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General Terms and Conditions (GTC) - status as of 01.09.2015

Introductory remarks

Yugo.com (hereinafter: „Yugo App“) provides an interactive online offer, which is accessible through various internet domains as a social community/social network. This is a platform in which the users may post their experiences, which can be discussed between the registered users. Yugo App’s focus is the subject of personal experiences, i.e. the presentation of interests and experience of the users in this matter, which is done through reports, pictures and similar media.

1. Scope of application

1.1The following General Terms and Conditions (hereinafter: ”GTC”) set the groundwork on which the services offered by Yugo App can be obtained by users. The GTC regulates the relation of Yugo App as the operator with the registered users, as also the relation between users themselves. By means of registration at Yugo App the user expressly agrees to this GTC.

1.2GTC applies for all functions, contents and further services that Yugo App offers. Nonetheless, for certain applications specific conditions may be agreed upon with the user. Yugo App will however put the additional conditions to user’s attention prior to use of such application. Access to certain services within Yugo App can be limited to certain users or groups of users.

1.3It is for users who have registered earlier at Yugo App possible that an earlier version of GTC with possibly different regulations may apply. Yugo App does however grant the right to such users to make this GTC a contractual basis between the operator and the user.

2. Subject matter - social Community / social Network „Yugo App“

2.12.1 Yugo App is an internet platform which offers free-of-charge access and is intended for private users. It offers an information service which supports the users in deposition and presentation of their personal experiences and in the buildup and management of their contact network. The subjects “personal experiences” and “event organization” are thematically speaking in the foreground. Each user registers using his username and his real name and can be found under these criteria by other interested users as a person all together with the contents he posted. Stating an artist’s name, avatars, data of a third party and other denominations, which do not correspond with reality, is allowed when choosing a username, but on the other side prohibited when entering the real name. Community Yugo App aims to support the communication between parties, i.e. users interested in the same subjects (e.g. interested in a particular country) and in this manner aims to improve the communication between persons sharing similar interests. Yugo App reserves the right to introduce fee-based offers in its portfolio at a later time.

2.2Yugo App offers a technical platform for bringing users together and gives them the possibility to communicate and to post their own contents. Yugo App is not involved in the communication between users content-wise.

2.3Operator provides the registered user with one page meant to contain the user’s personal data (“User profile”). Users of Yugo App can present their interests on that page, whilst other users are able to see it. Furthermore, by using various functions the user can post data and contents (e.g. texts, pictures) which are unrestrictedly visible on the internet (e.g. experience reports with pictures). The user can exchange views and swap ideas with other users and add other users in his personal contact list.

Each internet user and each registered Yugo App user can unrestrictedly see at least the user name chosen by the user and user’s profile picture, which is something the user himself cannot limit.Additionally, the user can by himself at any time set or modify in his personal settings, which of the other personal data will be visible for all Yugo App users, which will be visible for his personal contacts at Yugo App or for no one.

If the user does not modify Yugo App standard settings, all personal data from the user profile will be visible for all registered Yugo App users.

A further confirmation as to release of personal data of individual Yugo App users shall not follow and is herewith explicitly not required.

Content, meaning the contents and data in regard to experiences, travels, pictures, photos, places, geodata, videos and similar contents are in each and every case unrestrictedly visible on the internet, also for persons not registered with Yugo App.

2.4Identification of a person on the internet is not unlimitedly possible. Yugo App cannot therefore completely rule out a possibility of the user entering false data when registering with Yugo App. As a result Yugo App expressly states that it provides no guarantee for the true identity of its users. It is left to the user to make certain that the identity of another user is true.

2.5Yugo App strives to offer the highest possible availability and fail-safe functional reliability of its systems. However Yugo App does not provide guarantee for constant availability of its services. During operation there exists a possibility of technical interference, ongoing system maintenance, high system load caused by users or other influences, all of which are factors Yugo App is unable to influence on and which can in individual cases lead to fall outs and unavailability of Yugo App’s offer. In case of significant operational interferences Yugo App will, within the scope of its possibilities, brief the users in advance on the extent and duration.

2.6Yugo App develops dynamically, expands and adjusts. That being said, new functions can be introduced at any time, whereas the existing ones can be disabled. In case of a planned shutdown of significant functions, the user will be informed via E-mail beforehand, within a reasonable time frame. The user is not entitled to a permanent full availability of all functions.

3. Prohibited contents and responsibilities

3.1The user is solely responsible for the contents he posts and for the communication with other users. The user has the responsibility to respect the rights and interests of other users and third parties. The responsibility for all information, data, texts, pictures, photos, graphics, videos, news, links and other contents rests on the user who posts them. This means that solely the user, not Yugo App, carries the full responsibility for the content he supplies, releases or in any other way transfers into Yugo App. Fundamentally, Yugo App does not check the contents of users as a precautionary measure, and thus provides no guarantee for the accuracy and quality of such contents. The user is to be aware of that, as he is to be aware of the fact that by entering Yugo App he can gain access to contents which are offensive, indecent or in another way objectionable.

3.2The user has the obligation not to post any law-violating contents on Yugo App. Posting of following content is explicitly forbidden:

  • Depiction of violence and contents which can be brought to connection with drug abuse,
  • Radical political, religious or ideological notions (including symbols of those),
  • Pornography,
  • Contents violating custom and decency or contents which are inappropriate for children or youth
  • Illegal/punishable contents of every kind,
  • Contents which violate the law on protection of youth or present a threat to development and also
  • Contents which are threatening, racist, violence-glorifying, defamatory, harassing or are otherwise objectionable.

It is here irrelevant if such contents appear in the communication with other users or Yugo App personnel, or on the personal page of the user, or in form of a link which leads outside of Yugo App. The Yugo App Code of Behavior applies in each case. Yugo App expressly reserves the right to freely and by its own estimate assess the contents and users which violate the above stated rules and completely or partly erase them and terminate the contract in question.

Yugo App user page is primarily intended for private use. Therefore the user has the obligation:

  • Not to post any contents which hold commercial interests in its background,
  • Not to enter, release, transfer via Email or in any other way any contents which violate rights of third parties, especially patent, brand, copyright, business secrets or other intellectual property rights,
  • Not to take or support any anti-competitive actions, including canvassing,
  • Not to activate any kind of scripts in Yugo App and not to engage in automatic recall of contents and user info while using Yugo App,
  • Not to use Yugo App for harassment of other Yugo App users,
  • Not to attempt to obtain unauthorized access to data concerning third parties or to attempt to negatively influence functions of Yugo App by using technical measures,
  • Not to misuse internal communication systems of Yugo App for untoward, i.e. undesirable messages,
  • Not to deposit any defective, i.e. damaging programs with Yugo App or to link or hyperlink such,
  • Not to take any actions which can interfere with operation of Yugo App (e.g. hacking, attempts to circumvent the security mechanisms of Yugo App, to spread Trojans, viruses, worms, etc.).

3.3Facing the worldwide, technical character and availability of the Internet the user commits to abide by all national and international provisions in regard to the online use. Furthermore the user declares that he will abide by all, in the respective country applicable, national legal provisions concerning export of technical data.

3.4The user has the obligation to take appropriate measures to secure data deposited at Yugo App outside of Yugo App and to do so according to the latest technical standards. Thus it rests with the user to save important information using adequate media, so that complete access to the data is assured independently of Yugo App. Yugo App provides no guarantee against loss of data.

3.5The user has the obligation to check thoroughly and sufficiently if all above said requirements and rules have been met on his page before posting the contents on Yugo App.

4. Registration procedure and access data

In order to achieve the unimpeded operation of Yugo App, all concerned parties must first observe some rules:

4.1In order to be able to use full set of Yugo App functions, the user first has to register. He has no entitlement, i.e. claim on that. Hence Yugo App can reject a registration without giving reasons. In such case all data entered by the user will be immediately erased. Only legally competent users are eligible. Minimum age is 18 years.

4.2The user has the obligation to enter all data prompted during the course of registration in a truthful manner. There is a difference between the public user name and the real name. The user name can be chosen freely, but on the other hand in the box designated for the real name the user must exclusively enter the name and surname as registered with the competent registry office. Registration with Yugo App demands filling out of all mandatory fields. Multiple registrations are absolutely not allowed, i.e. an account set up earlier by the user must be erased by the user. Yugo App will timely confirm the receipt of data entered during the course of registration by sending an Email to the Email address given by the user. The registration procedure is only then successfully completed when the user confirms it by clicking the link sent to him in the previously mentioned Email. Only as of that moment the contract on the use of Yugo App comes into existence. If the registration procedure is not completely finalized, Yugo App will erase the account after an appropriate period of time.

4.3As a general rule Yugo App does not review truthfulness of user personal data entered by the user. Yugo App does however reserve the right to review, i.e. verify the above mentioned data in individual cases by seeking evidence upon which it will decide on the outcome of the registration.

4.4In the case of later changes in user access data, the user commits to immediately update his Yugo App settings by entering updated data. The user has the obligation to keep his log-in ID and his user password for himself and not to share those with any other persons or organizations. Should a user come to knowledge of the fact that third parties have come into possession of his password or may have done so and can use the password, he becomes immediately obliged to modify his password and immediately inform Yugo App about this in written form.

5. Use of contents on Yugo App, i.e. the users; Rights on entered contents and third-party rights

5.1Each user can post contents on Yugo App and by doing so add these to his personal deposited data. After the contents have been posted, these can be again deleted by the user at any time. In such case contents or pictures are as of that moment not invocable on the internet through Yugo App systems. Yugo App reserves the right to modify or delete contents and/or pictures without prior notice, if it finds indications that the public release of such contents and/or pictures violates law, custom or breaches third-party rights, or may do so.

5.2User is aware of the fact that as of the moment the contents are posted, they become publicly accessible and downloadable by third parties and can be further distributed. In this way possibilities emerge for third parties to use and duplicate these contents, which is not subject to the control on the internet of neither Yugo App nor the user. Furthermore, the user is well aware of the fact that Yugo App contains ads of various kinds, as for example ads which are user-specifically adjusted. User is also to be aware of the fact that the contents he posts on Yugo App undergo technical preparation. Please note that the technical processing and transfer of services, including the contents deposited by the user, may require data transfers over various technical networks as well as making various adjustments in order for those to meet the requirements of associated networks or facilities, technically speaking.

This specifically includes alterations of data format, package sizes, picture resolution and textual presentation of contents.

5.3Yugo App, i.e. contents posted by users can lead users – particularly via hyperlinks – to foreign contents and applications of third parties (hereinafter: ”Third-party content”). Such third-party contents are recognizable (e.g. explicit reference, different layout, different web address, etc.). If the user is offered to enter a contract in connection with third-party contents, the user would enter such a contract with the offering third-party or with a person referred to by the offering third-party, and by no means with Yugo App.

5.4Yugo App is not responsible for actions arising from use of Yugo App on the part of the user or third parties. The user is responsible for violations of third-party rights by the contents he posts on Yugo App. This applies especially for copyright and neighboring rights, personality and similar rights. The user has to act with due diligence and examine his content in light of previously stated third-party rights, before he posts them on Yugo App.

5.5Should any pictures or photos be posted containing in recognizable form persons other than the user, the upload of pictures may take place only if the depicted persons gave their consent for that upload.

5.65.6 Use of contents of Yugo App by the user

5.6.1 Users may use Yugo App and its data only for private purposes. Users may use the contact data of other Yugo App users only for the purpose of their own private communication and for no other purpose. Any use of Yugo App and its contents, which pursues interests of business, industrial or other commercial purpose is herewith strictly prohibited. The Yugo App Code of Behavior concerning the use of Yugo App is here to be observed and taken as a basis.

5.6.2 The contents posted on Yugo App may not be copied or distributed by the user or in any other way made publicly accessible outside of Yugo App by the user without the consent of the right-holder. Exceptions to this are cases in which the previously said is prescribed by law. It is especially prohibited to apply and use tools and programs which can in technically automated manner read out Yugo App data.

5.7Rights on the entered contents/Use of contents on Yugo App

5.7.1 By submitting information, contents, photos, graphics or other media content for purposes of making them public, the user therewith grants Yugo App in regard to said contents a free-of-charge, non-exclusive right to entirely or in part duplicate, modify, use and/or make public worldwide, as far as such actions serve the purpose of Yugo App’s presentation as a service provider, its expansion and progress. The aforesaid right to make public extends to all media and its technologies and applies for a limited period of time, that is while the user leaves the content posted on Yugo App. As soon as the user deletes the content, this right expires. Nonetheless, we cannot provide a guarantee that at the time of the deletion from Yugo App no third parties have already downloaded contents, pictures and videos or that the said contents are not visible elsewhere on the internet. Yugo App will however not use or share the said contents beginning with the moment of their deletion.

5.7.2 Should the user not be the holder of rights on one or more of the contents he entered, he is obliged to make certain that the actual owner of the content granted the necessary rights as per the aforesaid provisions.

6. Cessation of the right of use

6.1The user can at any time, on the Yugo App webpage or app, deregister and delete his user account. The operator can terminate the contract with the user in a regular manner subject to a 14-day notice. When deregistering it is sufficient that the user activates the control (in his user profile) for the deletion of the user account and confirms it. As of that moment the user account is deleted, alongside with all of the contents of the user. Right to extraordinary termination due to important reasons is an exception to the aforesaid regulation. An important reason exists especially when one of the contractual parties violates provisions of this GTC.

6.2Should an important reason be a violation of the GTC rules, therewith is the termination permissible only when a certain period given for the correction of errors had unsuccessfully elapsed or a warning to the user had gone unanswered. If the user in a serious or definitive manner rejects to fulfill his obligations or in an event of special circumstances, which after consideration of interests of all parties concerned justify an immediate termination, the contract is therewith terminated with immediate effect. Such special circumstance exists when the user posts or links/hyperlinks contents which demand immediate deletion due to being clearly opposite to allowed contents and being able to cause lasting damage to the reputation of Yugo App. Should the user be deleted by means of an extraordinary termination on part of Yugo App, he absolutely loses the right to use Yugo App any further. New registration is then strictly prohibited to such user.

6.3 In case of a termination the user does not have any claim on transfer of contents posted on Yugo App and Yugo App contacts. Should a contractual relationship cease to exist, Yugo App will:

  • Block the access to Yugo App to the user in question, so that no further use of Yugo App functions is possible,
  • Irretrievably delete user access and personal data as also the contents posted by the user,
  • As to other user contents (e.g. comments), delete the content in question or make the sender, i.e. author anonymous. Should the text of the content contain any names, that will be still be visible,

7. Blocking of contents, compensation for damages and indemnification of the operator by the user

7.1According to legal provisions, Yugo App does not have an obligation to constantly monitor or ,based on indications, browse through user-posted contents, which imply to illegal behavior of a user. Should Yugo App come to knowledge of such illegal activity and/or corresponding user contents, these will be either immediately removed or the access to them will be blocked.

7.2Should there be any reasonable indications that the user-posted content does not meet the requirements of this GTC or requirements of the Code of Behavior, the operator is at once and without prior notice authorized to immediately remove, block and/or delete that content and/or the Yugo App user in question. In making the decision, Yugo App will in each specific case take the interests of the user and the gravity of the violation into consideration. Independently from the aforesaid authorization to block, i.e. delete contents, the operator is also authorized within the scope of this GTC to terminate the contract with the user without stating cause and/or to file claims (e.g. claim for damages) against the user in question.

7.3Should a user be blocked, it is herewith prohibited for him to further use Yugo App. Furthermore, the blocked user is prohibited from registering again.

7.4The user is obliged to indemnify those damages, which Yugo App suffers as a result of a user’s violation of his obligation/s. Exception exists when the user is not responsible for the violation of obligation/s. The user indemnifies the operator in case of any and all third-party claims, which may arise out of user’s violations of GTC obligations, unless the user is not held responsible for the violation in question.

8. Indications of rights violations

8.1Yugo App offers a possibility to report contents to the operator by using a „Report as inappropriate“ function. Every user can do this, should he find a particular content to be in any kind of violation of his rights, rights of third parties or in violation of law. User should here provide precise information in regard to the identification of the content/s and as to exact fault/s of that content/those contents. Yugo App will analyze those indications in a timely manner.

8.1Yugo App is herewith granted the right to save contents and transfer them to third parties, if that is prescribed by law or if Yugo App, after an extensive and careful examination, finds it to be necessary and legally allowed. The aforesaid is only allowed for purposes of acting in accordance with legal provisions, court or other official order, for purposes of enforcement of this GTC, for purposes of defense against claims raised by third parties on grounds of different violations or for purposes of protection of rights, property or personal safety of Yugo App, its employees, users or general public.

9. Liability and its limitations

9.1Operator of Yugo App is only liable for damages which occur as a result of intentional or grossly negligent breaches of contract and for damages caused by slightly negligent breaches of essential contractual obligations. As to the previously said, operator’s liability is limited to those damages which are normally foreseeable at the moment of conclusion of the contract. This does not affect the liability of operator for damages to life, body or health of a user and the damages arising from product-liability-law violations. Yugo App is under no circumstances liable for contents, especially false or incomplete statements in relation to contents, nor for the damages, i.e. losses arising from the use of the contents which are posted and available on Yugo App.

9.2User can independently post links leading to other webpages, located outside of Yugo App. Because of the structure of internet Yugo App cannot exercise control over the status or possible modifications of those external websites. Therefore is Yugo App in no way responsible or liable for the availability of such external webpages and distances itself explicitly from contents made available on those pages and herewith excludes any liability or guarantee concerning those. Yugo App cannot therefore be made liable neither for damages or losses arising from use of such contents, nor for damages or losses arising from relying on such contents, nor for damages or losses arising from goods or services acquired in relation to such contents.

9.3The user indemnifies Yugo App against any and all claims third parties raise against Yugo App on grounds of breach of their rights by a user, made through contents posted or data entered in Yugo App or made by use of applications made available by Yugo App and their contents and functions. The user who caused the injury carries in such case costs of necessitated legal defense of Yugo App, including all court and legal fees in amounts prescribed by law. This does not apply only if the breach of right/s is verifiably not attributable to any culpable behavior of the user. In case of a legal action activated by a third party, the user has the obligation to immediately, without delay and in written form send to Yugo App all information available to him, which are necessary for the analysis of the claim and for legal defense. This does not affect the right of Yugo App to claim damages against the user.

9.4Previous limitations of liability apply also for companies associated with the operator and for personal liability of personnel, employees, representatives and agents of the operator. Claims for damages fall under the statute of limitations after a period of 12 months from the time the damages occurred, with the exception of claims arising from intentional or illicit activities, as well as claims whose cause is the liability from product liability law.

10. Data protection and data security at Yugo App

10.1Collection, processing and use of personal data on Yugo App takes place based on current, data-protection-law provisions, general data protection information relating to use of Yugo App and also based on user’s approval of personal data processing.

10.2Data security is of an immense importance for the operator of Yugo App. Therefore, data security is supported through a great number of measures. However, Yugo App does not play the role of an archiving system created for lasting backup of user data. Each user is thus requested to secure the contents he posts on Yugo App on his own and in an appropriate manner. Further information as to data security and data protection are to be found in the Privacy Statement.

10.3The whole idea of Yugo App is making data and contents public, so that they are visible on the internet. This goes also for user personal data, as well as for contents posted on Yugo App by the user. It is here to be distinguished between personal data which are visible to no one, personal data unrestrictedly visible to all other Yugo App users, personal data visible to the Yugo App contacts of the user and personal data visible to all internet users. The Privacy Statement is to be referred to in regard to questions concerning the visibility of personal data. The Privacy Statement comes into effect with this GTC. Yugo App user-profile settings make clear to the user which personal data are in which manner disclosed and which are not disclosed. The user can determine by himself the visibility of personal data through those settings. n any case the user name and the user profile picture are publicly and unrestrictedly visible on the internet, also by persons other than registered Yugo App users, which is something the user cannot restrict. The user explicitly agrees to the disclosure of these data within the scope of this GTC.

10.4Users are expressly prohibited from transferring other Yugo App users’ contact information without their permission to third parties or using those contact information for any commercial purposes, or enabling third parties to do so.

11. Copyrights of Yugo App and copyrights of the operator of Yugo App

User recognizes that all trademark rights, as well as signs and other similar rights in relation to the offer of Yugo App belong to the operator. These rights cannot be exercised anywhere else without acquiring prior permission from the operator in written form. Furthermore, no software from the Yugo App offer can be copied, deciphered, decoded or in any way altered without the operator’s explicit written permission.

12. Final provisions and dealings with modifications

12.1Yugo App reserves the right to, at any time and without stating cause, modify the regulations of this GTC, the modification process being subject to compliance with the following framework. Explicit exceptions to this are modifications in description of the subject matter of this GTC. With regard to modifications in promised services, Yugo App will inform its user and offer him an extension of the membership under different conditions, should such modification/s impair or may impair the interests of the user. Naturally, in such case the user’s right to terminate the contract remains unaffected.

12.2Should any other regulation of this GTC be modified, Yugo App will inform the user of said modifications per Email at latest two weeks prior to those modifications coming into effect. Should the user not object to the validity of the new GTC within a two-week deadline after Yugo App had sent the aforesaid Email, the new GTC shall be deemed accepted. Yugo App will explicitly point to the user the significance of this 14-day deadline in the aforesaid notification of modifications. In the case that the user makes an objection within the aforementioned 14-day deadline, the operator becomes authorized to terminate the contractual relationship with the user, observing the ordinary 14-day deadline.

12.3Yugo App may engage third parties as agents for the delivery of contractual services owed by Yugo App. Third parties can partly or completely replace the operator as the fulfiller of Yugo App’s contractual rights and obligations. However, this is subject to a one-month advance notice. In such case the user may disengage from the contract through termination without stating cause.

13. General / severability clause

This GTC and all contractual relationships of legal nature between the Yugo App operator and its users are subject to law of the Republic of Austria under exclusion of UN sales law. Place of fulfillment is the place of registered office of the operator. Should any individual provision of this GTC be without effect or lose effect or be in contradiction with any legal provision, the overall validity of the GTC, i.e. validity of other provisions shall remain unaffected. Parties to the contract shall by mutual consent replace the invalid provision with a legally effective provision, which best fits the commercial purpose of the invalid provision. The aforesaid regulation also applies for regulatory gaps.

Linz, 01.09.2015