General Terms and Conditions of WEENKI
The following General Terms and Conditions govern the contractual relationship between WEENKI and the users of WEENKI services, and define the conditions under which use of WEENKI services occurs.
By registration at WEENKI e.g. at http://www.WEENKI.com (hereinafter referred to as "Website") and all domains referring to it, such as mobile apps for IOS and Android devices (hereinafter referred to as “mobile apps”), the user accepts the below-mentioned Terms and Conditions. If the user does not accept the Terms and Conditions, registration must be withdrawn. These General Terms and Conditions are valid for all websites and mobile apps of the operator WEENKI.
3. Completion of contract, Start of contract, Prices
4. Termination of free usage
5. User obligations
6. Violations of user obligations
7. Granting of rights
8. Prohibition of business or commercial use, Prohibition of spamming
9. Compensatory Damage
10. Liability of WEENKI
11. Changes to General Terms and Conditions
12. Final provisions
The here mentioned Terms and Conditions are regulations under which the use of the WEENKI website and the mobile applications occurs. By registration with the operator, the user acknowledges to have read and understood the Terms and Conditions and to have accepted them. Differing regulations and specific user conditions which contradict the Terms and Conditions require written consent of the operator.
(i) WEENKI operates an online Social Network Community and offers the user access to a database through which users can get to know each other to develop partnerships and friendships. The database can be reached via http://www.weenki.com (acting as general webpage for all linking domains) as well as through the mobile applications of the iOS and Android-based devices and also other possible devices in future.
This database contains profiles, pictures and information about other users. Registered users can view the profiles and information of other users and contact them.
(ii) WEENKI is offered exclusively for private purposes. Commercial use is not included in the services provided and strictly forbidden without WEENKI’s explicit and written permission. Commercial profiles are identified clearly and carry the names of their respective owners.
(iii) The operator is authorized to entrust third-party service providers and agents with the provision of parts or the whole range of services.
(iv) The user expressly agrees that WEENKI may send newsletters at irregular intervals. The sending of newsletters can be stopped sending an email to info[at]WEENKI.com.
3. Completion of contract, Start of contract, Prices
(i) The contract between WEENKI and the user comes into effect at the time of registration by the user on the WEENKI webpage or through the mobile applications.
(ii) The user can register for free by filling out the registration form. On this occasion, selected data from the respective user profile is stored in the WEENKI data base.
(iii) WEENKI expressly states that only one user account may be created per user. Existing user accounts must be deleted before a new user account can be registered.
4. Termination of free usage
(i) Every user has the right to cancel his or her membership at WEENKI at any time. To do this the account settings on the WEENKI mobile apps contain the option ‘delete account’. Termination by email is also possible.
(ii) The membership can be terminated by WEENKI without notice, when the user violated these Terms and Conditions.
(iii) In addition, WEENKI reserves the right to reject registration without having to provide reasons for this.
(iv) After cancellation of membership all data will be deleted by WEENKI from the respective database, as long as this is not required for evidence purposes due to illegal user activity beyond the termination of the contract.
5. User obligations
(i) The user is solely responsible for the content of his registration and therefore for the information that he submits about himself. In particular the user is obliged not to save, publish, transfer or distribute racist, offensive, discriminating, harassing, libelous, sexual, pornographic, material. As well as material glorifying violence or other illegal content, people or images. In addition, the user is expressly advised that it is forbidden to use legally protected concepts, names, images, videos or other materials.
(ii) Furthermore, he is obliged to take the appropriate measures to prevent unauthorized use of his data by third parties, in particular passwords. He is obliged to inform WEENKI immediately about detected or suspected unauthorized use of his account.
(iii) The user ensures that no pictures or any other material is uploaded from his account for which he does not have the copyright secured by law.
(iv) The user ensures also that the information submitted is true and describes his character. The contracting parties agree that it is considered to be of legitimate interest of WEENKI to authorize the verification of information submitted by the user if necessary.
(v) The user agrees to indemnify WEENKI for all kinds of claims, damages, losses or demands which can arise from registration and/or participation in this service, insofar these damages do not result from intent or negligence on the part of WEENKI, or its legal representative or agents. In particular the use undertakes to absolve WEENKI from any liability and from all obligations, expenses and claims resulting from damages due to slander, insult, and damage to personal rights, resulting from loss of service for the user, damage to material goods or other claims.
(vi) The user commits himself not to intentionally give the information of third parties (including email addresses) instead of his own. In particular he undertakes not to give bank details or credit card details of third-parties with fraudulent intent.
(vii) Furthermore the user is committed to observe the respectively applicable laws when registering and using the service at http://www.WEENKI.com or the mobile applications.
(viii) The user undertakes to treat emails and any other possible incoming messages as confidential and not to make these public to third parties or forward them without the consent of the originator. The same applies for names, telephone and fax numbers, addresses, email addresses and / or URLs.
(ix) Moreover every individual user undertakes not to misuse the service, in particular:
- not to forward any defamatory (e.g. slander), offensive or in any other way unlawful material or similar kinds of information
- not to use the service to threaten or harass other people / users or to infringe the rights (including personal rights) of third parties
- not to upload data containing a virus (infected software). In general no software or other material is to be uploaded which is protected by copyright unless the user owns the rights for it or the necessary approval – written evidence is required here by the operator
- not to use the service in such a manner which negatively influences the availability of the services for other users
- not to intercept any emails nor attempt to do so.
- not to carry out advertising for other internet portals
- not to create chain letters or forward them.
- not to mention names, addresses, telephone or fax numbers and email addresses in personal and voluntary information (user profiles)
(x) Which pictures are not allowed?
- Pictures that suggest or show nudity, sexual and/or pornographic acts
- Images protected by copyright /stolen pictures (for example pictures from the internet)
- Pictures that show violence, drugs, arms or similar content
- Pictures that show consumption of alcohol, cigarettes, hashish etc. by people under 21 years of age
- Pictures that contain text and/or contact details or from which inferences about personal details are possible
- Pictures that show masked, hooded or distorted faces
- Pictures with symbols, flags or other signs and offensive gestures of any kind (except recognized national flags)
- Pictures with registered trademarks
- Pictures which point to other webpages or show other commercial material
- Individual pictures of children and young people under 14 years of age
- Fuzzy, very small and/or not clear pictures
- Pointless pictures that do not benefit our community, such as material parts (floor coverings, plaster, other surfaces etc.), technical devices (vacuum cleaners, hairdryers, toilet brushes etc.), objectless, monochrome pictures etc.
- Multiple identical pictures
(xi) Which pictures are allowed?
- pictures on which you are easily recognizable
- Sexy (but PG!) pictures of you
- group photographs with your friends and family (if they agree to publish this content)
- Your pet (as long as you are on the picture too)
- personal creations and works of art (like Tattoos or drawings)
- nature and holiday shots
- your personal belongings
- Other personal picture which do not fall under the not allowed category
6. Infringement of user obligations
(i) WEENKI has the right to remove content, people or images which infringe the existing general conditions of use or which are illegal, e.g. against laws and regulations, in particular the protection of minors, data protection, protection of personal rights, protection against slander, copyright and trademarks.
(ii) No obligation exists to restore information deleted by WEENKI.
(iii) Furthermore, WEENKI has the right to warn the user about non-compliance with the general conditions of use, and suspend or definitively end WEENKI services for the particular user. Depending on the seriousness and manner of the offence, infringement may also result in civil or criminal penalties for the user.
(iv) WEENKI expressly reserves the right to assert further damages, in particular claims for damages.
7. Granting of rights
(i) WEENKI permits its registered users to use the portfolio of products and services offered, taking into account legal requirements and the existing Terms and Conditions, and to upload, save, publish, distribute, transmit content and share it with other users.
(ii) The user authorizes WEENKI to show him customized promotional offers, based on the evaluation of information contained in his profile and also his user behavior.
(iii) The user grants WEENKI the irrevocable, royalty-free, non-exclusive and geographically-unrestricted right to use all content generated, transmitted, saved and published. Therefore WEENKI, and companies connected to WEENKI, are entitled to the unrestricted use of all content including editing, copying, modifying, translating, creating and taking possession of derivative works. In doing so, there is no restriction regarding the type of use. WEENKI is therefore entitled to use content for advertising purposes or other publications, either in part or in whole and in any format or medium. In this regard, the user grants WEENKI moral rights, whereby WEENKI expressly points out that WEENKI does not obtain ownership of the content provided by the user and therefore WEENKI does not carry out any supervisory role of content.
(iv) WEENKI explicitly advises users that content may be saved and forwarded to third parties, as far as is required by law or is necessary and legally permitted in its opinion.
(v) Furthermore, WEENKI explicitly points out that user data may be removed at any time without giving reasons and without informing the user concerned. This particularly relates to old chat records which are removed from the data base at irregular intervals and are therefore no longer available to the user.
8. Prohibition of business or commercial use, prohibition of spamming
(i) The user guarantees not to pursue any commercial and / or business purposes relating to his use without WEENKI’s explicit and written permission. He guarantees not to use the WEENKI website or the mobile apps for commercial or business reasons.
(ii) Commercial or business use which the user agrees to avoid includes in particular:
- the offering of goods or services in exchange for money, the submitting of requests for relevant offers or linking to another site with accessible relevant offers (for example by linking to specific online auctions)
- advertisements for commercial internet sites, in particular sites which offer goods or services in exchange for money,
- to serve as illustration or advertisement for businesses or,
- to promote other commercial internet portals or mobile apps.
This applies particularly to the promotion of businesses in the form of pop-ups, banner advertisements or by specifically highlighted or prominent links. An internet site is also considered to be commercial if it is linked directly or indirectly to the commercial internet portal or mobile apps of another operator.
- mentioning or communicating value-added service telephone numbers or value-added SMS numbers (Premium SMS) within this internet portal.
- establishing contacts for the purpose of subsequent profit-making, in particular by subsequent links to 0900 numbers or value-added SMS numbers.
- the search for possible coworkers, models for agencies or money-making services.
- collecting profile information available within the internet portal or finding out information (eg. telephone numbers / mobile numbers) of individual users for the purpose of commercial use, advertising or resale to third parties.
(iii) The user undertakes to refrain from advertising to other users of the service offered or to other users in any form for commercial offers and from forwarding any messages (private messages or emails) which serve a commercial purpose. This also refers to placing or mentioning links in the available profiles of other users or any users of this service or the forwarding of messages through the internal message interchange system (e.g. message forwarding, forums and profile information).
9. Compensatory Damages
(i) Any user who attempts to use or uses his participation for commercial or business purposes according to §8 of the Terms and Conditions is liable to pay compensatory damages to WEENKI amounting to five thousand euro. In this case the user is permitted to provide evidence that no damage has occurred at all or considerably less than the five thousand euro. WEENKI reserves the right to prove that a greater amount of damage has occurred hereby.
(ii) In the event of willful or grossly negligent violation of the user obligations described in §5 of the Terms and Conditions, the user undertakes to pay the operator a compensation, as far as the violation is not already established as the standard compensation according to paragraph (i) of this paragraph. The user is permitted to provide evidence that no damage has occurred at all.
10. Liability on the part of WEENKI
(i) For damages that occur of a physical, psychological or financial nature which are connected to the service offered, WEENKI is only liable insofar if these damages result from a grossly negligent breach of duty on the part of WEENKI, its legal representatives or agents, or from wilful intent on the part of WEENKI, its legal representatives or agents.
(ii) For damages connected to the service offered and to legal assets other than life, body or health, WEENKI is liable only insofar as these damages are due to a grossly negligent breach of duty by WEENKI, its legal representatives or agents, or to wilful intent on the part of the operator, its legal representatives or agents.
(iii) WEENKI may not be sued for incorrect information given during user registration, as the information given by the user may not always be checked due to its large volume and the identification of people on the internet is only partially possible. All users are personally responsible for verifying user information before contacting users in the form of chat conversations, meetings outside of WEENKI or other interactions.
(iv) Furthermore, WEENKI takes no responsibility whatsoever for possible misuse of information by other users or third parties. This particularly applies if the user himself made the information available. In addition, WEENKI bears no liability for unauthorized gain of personal user data by third parties (e.g. the unauthorized access by “hackers” to the data bank), as long as it is not WEENKI’s actual fault, in consideration of the limitation mentioned under paragraphs 1 and 2 of § 10, or the fault of its legal representatives or agents. WEENKI is authorized, but not obliged, to check the content of every text, sent/uploaded pictures and graphic files for the provisions of these underlying Terms and Conditions and, if necessary, to modify or remove/delete it.
(v) WEENKI bears no liability for significant restriction to the service.
(vi) Furthermore, WEENKI bears no liability for service breakdowns that it is not responsible for e.g. as a result of force majeure or technical internet failures.
(vii) WEENKI takes no responsibility for the content of third parties and external links. Content published by users under the link http://WEENKI.com is treated as third party content.
11. Changes to Terms and Conditions
(i) WEENKI reserves the right to change and amend the Terms and Conditions.
(ii) The user states his acceptance of the implementation of the amended Terms and Conditions for contracts completed before the changes, if WEENKI informs the user that an amendment of the Terms and Conditions has taken place and if the user does not object to the change within two weeks, beginning with the day following the notification of the change.
(iii) Communication of the amendment must again include information about the possibility and the time limit for objections, as well as the relevance and the consequences of the failure to object. This can take place by email to the email address given by the user.
12. Final provisions
(i) Contract amendments, additions and ancillary agreements, unless otherwise specified in these Terms and Conditions, require written form on both sides to be valid. The written form requirement also applies for the waiver of this same requirement.
(ii) Should individual provisions of this agreement be or become invalid or unworkable, the rest of the agreement remains valid. The invalid or unworkable provision is to be replaced by a valid and workable regulation of which effects come closest to the economic aim that the contract partners pursued with the invalid and unworkable provision. The above provisions apply accordingly in the event that the contract is shown to be incomplete.
Rome (Italy), 13 September 2016