General Terms and Conditions of Business
By downloading or using the app, these terms will
automatically apply to you – you should make sure therefore
that you read them carefully before using the app. You’re not
allowed to copy, or modify the app, any part of the app, or
our trademarks in any way. You’re not allowed to attempt to
extract the source code of the app, and you also shouldn’t try
to translate the app into other languages, or make derivative
versions. The app itself, and all the trade marks, copyright,
database rights and other intellectual property rights related
to it, still belong to ProjectF.
ProjectF is committed to ensuring that the app is
as useful and efficient as possible. For that reason, we
reserve the right to make changes to the app or to charge for
its services, at any time and for any reason. We will never
charge you for the app or its services without making it very
clear to you exactly what you’re paying for.
The Dominated app stores and processes personal data that
you have provided to us, in order to provide our
Service. It’s your responsibility to keep your phone and
access to the app secure. We therefore recommend that you do
not jailbreak or root your phone, which is the process of
removing software restrictions and limitations imposed by the
official operating system of your device. It could make your
phone vulnerable to malware/viruses/malicious programs,
compromise your phone’s security features and it could mean
that the Dominated app won’t work properly or at all.
The app does use third party services that declare their own
Terms and Conditions.
Link to Terms and Conditions of third party service
providers used by the app
You should be aware that there are certain things that
ProjectF will not take responsibility for. Certain
functions of the app will require the app to have an active
internet connection. The connection can be Wi-Fi, or provided
by your mobile network provider, but ProjectF
cannot take responsibility for the app not working at full
functionality if you don’t have access to Wi-Fi, and you don’t
have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you
should remember that your terms of the agreement with your
mobile network provider will still apply. As a result, you may
be charged by your mobile provider for the cost of data for
the duration of the connection while accessing the app, or
other third party charges. In using the app, you’re accepting
responsibility for any such charges, including roaming data
charges if you use the app outside of your home territory
(i.e. region or country) without turning off data roaming. If
you are not the bill payer for the device on which you’re
using the app, please be aware that we assume that you have
received permission from the bill payer for using the app.
Along the same lines, ProjectF cannot always take
responsibility for the way you use the app i.e. You need to
make sure that your device stays charged – if it runs out of
battery and you can’t turn it on to avail the Service,
ProjectF cannot accept responsibility.
With respect to ProjectF’s responsibility for your
use of the app, when you’re using the app, it’s important to
bear in mind that although we endeavour to ensure that it is
updated and correct at all times, we do rely on third parties
to provide information to us so that we can make it available
to you. ProjectF accepts no liability for any
loss, direct or indirect, you experience as a result of
relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is
currently available on Android – the requirements for
system(and for any additional systems we
decide to extend the availability of the app to) may change,
and you’ll need to download the updates if you want to keep
using the app. ProjectF does not promise that it
will always update the app so that it is relevant to you
and/or works with the Android version that you have
installed on your device. However, you promise to always
accept updates to the application when offered to you, We may
also wish to stop providing the app, and may terminate use of
it at any time without giving notice of termination to you.
Unless we tell you otherwise, upon any termination, (a) the
rights and licenses granted to you in these terms will end;
(b) you must stop using the app, and (if needed) delete it
from your device.
Terms Terms and Conditions of Dominated Services
- Registration
- To use Dominated's
services, the registration form must be filled out with e-mail address,
password. Email address, age and gender, if provided, must be true. After
registration, the registered member becomes a Dominated user of the Dominated
services.
- The password is the
key to login with the nickname chosen during registration. To avoid misuse,
special obligations of the user therefore apply:
- The user is responsible for keeping the password secret. He is responsible for all
activities that take place under his nickname/email.
- Your own password must not be given to anyone. Neither ProjectF, nor volunteer
admins or moderators of Dominated will ever ask for a password, so that the
password cannot be given out even if asked by others.
- Passing
on the password to third parties can lead to the nickname/email being blocked.
- When
choosing a password, you should make sure that it cannot be easily guessed. It
should not be identical with the e-mail or other information provided during
registration.
- If someone
unauthorized uses an e-mail registered by another person, the administration
(e.g. a Dominated Admin (see point 7)) must be informed immediately by the user
concerned as soon as he/she becomes aware of this.
- Dominated disclaims
any responsibility for the registration of nicknames whose rights are held by
third parties. The consequences of registering and using such a nickname are
the sole responsibility of the respective user.
- By registering the
e-mail, the user declares that he is authorized to use this offer (see point 2) and that he accepts and complies with the terms of use. Since a
contractual relationship between ProjectF and the registering user is
established by the registration, the email chosen at the registration may
neither be sold nor given to other persons free of charge. Emails which are
passed on to third parties can be deleted or blocked immediately.
- Minors
- No minors may
register for Dominated Services. ProjectF reserves the right to allow a new
registration only from users who have reached a certain age. The completion of
the registration procedure is then only possible for users who are at least the
corresponding age.
- Minors who misrepresent
their authorization to use the Dominated Services in accordance with 2.1 during
registration are subject to tortious liability for damages caused by them.
- Rules of conduct
- Users must treat
each other with respect. None of the Dominated Services may be used to
threaten, harass or otherwise violate other users or third parties.
- Every user is
obliged not to culpably deceive or harm other users. This includes
impersonating an employee or representative of Dominated or a member of the
volunteer administration and thereby obtaining personal information about other
users
- Every user is
obliged not to culpably deceive or harm other users. This includes
impersonating an employee or representative of Dominated or a member of the
volunteer administration and thereby obtaining personal information about other
users.
- The Dominated
Services may not be used for purposes by which the User violates existing laws
of the Federal Republic of Germany.
- Every user is
obliged to comply with the applicable regulations for the protection of minors.
This includes that every user has to inform himself about the age of his
interlocutor. No content of a sexual, violence glorifying, discriminating or
morally reprehensible nature, which is suitable to seriously endanger the
development of minors, may be expressed towards minors. This applies regardless
of whether these contents violate legal regulations.
- User activities
that are designed to sabotage or at least make it more difficult to use the
Dominated Services or their use are prohibited. Prohibited are measures that
can influence the physical or logical structure of the networks used.
- The use of programs that write texts for the user in the chat or
otherwise prevent the automatic disconnection after long periods of inactivity
in the chat (so-called bots) is prohibited.
Likewise, the use of programs with which influence can be exerted
on the games or user information (info) provided
in the chat (so-called cheat programs) and of programs which automatically
carry out the registration for the user is prohibited.
- Contents and statements
- No content and/or statements may be published, transmitted or
uploaded that violate existing laws of the Federal Republic of Germany, those that
are of an insulting character, glorify violence, are obscene or discriminatory.
This also includes contents that can be reached via links set by the user.
This includes content with which the user may be liable to prosecution, such as
in particular
- the
dissemination of propaganda material of unconstitutional organizations (§§ 86,
86a StGB)
- Incitement
of the people by spreading writings of unconstitutional organizations (§§ 130
II No. 1 StGB)
- the
incitement to criminal offences (§ 130 a StGB
- the
spreading of writings glorifying violence (§ 131 I StGB)
- the
insult of denominations, religious communities and world view associations (§
166 StGB)
- the
distribution of pornographic writings, including child pornography, sexual acts
of humans with animals (§ 184 StGB)
- Insult,
slander and defamation (§§ 185 ff. StGB)
- Prohibited
communications about non-public court hearings (§ 353 d StGB)
- the
unauthorized utilization of copyrighted works (§ 106 UrhG)
- In addition, the
use of offensive content, ambiguous designations and other representations that
are on the verge of legality is also prohibited.
- Only such content
and statements may be published, uploaded or transmitted for which the user has
the necessary rights. The publication, uploading or transmission may not
infringe any third-party copyrights, trademark or patent rights.
- Each user is
responsible for making backup copies of the content he or she has posted. This
also includes the software used by him. Dominated is not responsible for any
loss of data unless it is due to intentional or grossly negligent behavior of
ProjectF.
- Advertising
- The Dominated
Services may not be used for advertising purposes. This includes advertising
for commercial websites in, for example, Dominated chat channels or in the
Dominated forum. It is also prohibited to advertise for personal purposes by
sending unsolicited e-mails to other users.
- A contractual
penalty of 500.00 Euro is due for advertising for commercial pages. This does
not affect any claims for damages of ProjectF.
- Admins, team members and channel moderators
- Volunteer members
of the administration, such as administrators, team members and channel
moderators are persons elected by the Dominated root chatters or selected by
Dominated, who observe the mood and content at Dominated and are authorized to
take action against users who do not comply with the terms of use or community
etiquette.
- To maintain a
positive and pleasant chat climate for all users, the administration is
entitled to block users who violate the terms of use despite reminders.
- Personal and private use
- Each member may use
the Dominated Services for personal use only. The services are also intended
for private use only.
- Each user may only
use the Dominated Services with a nickname that he or she has personally
registered.
- The use of all Dominated
services for commercial purposes is permitted only in exceptional cases and
requires the written consent of Dominated. In the event of such exceptional
permission, business use is at your own risk.
- Personal and
private use also includes that the area made available for the user may not be
sold, licensed, given away or otherwise made available for use by third
parties.
- Personal responsibility of the user
- Each Dominated user is
fully responsible for his or her activities within the Dominated services. ProjectF
does not review content and statements before they are posted on the Internet.
- Photos & Videos
- Dominated allows
its users, under certain conditions, to post Photos & Videos within the provided
service. The user is free to make use of this offer.
- Users who upload a
photo or Video within Dominated's services have no right to have it published. Dominated
reserves the right to inspect the Photos & Videos, about the fulfillment of the
conditions set out in point 9.3
- If the user upload
an image or video, this image must meet the following requirements:
- The
user must have the rights to the content he/she has posted or at least the
permission of the rights holder to post it on Dominated.
- If
there are people in the content other than the user, the consent of all people in
the content must be obtained before the content is set to Dominated.
- The
content may not show criminal acts.
- If and to the
extent that the User publishes photos or videos through Dominated, the User agrees that Dominated
may retain these Photos & Videos as long as they are published on Dominated by the User
on secured databases, even if they are marked as deleted, until there are deleted from the Database.
- Private chats
- A so-called private chat is a chatroom that can be created by a
user himself and therefore not created by ProjectF. Such private chats can be
private or public private chats and can be maintained by users. Depending on
the chat status or experience level a user can be enabled to create private
chats.
The name of the private chat will be made public. The name of private chats is
only given by the creator of the channel and is not listed in public visible
lists but can be viewed by the administration to check the private chat.
- Access to public private chats may not be denied to individuals
arbitrarily or without reason. However, topic channels may be created to which,
according to the topic, only certain groups have access (e.g.: only women, only
men, only persons over 18 etc.). If access is thus restricted to a specific
group, this restriction must not be discriminatory against another group.
Irrespective of possible access restrictions, members of the administration as
well as employees of the chat operator may enter
any private chat for administrative purposes.
- Chat name, topic
and additional information must also comply with the conditions defined under
"4. Content and Statements" and may not have any party-political or
politically extreme reference. They may not contain the name of a person who is
not in public life; names of persons in public life may only be used with their
consent. Neither may the rights of third parties be infringed with chat names,
topics and additional information.
- To design the private chat, the creator can use graphics, photos
etc. as background graphics or for further design for the channel. These
pictures must comply with the conditions from "9. Photos & Videos" and
"4. Content and Statements".
By uploading a picture, the user may not violate any rights of third parties
(e.g. copyrights) and may not convey any party-political or politically extreme
message
- If the creator of a private chat violates a rule of conduct
defined in these terms, the private chat of the user can be blocked or deleted
by ProjectF.
- The operator also reserves the right to delete private
chats, if:
- these have a low activity,
- there is a danger of confusion with other, larger private chats,
- legitimate
interest of the operator, such as complaints of other users, demands a
deletion.
- Rights of ProjectF
- In the event of a
violation of these Terms of Use, Dominated is entitled and, based on its legal
responsibility under § 10 TMG, also obliged to exclude the respective user and
delete the content used by him or addressed to him/her. ProjectF is not obliged
to send the user a warning before deleting the content
- If a user has not
used Dominated services for two months, dominated may cancel the user's
registration. Dominated is not obligated to warn the user before deleting the
registration and the content.
- Dominated may also change these terms and conditions at any time.
Users will be notified of the change by email or In-App message.
- ProjectF can make
changes to the Dominated services at any time.
- Liability of ProjectF
- ProjectF is not
liable for content and activities originating from users and not managed by
ProjectF. It is not attributable to ProjectF, nor does it represent the
opinion of ProjectF. Content includes links placed by users within the
Dominated services.
- The links contained
in the Dominated services are not controlled by ProjectF. ProjectF is not
responsible for the content, links, updates or other changes on these sites.
- ProjectF and/or
its agents and representatives make no warranties or representations that the Dominated
Services will be fit for a particular purpose, reliable, available or timely.
The Service is provided "as is" without warranty of any kind, unless
the defectiveness of the Service is due to intentional or grossly negligent
conduct by Dominated or its agents or representatives or the breach of material
contractual obligations.
- Any liability of ProjectF
and/or its vicarious agents and representatives for indirect damages, in
particular consequential harm caused by defects, unforeseeable or atypical
damages as well as loss of profit is excluded. ProjectF is also not liable for
governmental measures, labor disputes, accidental damages and force majeure
through no fault of ProjectF.
- The foregoing
provisions of this clause cover all contractual and non-contractual claims
arising from this agreement or use of the Service.
- ProjectF does not
guarantee the continuous availability of its services. This includes that the
material set up on the server is available on the websites uninterrupted and/or
error-free, as well as the presence of viruses or other harmful components.
Legal validity of the document
If sections or individual
terms of this statement are not legal or correct, the content or validity of
the other parts remain uninfluenced by this fact.
Final provisions
No joint venture,
partnership, employment or agency relationship is created between Dominated and
any user by this Agreement or use of the Dominated Services.
Applicable law is
that of the Federal Republic of Germany.
Changes to This Terms and Conditions
We may update our Terms and Conditions
from time to time. Thus, you are advised to review this page
periodically for any changes. We will
notify you of any changes by posting the new Terms and
Conditions on this page.
These terms and conditions are effective as of 2021-08-13
Contact Us
If you have any questions or suggestions about our
Terms and Conditions, do not hesitate to contact us
at project.f@gmx.net.