These Terms & Conditions (“T&C”) apply to your access and use of the PLVY app (“Service”) of PLVY UG, Gartenstrasse 23, 10115 Berlin, Germany (hereinafter referred to as “PLVY” or “we/us”).

Please read these T&C carefully, by downloading, accessing and/or using the PLVY app, you agree to be bound by these T&C. If you do not agree to these T&C, please do not use our Service.

We may modify or change these T&C at any time and in our sole discretion. If we do so, we will provide notice of such changes, such as by sending a push-notification before the Service is next used by you.

Your continued use of the Service will confirm your acceptance of the revised T&C. If you do not agree to the amended T&C, please refrain from using the Service and delete your PLVY app.

 

1. PLVY Service

PLVY shall provide you with a mobile app that allows you to interact with like-minded sports people as well as discover events/activities in your area.

Through your profile you show to users around your location certain Facebook data such as education, age and profile photos as well as your sports and interests. You mutually see the same data and info of the users around you and you can connect with them, follow them and chat with them. Moreover you see events (sports activities) around your location in a map and/or in a list view and you can join them as well as invite other users to them and create such events yourself.

More information about the functionalities can be found at our website: www.getplvy.com

2. Costs

Download and usage of the app is for free. In order to finance the app, we may introduce in-app purchase features at a later stage.

3. Create an account

In order to use the Service you need to create a PLVY account. Your account will automatically be created after you started the app for the first time.

Please do not create an account if you are not over 18 years of age.

When you create an account you login with your Facebook account and you agree to keep your password (Facebook password) secure and safe and accept all responsibility for any activity that occurs while logged into your PLVY account.

4. Push-Services

After downloading the app and logging in you accept to communicate with you electronically via Push-Services. If you give your consent you will get Push-Notifications, e.g. if someone invited you to an event or is following you or sent you a message. We will further inform you via Push-Notifications if these T&C of Services and/or our Privacy Policy is changed and if there are other news around the App like new features.

You can deactivate these messages at any time by changing the notification settings on your device.

5. User content and conduct

The Services consist of interactive features that allow users to post  sports related events and publish certain content through their user profile, including but not limited to text, photos or other materials (“User Content”). You understand that your User Content will be viewable by everyone that possesses the PLVY app. When you post events, profile information or otherwise make available content to our Service, you hereby grant the PLVY UG a worldwide non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, create derivative works from such content and to publish, distribute, perform and display it throughout the world in any manner or media, on or off the PLVY app. You agree to abide by the below-mentioned conduct guidelines, which may be updated from time to time. If we update these guidelines for user conduct, we will provide notice of such changes. You may not post, link, license or otherwise make available on or through the Service any of the following:

  • Content that is illegal or unlawful
  • Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code
  • You agree you will not do any of the following when using the Service:
  • Use the Service if you are not over 18 years of age
  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the services, or that could damage, disable, overburden or impair the functioning of the Services in any manner
  • Engage in any harassing, intimidating, predatory or stalking conduct
  • Compromise the security of the Services
  • Send any unsolicited or unauthorized advertising, spam, data streams, solicitations or promotional materials
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data (unauthorized spying on or accessing other computer systems)
  • Use or attempt to use another user's account without authorization
  • Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access
  • Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your PLVY account
  • Use the Services for any activity that violates these T&C
  • If you discover or suspect any Service security breaches, please contact us directly.

You further agree to abide by any third-party T&C that apply, including the iTunes App Store T&C of Service and/or the Google Play Store T&C of Service. You acknowledge and agree that the availability of the PLVY app is dependent on such third party from which you received the app. You agree that the usage rules for the app are subject to any additional restrictions set forth in the usage rules for the third party T&C of Service as of the date you download the app. In the event of any conflict between the T&C and conditions of the third party T&C of Service and the T&C and conditions of these T&C, the T&C and conditions of the third party T&C of Service will govern if they are more restrictive.

6. PLVY License Agreement

This License Agreement is between you and PLVY, and governs your use of the PLVY app made available for use on smartphones and other electronic devices.

PLVY grants you a limited, non-exclusive, non-transferable and revocable license to use the PLVY App for your personal, non-commercial purposes. You may only use the PLVY app on a device that you own or control and that is permitted by any applicable usage rules applied by your device’s manufacturer or by the marketplace at which we have made the app available. The T&C of this license will also govern any upgrades provided by PLVY that replace and/or supplement the original app, unless such upgrade is accompanied by a separate license, in which case the T&C of that license will govern.

However, unless we expressly state otherwise, your right to use the Service does not include:

  • Using the PLVY app on any mobile device that you do not own or control
  • Modifying or otherwise making any derivative uses of the Service or any portion thereof
  • Downloading (other than page caching) of any portion of the Service or any information contained therein
  • Reverse engineering, decompiling or access to the Service in order to build a competitive product or service
  • Using the Service other than for its intended purposes.

Should you do any of the above, PLVY may terminate your use of the Service, and you may have infringed the copyright and/or other rights of PLVY, which may subject you to prosecution and damages.

7. Responsibility for user content, data and/or information

You agree that you are solely responsible for your User Content.

PLVY can not accept any responsibility for content, data and/or information provided by you or other users of the Service. We shall in particular not guarantee that the posted content is true, fulfills a specific purpose or can serve such a purpose.

Should you become aware of a use of the services that violates these T&C or the law, we ask you to inform us immediately here.

8. Intellectual Property Rights

The design of the PLVY app along with the texts, scripts, graphics, interactives and other features created by PLVY, as well as the trademarks, service marks and logos contained therein are owned by or licensed to PLVY, subject to copyright and other intellectual property rights and the German and foreign laws and international conventions. PLVY provides the Service to you as it is for your information and personal use only. PLVY reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of posts of your contacts obtained through the Service for any commercial purposes.

9. Warranty

The Service and content included on or otherwise made available to you through the Service is provided on an as is or as available basis without any representations or warranties of any kind.

While PLVY attempts to provide a good user experience, we cannot and do not represent or warrant that the Services will always be secure or error-free or that the Services will always function without delay, disruptions or imperfections. PLVY cannot guarantee that its Services are virus-free. The user shall take all necessary safety measures and install the latest security updates, in order to prevent viruses.

In the event of any failure of the app to conform to any applicable warranty, you may notify the marketplace from which you have downloaded the app.

Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

10. Limitation of Liability

PLVY shall only be liable for willful intent or gross negligence. This limitation of liability does not apply to claims for damages that result from injury to life, body or health.

PLVY shall not be liable for slight negligence, if no essential contractual obligation is violated, as far as no guarantee has been agreed upon for the quality of the Services, as far as there is no maliciously concealed defect, default or impossibility for which PLVY is responsible. In case of slightly negligent violation of essential contractual duties, the fulfillment of which is required for the due execution of a contract and the observance of which the user relies on and may rely on, the claim for damages shall be limited to the amount of typically predictable damage. The above limitation of liability does not apply to claims for damages that result from injury to life, body or health. The liability according to the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

As far as PLVY’s liability is excluded or limited, the same applies for the personal liability of PLVY’s employees, representatives and agents.

11. Indemnification

You agree to defend, indemnify and hold PLVY harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the PLVY Service; (ii) your violation of any term of these T&C; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your posts caused damage to a third party. This defense and indemnification obligation will survive these T&C and your use of the PLVY Service.

12. Change of Service

We may in our sole discretion review, improve, modify or discontinue, temporarily or permanently, the Service and/or any information or content on the Service. If we do so, we will provide notice of such changes, such as by e.g. sending a Push-Notification to you.

You agree that PLVY will not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.

13. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these T&C, without notifying you or obtaining your consent.

14. Privacy Policy

We provide you with information on how we collect and process our user data in our Privacy Policy.

15. Governing Law, Side Agreements

These T&C shall be governed by and construed in accordance with German law, and any dispute between you and PLVY relating to these T&C will be subject to the exclusive jurisdiction of the courts of Germany.

In case individual provisions in these T&C are or become invalid, or should gaps arise in these T&C, the validity of all other provisions shall not be deemed affected thereby. Instead of the ineffective provision or for replenishment of gaps an adequate provision shall apply, which – to the extent legally permitted – comes as close as possible to what PLVY would have wanted in the first place, provided that PLVY had thought of the invalid or incomplete provision.

Side agreements require written form. Also, any waiver of the written form shall only be made in writing.

16. Contacts

You are always welcome to contact us for any feedback, questions, complaints or claims you may have related to the Service. Please contact us directly.