We, the x-root Software GmbH, Theodor-Gietl-Straße 15, 83026 Rosenheim (hereinafter known as “x-root” and “we” or “us”), have developed the StarSnoopy Application (hereinafter known as “StarSnoopy”), which can be downloaded from various App stores. StarSnoopy is an organization tool for the management and sharing of wish lists and wishes. StarSnoopy can be operated and used worldwide from mobile end devices with iOS and Android operating systems.
Area of application – for whom and for what do these conditions apply?
- These Terms and Conditions of Use apply for your utilization of StarSnoopy with all its contents, functions and services as well as its rules for the relationship between you and us. Your General Business Terms and Conditions shall only become part of this business relationship if we have expressly agreed this with each other in writing.
- We can arrange additional Terms and Conditions of Use with you regarding certain applications within StarSnoopy. However, we shall inform you in good time of such additional Terms and Conditions of Use prior to utilization.
- We reserve the right to offer additional services on StarSnoopy.
- These Terms and Conditions of Use are directed both towards consumers and towards companies.
Scope of offers by StarSnoopy
- The subject of the business relationship is the use of the mobile Applications of StarSnoopy (hereinafter uniformly known as “Apps”) free of charge. All data is stored in the Cloud, and can thus be called up by different end devices.
- StarSnoopy shall provide the following to you for the use of different functions:
- Every user has their own profile which they are able to design personally using an image and a display name.
- In StarSnoopy, you can create new wish lists, manage them and invite other users to them. You as administrator/owner bear responsibility for the lists you have created, and can freely decide whom you wish to invite. You can design the wish lists individually using our predefined motifs.
- In addition, you can be invited to wish lists created by other users. However, you cannot lay claim to being on these lists. The administrators/owners of the respective wish list can decide freely whom they invite to their lists. You cannot lay claim to being invited into other people’s lists.
- You can send invitations to your wish lists using another service of your choice (Messenger, email, etc.) or post them on social networks. An invitation to a wish list is a conventional URL.
- With StarSnoopy, we offer you an App which facilitates the independent networking of users amongst each other. For this purpose, we prepare the technical prerequisites in the form of the Applications. We are not involved in any content participation regarding the networking and communications.
- We shall do our best to ensure that StarSnoopy remains available to you for use 24 hours per day and 365 days per year, but are expressly unable to guarantee this. Failures of the StarSnoopy App, regardless of the reasons, are possible and shall not lead to claims being made against us; you are obligated to accept them.
Registration, business relationship, use of StarSnoopy: rights and obligations
- Users must be at least 13 years old to be able to use StarSnoopy (in some jurisdictions, this age limit may be higher). This serves as protection against content generated by users which is not suitable for children under this age.
- Downloading StarSnoopy
- You can download StarSnoopy as a mobile App for different end devices with the operating system iOS and Android in the respective App store.
- You can also use StarSnoopy without registering. However, the scope of functions for non-registered accounts can be limited in temporal terms and scope.
- You must register if you wish to utilize all StarSnoopy functionalities.
- We offer you various log-in possibilities. You use any of these options to log in to StarSnoopy.
- For registration with StarSnoopy, you must state the required data truthfully and completely inasmuch as this data is marked as mandatory information. You must assign yourself a user name and an email address under which we can contact you. You are solely responsible for the content and the correctness of your information. Subsequent to log-in, we will send you a verification link via email. Using this link, you can verify your email. This verification is voluntary.
- Business relationship between you and us
- On the mobile Apps, the business relationships between you and us is created as soon as you click on the “Install” button on the product description page of the respective App store or, if applicable, enter your respective password.
- No claims can be made regarding the closure of a business relationship. We can reject your registration applications at any time without stating reasons. In such cases, we shall of course delete all information and data which you have given us.
- You may use all the free features in the StarSnoopy App free of charge.
- You yourself are responsible for keeping your password a secret. This means that you must keep your password for access confidential, must not forward it on to others, must not tolerate or facilitate knowledge of your password by third parties, and must take the necessary measures for maintenance of this confidentiality. In case of misuse or loss of the data or appropriate suspicion, you are obligated to notify us of this via email without delay under the email address firstname.lastname@example.org.
- Rules for the use of StarSnoopy
- During the use of StarSnoopy, you must observe all applicable laws and other legal regulations valid for you. In particular, you may not enter and/or distribute data or contents such as texts, images, graphics and links which violate legal regulations, or which infringe external protection or copyright laws or other third party rights. You yourself are responsible for the data and contents you provide. We shall neither inspect the contents for their correctness nor for viruses, or for their processability through viruses.
- You have the possibility to upload a profile picture into your profile or, if applicable, other content. Prior to the upload of each photo, you are obligated to ensure that you hold the exclusive rights of usage to the photo, and that making the image or other content publically available does not violate legal regulations, common decency or other rights of third parties.
- You may not upload and/or make publically accessible any files or contents containing depictions of violent, pornographic, discriminating, insulting, racist, libelous or other illegal contents or representations. Images or photos of other people than you may only be placed on StarSnoopy if the other person has given their consent.
- You and we may delete or replace images and files at any time. In particular, we are authorized to remove images or files, also without advance warning, if and inasmuch as specific indications show that their publication on StarSnoopy violate legal regulations, common decency and/or the right of third parties.
- Contents and texts placed on StarSnoopy may not be copied, distributed or otherwise made publically accessible without the consent of the copyright holder unless this is legally permitted.
- Harassment actions such as the sending of chain letters or offensive mail, or communications of a sexual nature are prohibited.
- It is prohibited to carry out attacks on the functionality of StarSnoopy, such as through the mass sending of emails (SPAM), hacking attempts, brute force attacks, the use of or sending of spy software, viruses and worms.
- Should you violate these rules, we are authorized to issue you with a warning, to block you temporarily or if applicable even to exclude you completely from the utilization of StarSnoopy. We are authorized to delete illegal content immediately and without first requesting feedback.
- Release from liability
- You shall release us from all claims, including claims for damage compensation, which other users or other third parties, including authorities, wish to assert against us due to a violation of their rights through the contents you have placed on StarSnoopy. Furthermore, you shall hereby release us from all claims, including claims for damage compensation, which other users or other third parties, including authorities, wish to assert against us due to a violation of their rights through your use of StarSnoopy. You shall bear all appropriate costs, including the appropriate costs generated for legal defense, which are incurred by us due to your violation of the rights of third parties. All further rights and claims for damage compensation by us shall remain unaffected. You have the right to verify that we have in fact incurred less costs.
- The abovementioned obligations shall only then apply inasmuch as you are responsible for the legal violation concerned, inasmuch as you knowingly or willingly neglected the due care required in data traffic.
- Data backup
- You shall take the appropriate precautions to back up the data and contents entered, uploaded and saved by you within the scope of StarSnoopy regularly and in line with the expected risks, and to create your own backup copies so that you can guarantee reconstruction of this data and information should they be lost.
- Identity of users
- It is absolutely not possible for us to determine with certainty whether a user registered on StarSnoopy actually has the identity they claim to have. For this reason, we can bear no guarantee for the correct identity of the users.
- Responsibility for contents
- We shall bear no responsibility whatsoever for the texts entered by you and other StarSnoopy users, the provided contents, images, data and/or information and for contents on linked external websites. In particular, we cannot guarantee that these contents are true; fulfill a certain purpose or can serve such a purpose.
- If you notice or suspect an illegal use or use contrary to the contract by StarSnoopy, you can report this fact at any time via the email address email@example.com.
Runtime of this agreement and termination
- The agreement on the utilization of the StarSnoopy App free of charge shall be closed for an indefinite period.
- You can end the business relationship at any time by selecting the button with the wastepaper basket within the profile display and thus deleting your account. Unsaved data shall be lost on termination, as we delete your account. We shall also remind you of this separately once again prior to deletion.
- We can also terminate the business relationship at any time without stating reasons.
Liability for defects
- We cannot be held liable for any deficits in StarSnoopy excepting those subject to mandatory legal regulations.
- You cannot claim for damage compensation due to a deficit in StarSnoopy which existed at the start of the business relationship or which occurred later.
For the utilization of StarSnoopy free of charge, our liability for intent and gross negligence of lack of a guaranteed property shall be limited. In case of intent, we shall be held liable to the full sum; in case of gross negligence and the lack of a guaranteed property, the liability shall be limited to the sum of the typical and foreseeable damage. Further liability claims shall be excluded.
Miscellaneous, final provisions and changes to the Terms and Conditions of Use
- The law of the Federal Republic of Germany shall apply.
- Should you have no place of general jurisdiction in Germany or in another EU member state, or if you have relocated your permanent place of residence to a foreign country after these Terms and Conditions of Use come into effect, or if your place of residence or habitual abode is unknown at the time a complaint is filed, the exclusive place of jurisdiction for all disputes arising from this contract shall be the location of our headquarters.
- Should individual provisions in these Terms and Conditions of Use be or be rendered invalid and/or contradict the legal regulations, the efficacy of the Terms and Conditions of Use shall not otherwise be affected. The ineffective provision shall be replaced in agreement by the contractual parties with such a provision which comes closest to the economic purpose of the ineffective provision in a legally effective manner. The abovementioned regulation shall apply accordingly for gaps in the regulations.
- We reserve the right to alter and adapt these Terms and Conditions of Use with effect for the future. You can request the respective current version of the Terms and Conditions of Use via firstname.lastname@example.org or download it from https://www.starsnoopy.com/terms-of-use, and can view it in the Apps under the menu item “About us”. In case of changes to these Terms and Conditions of Use, we shall notify you within the App of changes prior to your next use, and give you the opportunity to view the altered Terms and Conditions of Use in advance. You are then free to accept the changed Terms and Conditions of Use or to cease the utilization of StarSnoopy.