Terms of Service

ylyke - Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

This “terms of use agreement” sets forth the standards of use of the ylyke Service ("ylyke") for registered members (ylyker). By using the ylyke Service accessible via ylyke.com, ylyke.tv or ylyke.de  you (the "ylyker") agree to all paragraphs of these terms and conditions. If you do disagree on total or partially to the terms and conditions of this agreement, you should immediately cease all usage of this website and ylyke. We reserve the right, at any time, to modify, alter or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon posting on an ylyke website. Your continued use of the ylyke-service after amendments are posted constitutes an acknowledgement and acceptance of the agreement and its modifications. The german text of the use terms represents the valid agreement. The present English translations is courtesy of ylyke. It might only approximate the german text.

1            Introduction

1.1         It is the ambition of ylyke to make friends (frynds) and personal wishes (wyshes) meet. Therefore ylyke is providing an internet platform (ylyke.com) which enables registered users (ylyker) to tell their friends (frynds) via a personal wyshlist about what they like to have or like to do.

1.2         The ylyker has the option to add frynds to his fryndslist via email or with his friendlink. The fryndlist is only visible to the ylyker. Frynds can be removed from the fryndslist.
Der ylyker hat die Möglichkeit frynde per E-Mail oder über seinen Freundeslink zur Freundesliste hinzuzufügen. Die Freundesliste ist dabei nur für den ylyker selbst einsehbar. Frynde können von der Freundesliste wieder entfernt werden.

1.3         The friendlink is permanent and won't change - the ylyker has the responsibility to not share the link with people he doesn't want to be friends with.

1.4         frynds of the ylyker have access to his wyshlist. The ylyker can send an invitation to his wishlist, wich can contain selected wishes visible to anyone with the link. That link can be deactivated by the ylyker. The responsibility to share the link only with people the ylyker wants to share his wishes with is entirely by the ylyker.

1.5         Frynds or persons with the link to the wishlist have the option to reserve wishes. The wish will then be marked and can't be selected by others. This mark won't be visible to the ylyker. While the wish is reserved, no one else can reserve it. If a certain time passes the reservation will be lifted.

1.6         An ylyker does not see which frynd made a reservation.

1.7         ylyke is open for use to all persons. There is however no right to use or an obligation of ylyke to provide the service. The use of the ylyke service requires a registration. The ylyke account must be activated by answering a confirmation email.

2            Description of Service

2.1         ylyke provides a service for registered members (ylyker), allowing them to show their personal wishlist (wyshlist) to selected persons (frynds).

2.2         ylyke provides the technical framework, the ylyke internet platform. ylyke is not involved into any communication between ylyker and frynds.

2.3         The ylyke service is made available under the current state of the art. For technical and / or organizational reasons, it may be necessary to interrupt the ylyke service temporarily. Reasons for this are capacity limits, the safety of ylyke service, the integrity of the server or the implementation of technical measures in the interest of proper provision or improvement of services. Where possible, ylyke will announce limitations on the website. There is no right of members to uninterrupted availability of the ylyke service.

2.4         ylyke includes links to other sites (third party content) on the internet, offering goods or services. Such links might be tagged with labels such as: „advertisement“ or „offer of“ or by their positioning on the screen. ylyke is not taking any responsibility for third party content and quality of products offered therein. ylykers are free to decide about the use of links leading to third parties. ylyke is in no way involved If following these links leads to a purchase of goods or services. The contractual relation is only between customer and vendor.

2.5         The ylyker can use the service of third party content. If a purchase within those links to third party content is made, the contract is purely with the ylyker and the respective third party.

3            Registration

3.1         To use ylyke a registration is necessary. Registration and ylyke membership are free of charge.

3.2         Registration is done using an online registration form. All users are requested to fill the form correctly. Fields tagged “optional” might remain void. It is forebidden to register with wrong or with other persons data.

3.3         ylyke will confirm a registration with a message to the indicated mail. Registration is only complete if the account is activated by clicking the link contained in said mail.

3.4         After registration, the ylyker can use the ylyke service. To log into his user account, his email and password are required.

3.5         Any uncomplete registration will be rejected and all data entered so far will be deleted.

3.6         Please be aware that telling your credential to other persons might lead to undesired situations. You are requested to inform ylyke immediately if you suspect that your password is known by an other person.

3.7         There is no right to use ylyke or to become member. ylyke can reject any application without explanation. In case an application is rejected, all data related to this application are deleted.

3.8         ylyke can not totally exclude that a registration is done with wrong or untrue data. ylyke is therefore not liable with respect to the identity of an ylyer. In case of doubt, a frynd has to check himself that the ylyker is the person claimed to be.

4            Ending ylyke membership

4.1         A user can leave ylyke at any moment and without indication of reasons. To unsubscribe it is sufficient to click the „delete account“-button in profile .

4.2         ylyke can end the membership of an ylyker with a 14 days waiting period to the end of the month. The right to end the membership immediately for important reasons is not affected by this regulation.

4.3         After de-registration, all data referring to the respective user are deleted. There might be copies on backup media. Those will also be deleted following the backup cycle.

5            Building wishlists (wyshlists)

5.1         Building a wyshlist is entirely within the responsibility of the registered user (ylyker). This applies as well for the invitation of frynds and building a fryndlyst.

5.2         When invited, the frynd merely receives a link to the wyshlist of the inviting ylyker. Actual access has to be undertaken by the frynd himself.

5.3         It is the ylykers decision who shall become a frynd and receive his wyshlist. It is also up to him to evaluate whether a frynd might be embarrassed or hurt in any way by receiving an invitation or seeing the wyshlist. ylykers must refrain from sharing their wyshlist with persons where any kind of discomfort is likely .

5.4         It is within the entire responsibility of the ylyker, that any text or image used to describe a wysh is free of rights and not against ruling law.

6            Liability

6.1         ylyke is not responsible in any way for wyshlist content or fulfillment of wyshes.

6.2         ylyke is not liable if wyshes are controversial to individual beliefs or ethical standards. ylyke is not liable if links to such wyshlists are send to persons who might be embarrassed by seeing or reading such lyst.

6.3         It is within the entire responsibility of the sending ylyker, if reception of a wyshlist-link is taken as an intrusion into the private sphere of the receiving person. Any liability of ylyke in such an event is excluded.

6.4         ylyke is providing the technical service to make the platform work. A regular supervision of content is not part of the ylyke service.

6.5         Members agree to indemnify and hold ylyke, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of member's use of the ylyke-service, the violation of this agreement, or infringement by member, or other user of the service using member's computer, of any intellectual property or any other right of any person or entity. Members have to inform ylyke immediately if any of such claims becomes known to them.

6.6         ylyke is not liable for correctness and accuracy of any documentation accessible via third party links. ylyke is also not liable for technical conformaty or quality of products offered through third parties or any damage caused by purchase or use of said products.

6.7         The ylyke site is provided on an "as is" and on an "as available" basis. ylyke makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. ylyke has no liability for any interruptions in the use of ylyke.com, ylyke.de or ylyke.tv. ylyke disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

6.8         ylyke shall not be liable for any damages whatsoever, and in particular ylyke shall not be liable for any speical, indirect, consequential or incidental damages or damages for lsot profits, loss of revenue, loss of data or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, even if ylyke has been advised of the possibility of such damages.

 

7            Privacy

7.1         The concept of ylyke is based on the publishing of wyshes amongst a restricted user group. The ylyker decides which information he makes available and to whom.

7.2         According to § 33 BDSG ylyke points out that related to §3.5 and §8.1 of these use terms personal data are used and stored.

7.3         Collection, treatment and use of said data are depending on the approval of the owner of the data. By agreeing to the present use-terms approval is given.

7.4         ylyke points out that state of the art technolgy to forward data over public networks has a residual risk of breach of privacy. The user is aware that ylyke staff has access to web- and database servers and might be able to see ylykers, frynds and wyshlists.

8            Other terms

8.1         ylyke might use third parties to fulfill ylyke services. (Erfüllungsgehilfen).

8.2         The role and service of ylyke might be taken part- or entirely by third parties after announcement and a waiting period of 1 month. In such a case, the member can leave ylyke immediately without indication of reasons.

8.3         One or more paragraphs of these use terms being invalid does not affect the other paragraphs and the use terms as such.

8.4         It applies the law of the Federal Republic of Germany. Courtside is Lahr/Schwarzwald.

8.5         The present use terms become valid when agreed to during registration.

 

 

 

Lahr, August 2021

 

isi4 AG

the chairman