The website www.myLike-app.com and app “myLike”, (hereinafter: “myLike”) are operated by myLike UG (limited liability) Bruderstraße 8, 80538 Munich, Germany, HRB (Trade Register) 214654 Registry Court Munich, VAT-ID: DE 297081416, represented by: Managing Director UweHering, (hereinafter: Provider).
§ 1 Objective Use of myLike
Creating a myLike standard user profile is free of charge – except in case of subscription to paid services (to be released on the website www.myLike-app.com for further information) – for commercial usage and may be used in connection with the described profile for commercial activities.
As a standard user, you may store information, evaluate and comment on places and services (e.g. hotels, restaurants, physicians), as well as organize the aforementioned in lists and supplement the lists with pictures and videos. The visibility of the evaluated objects can be set up individually and shared with other users internally and externally by myLike. The myLike user can view, search, take over and evaluate approved contents contributed by other users. You can also establish groups or join existing groups. The administered number and size of groups is limited for standard users.
In addition, commercial users have the option to individually configure a recommendation, posted by other users – a so-called myLike – which concerns their business, after being approved by the provider and to supplement it with content (e.g. location – and contact details, images). Friends and followers can be sent information via the news channel (“News”).
The provider enables commercial users to create groups, which can be founded and managed or administered in either open or closed form. This allows the group administrator to create and distribute myLikes, lists and paths within the group (so-called concierge function). Upon request, commercial users can also create a news channel, over which they may send information. The user receives enquiries from other myLike users via his stated email address, as well as information from groups, of which he is a member.
In addition, the provider offers commercial users, against payment, a statistical function for analysis of the interactions of other myLike users, which is performed exclusively in anonymised form.
The provider reserves the right to host advertisements on the platform and to send commercial users, until unsubscription, a newsletter and information about myLike.
The user is responsible, exclusively, for the quality, correctness and visibility of the created or distributed content. The user profile is directly linked to the content, therefore making it identifiable.
The provider reserves the right to modify or change the scope of use, insofar as this is permitted. The use of myLike does not entitle the user to any legal rights concerning individual functions.
§ 2 Registration
A free registration for using myLike business services is required. Any legal entity or natural person 18 years of age may register by submitting the truthfully and thoroughly completed registration form to myLike. Only one profile per person may be created. The registration of commercial users may only be performed by persons, who are authorised to act on behalf of the commercial users and to enter into contracts on their behalf.
A service contract is entered upon the provider‘s e-mail confirmation. The provider reserves the right to reject registrations. The user shall select a personal username and individual password during the registration process. The username may not violate third party rights, other brand and trademark rights or proper morals, lead to confusion, or contain racist and discriminating descriptions.
You are obligated to keep the password confidential and refrain from disclosing it to third parties. Transfer of the user profile to another person is only permitted with the prior agreement of the provider.
§ 3 User Entitlements and Obligations
The user agrees to refrain from disclosing the password to third parties and protect it from third party access. The user is responsible for updating his personal data. Updates may be performed online after registration at “settings/my profile“).
By posting information and contents, the user grants the provider the free and global right to use the contents for any type for advertising purposes and transfer to third parties. Respectively, the provider shall be granted non-exclusive, free, unlimited, transferable, irrevocable and unrestricted sub-licensing usage right for any and all media and distribution types, in particular the right to reproduce, distribute and grant public access. This granting of rights only applies up to a period of one year after expiry of the concluded agreement in question.
The user is solely responsible for the quality, legality and visibility of the contents created or shared. The user profile is directly linked to the contents and can be identified. Therefore the user shall agree to refrain from violating current statutory regulations (e.g. personal rights), in particular, refrain from violating third party rights. In addition, the user agrees to refrain from posting insulting, discriminating, violence- glorifying, pornographic, racist, slanderous, youth- endangering, obscene and vulgar or other illegal or improper contents.
The user is not permitted, without prior permission from the provider, to download the website or the app, either partially or in full, to reproduce it and/or to distribute it or make it publicly accessible.
§ 4 Provider’s Rights and Obligations
The services subject to registration will be provided within the respectively agreed upon service scope, however, exclusively within the framework of the provider’s technical and operational capability.
The provider is not liable for continuous accessibility and functionality of the website and/or services. The user is solely responsible for the internet connection, as well as his own hard and software.
§ 5 Liability
The user hereby indemnifies the provider from all claims, including compensation for appropriate legal costs, which are filed through a court of law by third parties against the provider with the allegation that the data transferred by the users infringes their rights or breaches statutory regulations.
The provider is notably not liable for the contents posted by users; this particularly includes the completeness, accuracy, legality and up-to-dateness, especially in the event of violations of intellectual rights and/or third party rights. The provider is also not liable for the contents posted by users in the event of potential misuse by other users or third parties.
§ 6 Cancellation of the Contractual Relationship with myLike
The free myLike registration may be cancelled by the user at any time by deleting his profile without stating a reasons or complying with a termination notice.
The relevant agreements apply for the cessation of paid services. Please note, special contractual conditions when terminating an app shall apply.
If a registration has been cancelled, all profile data (name, address, friends, social profile, age and friend lists) will be deleted, unless required for legal pursuit or required under specific agreement. Evaluations on myLike will remain on the app and the website anonymously.
§ 8 Privacy Act
Certain data is collected, processed and stored when using myLike. This is implemented exclusively pursuant to the German Privacy Act. All additional information concerning data protection is outlined in the myLike Privacy Act declaration.
For questions and concerns regarding data protection and the personal data stored by myLike, the user may contact: [email protected] at any time.
§ 9 Legal Venue and Applicable Law
As exclusive legal venue, the parties agree on Munich.
German law shall apply, whereby the UN convention contract for the international sale of goods is excluded, in particular in cross-border situations.
§ 10 German Language
In the event of a conflict between any translated language version of the Terms and the German language original version, the German language version of the Terms shall govern and control. myLike may chose to communicate disputes, claims and causes of action (and related proceedings) in German only.
§ 11 Final Provisions
Status: February 2016