceptable or inappropriate.

In the event of suspected unlawful or criminal acts, the Provider is entitled and, where applicable, obliged to review the activities of the affected User and, where appropriate, to take suitable legal steps to prohibit the unlawful or criminal act. This may also include passing on a case to the state prosecutor.

Should the User become aware of any illegal, abusive, noncontractual or otherwise unauthorized use of the Portal or App, he/she is asked to send an email to [email protected] The Provider will then review the events and take appropriate measures as applicable.

11. Ban on use

Minors are prohibited from registering for and using the Ohlala Services. If there is a suspicion that a User is underage, the Provider must be notified immediately and the Profile in question specified.

In case of legitimate suspicion, the Provider reserves the right to demand proof of legal age from the User. The Provider is entitled to temporarily suspend an Account until legal age has been proven. If no absolutely certain evidence of legal age is furnished, the Profile in question will be erased.

12. Blocking access

The Provider may temporarily or permanently block a User’s access to the Portal/App if there is concrete evidence that he/she has breached or is in breach of these General Terms of Use and/or applicable law, or if the Provider otherwise has a legitimate interest in blocking access. When deciding to block access, the Provider shall take into account the legitimate interests of the User in question appropriately. In the event of a temporary or permanent block, the Provider blocks access rights and informs the User of the block via email. In the event of a temporary block, the Provider reactivates access rights after the end of the block period and informs the User of the reactivation via email. A permanently blocked login profile cannot be restored. Permanently blocked Users are permanently excluded from using the Ohlala Services and may not re-register on the Portal or in the App.

13. Guarantee and responsibility of Users

The User alone is responsible for his/her Account and for the content he/she creates on the Ohlala Services. He/she guarantees that he/she shall use the Ohlala Services pursuant to these Terms only. The User guarantees in particular that he/she shall not use the Ohlala Services in any impermissible way – as defined under Sec. 10.

The User guarantees and assures:

  • that all information, images, photographs, videos, and all other content posted, transmitted, or otherwise published on Ohlala does not infringe on any third-party rights or violate applicable law;
  • that the content he/she creates and adds does not contain any of the content listed under Sec. 9;
  • that he/she is the copyright holder of the user content or the holder of all intellectual and commercial property rights to such;
  • that he/she has not granted any exclusive rights of use and/or other rights to user content to third parties.

Ohlala is unable to monitor and control user content. Ohlala is not responsible or liable for the availability, accuracy, completeness, up-to-dateness, or lawfulness of user content.

14. Indemnification

The User shall indemnify the Provider, its representatives, its employees, and its agents of any and all damages (e.g. liability claims from third parties or costs for legal proceedings) which the Provider incurs due to actions or omissions connected with (i) the behavior of the User within the Ohlala Services; (ii) the content of Users; or (iii) a breach of guarantees and responsibility on the part of the User pursuant to Sec. 13.

Should such claims be enforced on the part of third parties, the User shall give the Provider all available information that is of use for reviewing the claim and undertaking a corresponding defense. The User shall provide this information immediately, truthfully, and in full.

Indemnification according to this Sec. 14 does not apply to claims of third parties resulting from the failure of the Provider to immediately erase or block content after becoming aware that such infringes on the rights of third parties.

15. Liability of the Provider

The Provider shall undertake all efforts to render a permanent and high-performance service in collaboration with his partners and data processing centers. Potential downtimes due to malfunctions or maintenance work must be expected and these shall not constitute a defect in service. The Provider cannot guarantee this its website or software are free of viruses or other harmful components.

The Ohlala Services are available 24 hours a day, seven days a week with an average annual availability of 99%. This excludes downtimes due to maintenance and software updates, as well as periods where the service cannot be accessed via the internet due to technical or other problems beyond the control of the Provider (force majeure, fault of third parties etc.). In order to be able to use the Ohlala Services to their full extent, the User must use the latest (browser) technologies or permit the use of such on his/her computer (e.g. activate JavaScript, cookies, pop-ups). If using older technologies or technologies not generally in common use, it may be the case that the User can only use the services of the Provider to a limited extent.

The liability of Ohlala for damages – for whatever legal reason – is excluded; this exclusion of liability does not apply to:

(i) damages resulting from loss of life, physical injury, or damage to health based on an at least negligent breach of obligations on the part of Ohlala or a legal representative or agent of Ohlala;

(ii) damages which are based on an at least negligent breach of obligations on the part of Ohlala or a legal representative or agent of Ohlala regarding material contractual rights and obligations which are indispensable for the orderly execution of the contract, provided the achievement of the aim of the contract is threatened by such (cardinal obligations);

(iii) damages based on a willful or grossly negligent breach of obligations on the part of Ohlala or a legal representative or agent of Ohlala;

(iv) liability according to the Produkthaftungsgesetz (German Product Liability Act);

(v) assumption of a guarantee.

The limitation of the Provider’s liability according to this Sec. 15 also applies to the personal liability of the Provider’s representatives, employees, agents, and proxies.

16. Term

This User Agreement is concluded for an indefinite period and can be terminated by either Party with immediate effect. Termination by the User is made by sending an email to [email protected]

17. Privacy

The use of personal data of the User by Ohlala is in line with the Privacy Policy of Ohlala.

18. Applicable law, place of jurisdiction, severability clause

These General Terms of Use are subject to the law of the Federal Republic of Germany under exclusion of the UN CISG (Convention of Contracts for the International Sales of Goods).

With respect to Users who are merchants in the sense of §§ 1 ff. HGB (German Commercial Code), exclusive place of jurisdiction for all disputes arising from the User Agreement regarding Ohlala Services is Berlin.

In the event that the User has no general place of jurisdiction in Germany, relocates his/her ordinary place of residence from Germany after conclusion of contract, or Ohlala is not aware of the residence or ordinary place of residence of the User at the time of bringing a suit, the exclusive place of jurisdiction for all disputes arising from the User Agreement regarding Ohlala Services shall be Berlin.

Should a provision of these General Terms of Use be or become ineffective, this shall not affect the legal validity of the remaining provisions.

19. Information on right of withdrawal

You have the right to withdraw from your contract with Ohlala within 14 days without specifying your reasons. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by sending a clear declaration (e.g. via mail or email) to the address

Spreefang GmbH
Oberwallstraße 6
10117 Berlin
Germany

Tel:
+49 1590 4040567

Email:
[email protected]

You may, but are not obliged, to use our template withdrawal form. In order to satisfy the deadline for withdrawal, it is sufficient that you send your notice of exercising the right of withdrawal before the deadline for withdrawal expires.

Consequences of withdrawal

If you withdraw from this contract, we must repay all payments that we have received from you immediately and no later than within fourteen days of that day, on which we received notice of your withdrawal from this contract. We will make these repayments using the same form of payment which you used to make the original transaction, unless otherwise explicitly agreed with you; you will never be charged a fee for this repayment.

If you have demanded that services begin during the withdrawal period, then you must pay us an appropriate amount that corresponds to the level of services rendered by such time as a proportion of the entire scope of services stipulated in the contract.

End of information on right of withdrawal

Template withdrawal form

(If you wish to withdraw from this contract, please fill in and return this form)

FAO Spreefang GmbH, Oberwallstraße 6, 10117 Berlin, [email protected]:

I/we (*) hereby withdraw from the contract I/we (*) concluded regarding the purchase of the following goods(*)/rendering of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if being submitted in paper form)

Date

(*) Delete as appropriate.

Last updated: November 2020

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