1. PURPOSE and DEFINITIONS
1.1 These terms and conditions of business (hereinafter, the "GENERAL
CONDITIONS") contain the terms and conditions governing the provision
of the Yooppe Service (hereinafter also only the "Service")
available on the website www.yooppe.com and on the application " Yooppe" (hereinafter,
the "Site/App"). The GENERAL CONDITIONS are agreed
between You, as end User of the services (hereinafter,
"You" or the "User") and the Company Iumob
S.r.l., VAT number/Tax ID IT07048770965 with registered office in Via Comelico,
3, 20135 Milan, Italy (hereinafter, "Yooppe" or the "Company"
and together with the " User", the "Parties").
These GENERAL CONDITIONS govern and regulate the Service provided by the
Company to the User by means of the Site/App,
cancel any previous provision between the Parties not expressly cited or
attached, and constitute the set of rights and obligations between the Company
and the User. The Site/App aims to facilitate communication
between Users in order to facilitate the emergence of new friendships.
1.2 In addition to the terms and words defined elsewhere in the GENERAL
CONDITIONS, for the purposes of the latter the following are defined:
"Subscription" means the period of time subscribed to
paid Services;
"Application" the Yooppe application, available on
Apple's App Store and Google's Play Store platforms for free download.
"Rate plans" the types of packages and/or Subscriptions available on the Site/App, as described in article 3.2 and following;
"Cases of Force Majeure" mean, by way of example and
not exhaustively, pursuant to and for the purposes of the GENERAL
CONDITIONS: lockouts, strikes, absolute lack of means of transport, war,
revolt or other military actions, floods, fires, lightning, explosions,
accidents, power outages, interruptions, malfunctions or overloads of
telephone or Internet lines, delays or defaults by Yooppe's third party
suppliers or any other event that is beyond the reasonable control of
Yooppe, and which prevents the full and correct fulfilment of Yooppe's
obligations set forth in its GENERAL CONDITIONS;
"Content" means any information, data, video, image,
photo, text, description, indication, personal detail, interest, hobby,
presentation provided by the User and uploaded to the Site/App;
"Effective Date" means the date on which these
GENERAL CONDITIONS are accepted by the User
"Duration of Contract" means the duration of these
GENERAL CONDITIONS, as specified in article 8 below;
"Facebook Connect" feature that allows Users to
use their Facebook account to identify themselves on the Site/App,
in order to simplify the registration process.
"Meetings" means the Site/App where Users
appear, and their affinities can be selected;
"Party" Yooppe or the User;
"Profile" personal and private web page of the User on Site/App",
linked to the account created during registration on the Site/App;
"Recap" column present in some pages of the Site/App where
the activities of the User and his/her popularity on the Site/App
are recorded and summarized;
"Search" means the Site/App function that
allows the User to search for other Users;
"Services" the services available to the User on
the Site/App, as specified in article 3 below of these GENERAL
CONDITIONS;
"Subscription Services" (only on the App) means the services available
to the User who has purchased a Subscription present on the App,
as specified in article 3 below of these GENERAL CONDITIONS;
"Subscription Section" means the page on the App
where it will be possible to view the different Rate Plans on offer and
proceed with the Subscription purchase;
"On-Demand Services" means on demand services that the User can purchase in order to integrate the products and services included in his/her registration; in this way the User will purchase "Credits" that can be used from time to time to procure additional services;
"On-Demand purchases Section" page on the Site/App where the User can see the different offers of credits packages to benefit from specific features;
"Status - Profile Info" means phrases published by
the User that can be viewed by other Users;
"Territory" means the geographic area chosen by the User as
a reference when searching for other Users;
2. COMPLETING THE CONTRACT
Please be advised that by pressing the "Sign up" button when
registering with the Site/App or, in any case, by using the Service,
You declare that you have read and expressly accept these GENERAL
CONDITIONS. Registration to Yooppe and the use of the Service (except
for services available only for a fee, which require a Subscription or an
On-Demand payment) are completely free of charge (except for the costs of
equipment - computers, applications and telecommunications means - and the cost
of connecting to the Internet, which are borne by the User on the
basis of the economic conditions established by his/her operator). If you do
not agree with even one of the terms and conditions of these GENERAL
CONDITIONS, we kindly invite You not to use the Service and to
leave the Site/App. You acknowledge
and agree that the Services that You use on the Site/App are
designed to put Users in contact, and that Yooppe simply provides a
contact-enabling platform. The Company therefore is not and shall
not be party to or responsible for individual contacts between Users, or for
related contents.
3. YOOPPE'S SERVICES
3.1 In completing the Profile when registering, the User enters
the Territory, gender (Male/Female/other) of Users he/she is looking for, the
nickname by which he/she will be known on the Site/App and age,
subsequently validating this Profile by receiving an email and completing the
confirmation. After the account is validated, the User must upload a
photo in order to have a Public Profile on the Site/App (for uploading
tips see the FAQ, available here). In the Profile the User can enter the Content that concerns
him/her, making changes at any time, with a dedicated page for photos (both
public and private). The Site/App allows the User to perform a
series of activities through his/her Profile (such as, by way of example only,
sending messages to other Users, searching for Users located in the same city,
searching for similar profiles), some of which are available only to Users who have
a Subscription. The list of activities that can be performed are visible in the summary section of the Profile. The User
recognises and accepts that only through his/her Profile will he/she be able to
use the Services of the Site/App, for example searching for other Users
through the Search function, viewing messages in the chats, and that his/her
Profile can be viewed by other Users. To use the Services, the User must have
applications and made the necessary settings for the correct functioning of the
Service, by way of example and not exhaustively:
IE10 or higher browser
activation of JavaScript functions
receipt of session cookies and acceptance of the display of popup
windows
for use from App on iPhone version iOS11 or higher, on Android version
5.0 or higher
In order to speed up the registration process, the latter can also be made
through Facebook Connect, this allows the Service to use some
user information such as, but not limited to, name, age, interests, etc.. to
compile the profile that the user must still confirm during registration.
Therefore, the User must verify the authenticity of his/her Facebook data before
registering for the Services. The User can change and/or supplement the data
provided via Facebook Connect at any time by accessing his/her profile on
the Site/App. There is no synchronization between the Facebook
account data and the Site/App data once the registration is
completed. For more information about the Facebook Connect functionality, the User
is invited to consult the Privacy Policy.
The Company does not guarantee that the Services can be used if the User
uses a popup window-blocking utility. In this case, this function must be
disabled before using the Service. Furthermore, the User must
have the skill, equipment and applications required to use the Internet or,
possibly, Internet and telephone services, and recognise that Internet features
and constraints allow him/her to ensure the protection, availability and
integrity of data transmissions via the Internet. In view of these conditions,
the Company does not guarantee that the services will work without
interruptions or malfunctions. In particular, their use may be temporarily
interrupted for maintenance, updating, technical improvements, modification of
contents or of site presentation. Whenever possible, the Company will
inform the Members in advance of maintenance or updating operations. Likewise,
the Company cannot be held responsible for any malfunctions, lack of
access or poor usage conditions of the Site/App that may be attributable
to an unsuitable device, malfunctions of the User's Internet provider,
Internet traffic and any other reason beyond the Company's control. At
the time of registering, a questionnaire will be given to outline the desired
profile of the person being sought. These data, in addition to other personal
data, will be recorded in the Company's database, and may be compared
with the data of all other Company users in order to provide information
on the compatibility of two members, based on the Company's proprietary
algorithm. Based on the comparison of the User's profile with the data of all
other members contained in the database, the User will receive a list of users
with whom he/she might be compatible. All information provided will in any case
be processed in accordance with the Privacy Policy provided.
3.2 In-App purchase
conditions
These terms and conditions
apply only in the case of purchase via the Yooppe App and through the stores.
The user can choose to
purchase subscription plans or only packages of On Demand credits as specified
in point 3.3 of this policy.
The subscription allows the
use of some additional functions and you can buy it at any time even after
making purchases on demand of only credits.
Our App
includes some services that can only be accessed by paying for the Rate
Plans and acquiring the Subscription. The User acknowledges
and agrees that he/she will have the option to use the Services of the Site/App
only upon purchase of the Subscription. The User acknowledges and
agrees that the Services will be activated following payment of the
Subscription. The costs of the various subscription types are shown on the
purchase pages, and will be viewed by the User before each payment. The User expressly
acknowledges and accepts that the Company may change the costs of the types of
subscription at any time, also with reference to already registered users
and/or current subscriptions.
The User expressly
acknowledges and accepts that, at the time of each payment made through the App,
together with the amount indicated on the purchase pages, sales tax (or any
other similar category of taxes that may be applicable to the specific payment,
except in cases where these are not provided for) will be charged, as
calculated on the basis of information provided by the User directly
and/or indirectly (by way of example only, by means of the IP address or
information relating to the means of payment used). The amount of tax paid will
in any case be clearly indicated in the summary of the purchase.
For the purpose of properly identifying
the taxes to be charged, the Users expressly acknowledge and further
agree that: (i) Users ordinarily resident outside the European Union may
only purchase the chargeable services in the country in which they ordinarily
reside, while (ii) Users ordinarily resident in the European Union may
only purchase the chargeable features within the European Union. If the paid
services are subject to sales tax under these GENERAL CONDITIONS in the country
to be considered for taxation purposes and the User has failed to pay
such tax by failing to provide correct information about the country where the
purchase takes place, the User shall be liable for payment thereof and
for any penalty, late payment or interest due to the competent tax authorities.
The subscription packages
are payable securely in accordance with the payment methods provided and
applied by the Apple App Store and the Google Play Store for Android. The Apple
App Store and the Google Play Store for Android are solely responsible for the
payment methods and procedures in which the Company does not
intervene, in accordance with the conditions imposed by the platforms. Any
refund requests or questions regarding payment should be directed to Apple or
Google services depending on the device from which the purchase was made. For
in-app transactions, the Company will respond to support requests within
3 working days (in case of requests indicated as particularly urgent by the App
Store or Play Store, this period may be reduced to 24 hours).
For in-App purchases the Company equally does not collect
and process bank data. Apple's App Store and Google's Play Store have chosen
not to report certain data to mobile apps, including transaction data. These
data are exclusively collected and processed by these platforms, regardless of
the will of the Company to change the payment method. The only
information exchanged between the Company and Apple's App
Store or Google's Play Store is technical data, which does not allow the
Company to directly identify the User (for example, a transaction
number), to validate transactions. The User acknowledges and accepts that the
Company and/or the operators of the systems used within the App Store or Play
Store, may be required, according to agreements with the banking institutions
providing the payment systems, as well as under current legislation, to verify
that the User is the actual holder of the payment method which he
declares he wants to use for the purpose of paying the Fees. Bank data is
collected by Apple and Google regardless of the Company’s wishes.
The types of
Subscription available with automatic renewal are indicated, and are as
follows:
Promo (e.g., 1-week trial period) then
subscription type B
1 month or equivalent credit package with automatic renewal every 30
days
3 months or equivalent credit package with automatic renewal every 90
days
6 months or equivalent credit package with automatic renewal every 180 days
The User
authorizes, in the case of a purchase on the App Store or Play Store, the third
party handling payments on their behalf, to make the total charge of the above
figures. Costs may vary based on current promotions and special offers. The
proposed subscription plans all include automatic renewals upon expiry of the
related Contract.
The subscribed User
has access to a dashboard in the Profile, in which there is a summary of the
status of the Subscription.
3.3 In-App
On Demand purchases
3.3.1 On Demand purchases
for subscription users. The User can make additions to the services included in the
chosen subscription plan with credit package purchases. The User who
has fully used the credits included in the chosen subscription plan will be
able to purchase more in On-Demand mode.
The User at the
stage of subscription of the subscription plan, through the App Store or Play
Store, authorizes the third parties that manage payments on their behalf, also
for any charges for purchases on-demand. Credits purchased on-demand and not
used during the subscription period will be lost, are not cumulative,
transferable and refundable.
The User
may use credit packages purchased for additional functions within the service,
depending on the service chosen, spending the corresponding number of credits.
The User who has
purchased a credit package has access to a dashboard in the Profile, within
which is present the summary of the package purchased.
3.3.2 On Demand purchases
for users without a subscription. The User can choose to purchase only
credit packages without first purchasing a subscription. You will always be
able to buy a subscription at a later time through the appropriate purchase
pages within the service.
The costs of the package types
are displayed on the purchase pages and will be viewed by the User
before each payment. The User expressly acknowledges and accepts that
the Company may change the costs of the types of packages at any time,
even with reference to already registered Users.
The User, when
purchasing the credit package, through the App Store or Play Store, authorizes
third parties that manage payments on their behalf to make any charges for on-demand purchases.
The costs may vary according to current promotions and offers. The proposed
credit packages and/or messages do not provide for automatic renewal and have
no expiration.
The User who has
purchased a credit package has access to a dashboard in the Profile, within
which is present the summary of the package purchased.
3.4 Method
of Purchase via the App.
The User may
purchase Subscription Services through the App. The correct receipt
of the order is confirmed to the User by means of an email reply sent by
the store where the purchase was completed. This confirmation message will
contain, in addition to the link to these Conditions of Sale, the Date and Time
of execution of the order and a 'Customer Order Number', to be used in any
further communication with the Company. In the event
of non-acceptance of the order, the User will be informed in a timely
manner.
3.4.1 Automatic
renewal of the Subscription. The User who has purchased the
subscription through the Apple App Store and Google Play Store, acknowledges
and expressly accepts that upon expiry of the scheduled period, the
Subscription will be automatically renewed under the same purchase terms,
barring ongoing promotions.
The
cancellation of the automatic subscription renewal must be made directly by the
User on the Stores according to their Terms and Conditions. Before each
renewal, the user will receive appropriate communication from the Stores.
In
case of problems or requests for information regarding the deactivation, the
User can always contact the customer care of the service through the
appropriate contact form.
3.5 Conditions of Purchase through the Website (Site)
These terms apply only in case
of purchase through the Yooppe website.
For purchases
through the site, only credit
packages are available according to the tariff conditions indicated in the
purchase pages and will be viewed by the User before each payment. The User
expressly acknowledges and accepts that the Company may change the costs
of the types of packages at any time, even with reference to already registered
Users.
The User authorizes the Company to charge the total of
the figures indicated on the payment page. The costs may vary according to
current promotions and offers. The proposed credit packages are not
automatically renewable and do not expire.
The User
acknowledges and accepts that the payments and all management of the data
needed for such payments are entirely managed by international payment service
providers (so-called Payment Processors) holding the relevant authorisations
and licences needed to provide this service.
The User expressly
acknowledges and accepts that, at the time of each payment made through the Site,
together with the amount indicated on the purchase pages, sales tax (or any
other similar category of taxes that may be applicable to the specific payment,
except in cases where these are not provided for) will be charged, as
calculated on the basis of information provided by the User directly
and/or indirectly (by way of example only, by means of the IP address or
information relating to the means of payment used). The amount of tax paid will
in any case be clearly indicated in the summary of the purchase.
For the purpose of properly identifying
the taxes to be charged, the Users expressly acknowledge and further
agree that: (i) Users ordinarily resident outside the European Union may
only purchase the chargeable services in the country in which they ordinarily
reside, while (ii) Users ordinarily resident in the European Union may
only purchase the chargeable features within the European Union. If the paid
services are subject to sales tax under these GENERAL CONDITIONS in the country
to be considered for taxation purposes and the User has failed to pay
such tax by failing to provide correct information about the country where the
purchase takes place, the User shall be liable for payment thereof and
for any penalty, late payment or interest due to the competent tax authorities.
3.6 Method of Purchase
via the Website.
The payment
methods accepted on the Site are: Credit and/or Debit Card, PayPal, Apple Pay
or Google Pay.
The User can
purchase credit packages through the Site. The correct receipt of the order is
confirmed to the User by uploading the purchase receipt directly on the
personal profile of the customer within the service. This confirmation message
will contain, in addition to the link to these Terms of Sale, the date and time
of execution of the order and a 'Customer Order Number', to be used in any
further communication with the Company. In case of non-acceptance of the order,
You will receive prompt notice.
3.6.1 Conditions for
purchases by credit or debit card. Upon the conclusion of the online transaction, the relevant bank will authorise
only the amount relating to the purchase made. The related amount will actually
be charged to the credit card(s) entered by the User when registering or
at a later time. These transactions can be managed/viewed completely
independently by the User in the appropriate section of the site. In the event of cancellation of the order, if the Company does not
accept the order, the Company will promptly request the cancellation of
the transaction and release of the committed amount. For some card types,
release times depend exclusively on the banking system, and can arrive at their
natural expiration (24th day after the authorisation date). Once the
transaction has been cancelled, the User acknowledges and expressly
agrees that in no case can the Company be held liable for any damages,
direct or indirect, caused by a delay by the banking system in the failure to
release the amount committed. The Company reserves the right to request
additional information from the User (e.g. landline phone number) or to
send copies of documents proving ownership of the Card used. In the absence of
the required documentation, the Company reserves the right not to
accept the order: in particular, the User hereby acknowledges and accepts that
the Company and/or the operators of the payment systems used,
may be required, under the agreements with the banks that provide the payment
systems, as well as under current legislation, to verify that the User is
the actual owner of the means of payment that the same declares he/she wishes
to use for the purposes of payments. At no time during the purchase process is the
Company able to know the information relating to the buyer's credit
card, transmitted via secure connection directly to the Site of the bank handling
the transaction. No computer file of the Company will retain
such data. Under no circumstances can the Company be held liable for any
fraudulent or improper use of credit cards by third parties at the time of
payment. For more information on the processing of information relating to the
buyer's credit card, please see the information provided by the bank.
3.6.2 In the case of
purchases with PayPal, the transaction will be handled by PayPal and the
amount related to the purchase made on the website will be charged to the
User’s account. You can manage your account and associated payment methods
directly from your PayPal account.
3.6.3 In the case of
purchases made using the payment method via Apple Pay, the amount related
to the purchase made on the website will be charged to the credit or debit card
that the customer has saved in his Apple Pay Wallet. You can manage the cards
linked to Apple Pay directly through your device’s Wallet app.
3.6.4 In the
case of purchases made with the payment method via Google Pay, the amount
related to the purchase made on the site will be charged to the credit or debit
card that the customer has saved on Google Wallet. You can manage cards linked
to Google Wallet directly from your Google Wallet profile.
3.7 General and payment conditions
The contract entered into by the Company and
the User shall be deemed to be concluded with the Company's
acceptance, full or partial, of the order. By placing an order in the various
ways provided, the User declares he/she has read all the
information provided herein and/or during the purchase procedure, and fully
accepts the general and payment terms and conditions given below. If the User
is a consumer (i.e. a natural person who signs up for purposes not related to
his/her professional activity or does not indicate in the order form a
reference to VAT as defined in Article 3, paragraph 1, subpar. a) of the
Consumer Code - hereinafter the "Consumer"), once the online
purchase procedure has been completed, the Company will send by email or
make available in your personal area, inter alia, a link to these Conditions,
which the User shall print or save and in any case keep, in compliance
with the provisions of the current Consumer Code. All rights of the User
shall be excluded for damages or indemnification, as well as any contractual or
extra liability for direct or indirect damage to persons and/or property caused
by the Company's full or partial non-acceptance of an order.
3.8 Right
of withdrawal
Pursuant to the Consumer Code the User expressly
declares and agrees to not be able to take advantage of the right of
withdrawal in compliance with the provisions of Article 59 which states:
"The right of withdrawal provided for in Articles 52 to 58 for distance
and off-premises contracts is excluded in respect of [...] o) the supply of
digital content on an intangible medium if the performance has begun with
the consumer's prior express consent and with his/her acknowledgment of the
fact that he/she would then lose his/her right of withdrawal".
3.9 The User acknowledges
and agrees that Yooppe reserves the right to propose different rates or free
access to certain User categories, or during particular commercial promotions
that may be implemented, including through dedicated codes and/or specific
targeted marketing initiatives. The price and payment methods for the various
Services are always available on the Yooppe Site/App and can
be viewed prior to use of the Services to which the User wishes to purchase,
and upon viewing and using the related costs.
3.10 The User on
the Site/App shares Content, and recognises and accepts that
other Users can view and interact with that Content. With our Services you can
send messages and share information in various ways, such as through the User
Profile, links, Status and messages. The information and content that the User
shares or publishes can be seen by other users registered with the Site/App.
3.11 The User acknowledges
and expressly agrees to receive important communications from Yooppe via email
or by other means. Furthermore, the User
agrees that some additional information - such as the Content - may be shared
with Yooppe. The User acknowledges and expressly agrees that if the
contact information provided to Yooppe is not up to date, he/she may lose the
aforementioned communications. The User accepts that Yooppe may send
notices in the following ways: (i) a banner notice appearing in the Services,
or (ii) an email sent to an address provided by the User, or (iii) by other
means, including the mobile phone number if it is provided.
The User agrees to keep his/her contact information up to date.
3.12 The User acknowledges
and agrees that if he/she infringes the law, third party rights or these
GENERAL CONDITIONS, Yooppe may at its complete discretion suspend or interrupt
provision of the Services to the User, close the User's
account, prevent access to the Site/App or take any other
action needed to protect Yooppe's existing or potential rights and interests.
Furthermore, Yooppe reserves the right to cancel or suspend the User's
account if it is not used for more than six months. Yooppe is not obliged to
publish any information or content on the Services, and is entitled to remove
such information at its sole discretion, with or without notice.
3.13 The Company
reserves the right to delete the information and Content that the User
has published in breach of these terms and conditions. The Company reserves
the right to suspend or interrupt the Services or change and modify them at its
discretion. Yooppe is not a data storage service. The Company reserves
the right to delete Users' messages when 6 months have elapsed since their
submission. The User accepts that the Company has no obligation
to keep, maintain or provide a copy of any content or information that the User
or other persons has provided in breach of these terms and conditions, except
to the extent required by applicable law and as indicated in the Privacy
Policy.
3.14 The purpose
of the Service is to guarantee these GENERAL CONDITIONS and to
exclude from the Service anyone who, by subscribing to them,
uses them in a different way and/or in violation of the applicable legislation
and/or the policies of the App Store and Play Store. If you believe that a
profile is fake, or if you receive incorrect messages from another User,
such as spam, advertising, vulgar or threatening messages, inappropriate
content, an invitation to use pay phone numbers and the like, please report the
problem by clicking on the links "Block User" or “Report User”
in the profile of the User you wish to report. If the Yooppe Users
do not comply with these GENERAL CONDITIONS or where abnormalities are reported
in the use of the Service, especially with regard to the Content,
the staff will carry out a verification that could lead to the block of the User. If
a User is blocked, he/she will see a message "you have
been blocked" when trying to log in, and he/she will therefore not be able
to access the Site. He/she may also contact staff via the customer
care contact form to ask for
explanations and report the error. If staff detect an error, the status of the User
will be immediately restored, otherwise the user will be permanently deleted. The User
expressly acknowledges and accepts that the Company may use, in the
event of direct and/or indirect reporting, or receipt of Content by the
Company, a combination of automatic reporting systems and intervention by
moderators to check and verify the presence of Content that violates these
GENERAL CONDITIONS in accounts and messages. Although the Company
reserves the right to review and remove any Content that violates the GENERAL
CONDITIONS, such Content is the sole responsibility of the User posting
it and we cannot guarantee that all Content posted on the Site/App will
comply with the GENERAL CONDITIONS. In any case, if the User notices
Content on the Site/App that violates the GENERAL CONDITIONS, they are urged to
report it through the channels indicated in this article 3.14.
4. USER REPRESENTATIONS AND WARRANTIES
The User represents and warrants that he/she:
has read and understood the GENERAL CONDITIONS;
is of age, has the ability to act and to sign legally binding
contracts;
has chosen a secure and complex password during the registration process;
and that for the entire duration of the relationship arising from the
signing of these GENERAL CONDITIONS: (i) will keep the password secure and
secret; (ii) not transfer any part of the account (e.g., links, Content);
(iii) not allow any third party to use the account; and (iv) comply with
any applicable laws regarding the management of computer accounts;
is responsible for anything that happens through the account unless
he/she closes it or reports any abuse;
will only upload information on his/her Profile and Content that
he/she is entitled to share, and the Profile will be truthful;
when registering via Facebook Connect, his/her Facebook profile data
is correct and true;
will not upload any personal information (email address, postal
address, telephone number, etc.) to the Site/App that may allow
other Users to contact him/her by means other than the Services;
will refrain from reproducing, duplicating, copying, selling,
reselling and in any case exploiting the Site/App or any part
thereof for commercial purposes, as well as reproducing or using in any
way Yooppe trademarks and logos;
declares and expressly warrants that he/she has obtained all the
consents and disclaimers, where necessary, from any possible holder of
rights for any reason on the Content uploaded to the Site/App,
including, merely by way of example, in the case of images, to be the
holder of the right to exploit the image right and/or having been
authorised to do so;
grants to Yooppe, on a non-exclusive basis, free of charge, without
temporal and territorial limitations, any and all rights of publication,
execution and representation in public, communication to the public,
making available to the public, distributing, translating, processing, in
any form and by any means, of the Content that will be available to the
public on the Site/App (including the Profile image);
hereby authorises the Company, the third parties authorised by
it, to use single parts or fragments of the Content and to modify said
Content, wholly or in part, if this is deemed appropriate by Yooppe or by
third parties for the best exploitation of said Content pursuant to these
GENERAL CONDITIONS;
will not publish or use false data, or data aimed at incitement to
hatred, of a homophobic nature, violent towards any minority or in any way
slanderous or defamatory or data that contain advertisements of any kind
or links to other websites;
will refrain from any form of use, direct and/or indirect, of the Service
and of the Site/App contrary to law provisions or at odds with the
GENERAL CONDITIONS or on the Site/App;
will not disclose or disseminate any information or Content that have
the effect of diminishing, disrupting or preventing the normal use of the
Services, interrupting and/or slowing down the normal circulation of
communications among Users through the Services, such as use of
applications, viruses, trojan horses, sending mass messages (spam), etc.
Yooppe reserves the right to delete messages sent in bulk by a User
in order to guarantee a normal quality of service use for other Users;
will refrain from posting on the Site/App any obscene
content (including, but not limited to, depictions of sexual nudity or
sexually allusive poses in which the subject is nude, blurred or minimally
clothed and/or the clothing of which would not be acceptable in an
appropriate public context; depictions, animations or illustrations of
sexual acts or sexually allusive poses or sexual depictions of body parts,
promotion of sex-related entertainment services, escort services or other
services that may be construed as sexual acts in exchange for
compensation), which are offensive, violent, defamatory, offensive to
personal dignity, blasphemous and which, in particular, do not contain
racist statements or statements extolling the inferiority or superiority
of one race, people or culture over others or over minorities, apologia
for crimes against humanity; incitement to hatred or violence; sexually
explicit, pornographic or child pornographic content; threats or harassment;
information or messages that instruct on illegal activities, induce
illegal activities or which may cause harm to third parties; incitements
to dangerous behaviour and risk of emulation by minors or the use of drugs
or mistreatment of animals; messages, even hidden, of a promotional and/or
advertising nature; images not suitable for minors under 18 years of age;
will not use software or other automatic or manual mechanisms to copy
or access the pages of the Site/App or their content.
5. LIABILITY
5.1 The User acknowledges and expressly accepts that:
the Site/App puts Users in contact and enables them to meet,
and the Company does not act directly in any way with reference to
the Services available on the Site/App, acting merely as a platform
for the use of the Services by the Users;
Users expressly
acknowledge and agree that the Company may employ individuals and profile
assistants to follow and entertain
Users in order to ensure an optimal user experience as well as continued
availability of the Service without the possibility of meeting outside it;
the Company does not carry out (and is not authorised to carry
out) any type of check or verification, not even on a random basis, of the
criminal records of its Users nor checks on what they have declared
in their Profiles, except with reference to information relating to
the means of payment to be used for the purposes of any Subscriptions or
On-Demand Purchases or in the event of specific indications from other Users;
the Users are the only parties relating to the Services, and
the Company is totally unrelated to the individual
relationships between Users, and is not liable for any unwanted encounters,
for this reason we recommend reading the part of the FAQ containing our advice.
The Company therefore does not make any representations or
warranties to the User about, merely by way of example:
the quality, lawfulness, security, compliance and features of the
Services on the Site/App,
the existence, and the possibility of having real meetings with other
users;
the truthfulness, correctness and completeness of what is published
and declared by other Users, also regarding the information required to be
made known to consumers pursuant to the applicable law.
the conduct of other Users (current or future) or their
compatibility with the User.
5.2 Without prejudice to cases of wilful misconduct or gross negligence, to
the maximum extent permitted by law, the User acknowledges and accepts
that the Company will in no way be liable to the User for any
damages, losses, costs, charges and expenses, direct or indirect, including any
legal costs, suffered and/or incurred by the User relating to what has
been suffered by other Users and/or, in any case, relating to the Service
pursuant to the GENERAL CONDITIONS. Therefore, no compensation for damage may
be requested by the User from the Company for any damage suffered
in relation to the Service and will not be in any way liable to the User
for any delays or breaches of its obligations in relation to the Services in
the event that such delays or failures derive from Force Majeure causes.
5.3 The Company is not necessarily affiliated with any website to
which links exist on the Site/App, and is not responsible in any way for
the content of said websites. These links are created solely for the
convenience of Users, and access to these sites is at the risk and peril of the
Users themselves. A link from the Site/App to any other website does not
imply that the Company endorses, supports or recommends that website in
any way, or has any control over any aspect of that website's content.
5.4 The relations or communications made by the User through the Site/App
with any third party other than the Company are deemed to be exclusively
between the User and the third party. Some sections of the Site/App may
provide links to websites that make it possible to effect transactions or
purchase goods or services. These operations may be conducted by third-party
partners or by vendors. Under no circumstances shall the Company be
liable for any goods, services, resources or content made available through such
relationships or communications with such third parties, or for any related
damage. The User is wholly responsible for carefully monitoring the
practices and policies adopted by said third parties before entering into any
transaction. Any complaints or questions raised by the User regarding
materials or information provided by third parties must be sent directly to
such third parties.
5.5 The Company does not have the means to check and cannot
guarantee the personal identity and existence of the Users. The Company
therefore cannot be held liable in the event of identity fraud involving a User.
If the User has reason to believe that third parties are using
his/her login credentials or account, he/she is obliged to immediately inform
the Company. If a User wishes to present a friend, and
provides the Company with the relevant data, he/she undertakes to obtain
the express consent of the friend to the processing of personal data by the Company,
which will be used exclusively to send him/her, in the name and on behalf of
the User providing the data to the Company, an electronic message
to inform him/her of the Services offered. The User is also solely
liable towards the Company for this friend and third parties, and for
the consequences of the transmission of his/her data to the Company.
6. PRIVACY
The Company respects and protects the privacy of its
Users.
The Company processes
the User’s personal data exclusively in the manner and for the purposes
indicated in the Privacy Policy. The Company does not use User's personal data for marketing purposes
and/or sending commercial communications and/or direct sales without having
obtained the User's prior express consent.
The User accepts that the Company reserves the right to
access, store, use and process all information it provides in accordance with
the terms of the Privacy Policy.
We also remind you that, by accessing your personal area on the Site/App,
you may correct or update your personal data at any time.
7. ASSIGNMENT
The User may not assign some or all of these GENERAL CONDITIONS to
third parties. The Company may at any time assign these GENERAL
CONDITIONS to third parties in
its entirety or in part.
8. DURATION AND SURVIVAL OF CLAUSES
8.1 These GENERAL CONDITIONS come into force from the Effective Date, will
remain in force for a period of 1 (one) year from that date and will be
automatically renewed for subsequent periods of one year each, unless one Party
communicates to the other Party by registered letter with advice of receipt the
User's intention not to renew the GENERAL CONDITIONS at least 30 (thirty) days
prior to the deadline for each renewal.
8.2 The following clauses of the GENERAL CONDITIONS shall remain valid and
effective even after the termination of these GENERAL CONDITIONS: art. 4 (User
Representations and Warranties ); art. 5 (Liability); art. 11 (Governing
Law and Competent Court); art. 13 (General Clauses).
9. WITHDRAWAL
Without prejudice to article 3.2.5, either Party may terminate these
GENERAL CONDITIONS at any time by simply notifying the other Party in writing
at least 5 (five) days in advance. It is understood that, also in the event of
withdrawal, the Company reserves the right to cancel or suspend the User's
account. Upon withdrawal from these GENERAL CONDITIONS by the User, the Company
reserves the right to withhold the sums already paid for unused Rate Plans,
without prejudice to the provisions of article 3.3 above.
In the event of withdrawal by the User, no refund can be requested
for amounts already paid.
10. TERMINATION
Without prejudice to what is provided elsewhere in these GENERAL
CONDITIONS, in the event of breach of articles 3.2, 3.3, 3.5, 4 and 7 of these GENERAL CONDITIONS
by the User, pursuant to article 1456 of the Civil Code, the Company reserves
the right to suspend the Profile of the User and, if necessary, to
automatically terminate the GENERAL CONDITIONS, upon simple notification (by
email or in-app) of the intention to resort to this clause. This termination
will be with full title, without prejudice to the Company's right to
take action against the User or his/her assignors to obtain compensation
for any damage suffered as a result of improper use of the Service. Data
relating to the User will be deleted immediately upon his/her
express request or in any case by the Company within the time period
provided for by applicable law and necessary for the protection of the
interests of the Company and/or of other Users.
11. GOVERNING LAW AND COMPETENT COURT
11.1 These GENERAL CONDITIONS are governed by Italian law.
11.2 Without prejudice to norms protecting consumers in the matter of
competent court, any dispute arising between the Parties in relation to the
validity, interpretation, execution and termination of these GENERAL CONDITIONS
and/or in any case in connection with these GENERAL CONDITIONS will be the
exclusive competence of the Court of Milan, with the exclusion of any other
competing or alternative court.
12. CHANGES
The Company reserves the right to update or change these GENERAL
CONDITIONS at any time, in the event that such updates or changes are necessary
to adapt the Service to any applicable laws, regulations, App Store and
Play Store policies or terms and conditions, to implement security measures
necessary to optimize the delivery of the Service or to improve the features
of the Service. The Company shall inform Users about changes that
have been made directly on the Site/App. Changes to the GENERAL
CONDITIONS will be automatically valid and effective, starting from the tenth
day from the date of publication on the Site/App and will be
deemed to be accepted by the User. The User acknowledges and
agrees that he/she will be responsible for periodically checking the page of
the Site/App showing the GENERAL CONDITIONS in order to check for any
updates. In the event of changes to these GENERAL CONDITIONS, the User will
in any case be entitled to withdraw, a right that can be exercised at any time
by simple written communication to the Company or by directly
closing his/her account on the Site/App via his/her own
personal area.
13. GENERAL CLAUSES
13.1 Any tolerance by the Company towards the User's
behaviour that breaches any provision of the GENERAL CONDITIONS does not
constitute a waiver of the rights deriving from the violated provision, nor of
the right to demand the correct fulfilment of all the provisions of the GENERAL
CONDITIONS.
13.2 Any failure or delay in exercising a right pertaining to Yooppe
pursuant to the GENERAL CONDITIONS shall not be considered as a waiver of its
rights.
13.3 The GENERAL CONDITIONS contain the overall agreement reached by the
Parties with respect to their subject matter, and they prevail over all
previous communications, declarations and agreements, both oral and written,
reached by the Parties.
13.4 If any term or other provision of these GENERAL CONDITIONS is declared
invalid, voidable or unenforceable, all other conditions and provisions herein
will remain, in any case, fully valid and effective. If any term or provision
is erased due to it being invalid, contrary to mandatory rules or unenforceable,
the Parties undertake to negotiate in good faith and modify these GENERAL
CONDITIONS in such a way as to best achieve the original intention of the
Parties in order to fulfil in the best possible way the commitments made
herein.
13.5 Yooppe and the Users act in full independence. These GENERAL
CONDITIONS do not give rise to any relationship of collaboration, agency,
association, intermediation or subordinate employment between Yooppe and the
Users.
13.6 Any communication from one Party to the other pursuant to the GENERAL
CONDITIONS must be sent either by registered letter or by email (provided that
it includes the option of notification of receipt) to the following addresses Iumob Srl, Via Comelico, 3, 20135 Milano or via the customer care contact form.
14. VEXATIOUS CLAUSES
The User acknowledges and accepts that some paragraphs of the
GENERAL CONDITIONS contain certain vexatious provisions, including the points
listed below and that, therefore, he/she must expressly accept them during
registration, pursuant to articles 1341 and 1342 of the Civil Code: 2.
Completing the Contract; 3. The Yooppe Services (specifically, 3.2, 3.3, 3.4, 3.5, 3.6, 3.11, 3.12, 3.13 and 3.14); 4. User Representations and Warranties; 5.
Liability; 8. Duration and Survival of Clauses; 9. Withdrawal; 10. Termination;
11. Governing Law and Competent Court; 12. Changes. The User is invited
to carefully read the above clauses before completing the Registration on the Site/downloading
the App, waiving any claim in relation to them, even for reimbursement
or compensation.
15. SECURITY AND PRIVACY
Do you
think your account has been compromised?
If you
notice suspicious activity on your account, such as messages you haven't sent
or photos you haven't uploaded, there are a few things you can do to make sure
your account is safe.
Login in
with Facebook Login
If you
think someone has gained unauthorised access to your Facebook account, visit
the Facebook Help Centre for immediate and direct support contact us.
Login
with Email and Password
To keep
your account secure, we strongly recommend that you never share your login
credentials with anyone. If you believe your account has been compromised,
please contact us immediately.
Would you
like to report a Website/App vulnerability?
If you
wish to report a possible Website/App malfunction or vulnerability, please contact us.
For any kind of report concerning the
vulnerability and protection of your data you can refer to our Privacy Policy
or contact us immediately.
These GENERAL
CONDITIONS are updated on 07/11/2024 and, in the event that the Company should
make substantial changes to them, will give prompt notice to the User.