Terms and conditions
This is MyFavorito. Invented, developed, run and powered by:
99084 Erfurt, Germany
Phone: +49 361 66615810
MyFavorito end-user license agreement
1. General about MyFavorito
In accordance with this MyFavorito End-User License Agreement (the “Agreement”) the End-User is authorised to use the service MyFavorito (“MyFavorito”) provided by MyFavorito GmbH, Walkmuehlstrasse 1A, 99084 Erfurt, Germany. MyFavorito is an online-service for communication and information exchange between the End-User and various cooperation partners of MyFavorito GmbH such as companies, organisations and other MyFavorito-Users that use MyFavorito as a communication platform via smartphones and other mobile equipment and Internet connected computers, as this service is elaborated by MyFavorito GmbH from time to time. The “End-User” shall mean the holder of the mobile telephone subscription to which MyFavorito has been downloaded. By downloading and installing MyFavorito, the End-User confirms that he/she is over the age of 18 or is 15 years old and has parental permission to enter into this Agreement. MyFavorito GmbH undertakes to supply MyFavorito in the way described from time to time on MyFavorito’s website, www.MyFavorito.com.
2. MyFavorito and its scope etc.
MyFavorito consists of the services and products which from time to time are included in the description of MyFavorito at www.MyFavorito.com. MyFavorito GmbH shall not be liable for any disruption or distortion of information occurring in connection with transfer in mobile and fixed networks.
3. Registration and processing of information about the end-user
The End-User’s access to MyFavorito is individual. It is voluntary for the End-User to provide the personal data such as address details, that MyFavorito GmbH requests in connection with the End-User’s registration (“Registration Data”). However, in order for the End-user to be able to use MyFavorito in full, the End-User is required to provide the Registration Data and keep MyFavorito GmbH informed of any changes to such Registration Data. If the End-User provides incorrect, incomplete or out of date Registration Data, MyFavorito GmbH shall be authorised to terminate this Agreement with the End-User with immediate effect and at the same time shut down or terminate the End-User’s access to MyFavorito. The End-User’s personal data will be processed by MyFavorito GmbH in order to execute the Agreement with the End-User, delivering MyFavorito etc. If the End-user chooses a MyFavorito partner as "favorite" and thus builds a customer relationship, MyFavorito will then give the corresponding partner access to the end-users personal data for as long as the relationship exists. MyFavorito GmbH and its partners will process the End-User’s personal data for marketing campaigns, special offers, prize draws and prizes, loyalty rewards and new products or services offered in MyFavorito by MyFavorito GmbH or its cooperation partners. MyFavorito GmbH is also working together with authorised and licensed other service providers and will, where applicable, allow such service providers use the End-User’s personal data for the same purposes. MyFavorito GmbH may also use the End-User’s personal data to improve the performance and functionality.
Further, the End-User’s personal data may be processed by MyFavorito GmbH in order to follow up the End-User’s traffic between MyFavorito, any service provider and other websites that are connected to MyFavorito. If the End-User provides his or her mobile phone number or e-mail address as Registration Data, which improves MyFavorito’s functionality and provides MyFavorito GmbH with the option to make personal offers to the End-User, the End-User also consents to MyFavorito GmbH’s use of the specified mobile phone number or e-mail address for purposes of sending messages to the End-User. The End-User has the right to once a year and free of charge, upon written request to MyFavorito GmbH to the address listed above, receive an extract of the personal data that MyFavorito GmbH has registered on the End-User and information on how these data are used. The End-User also has the right to request that MyFavorito GmbH corrects or deletes inaccurate data concerning the End-User. By entering into this Agreement, the End-User consents to the processing of personal data as specified above and hereby grants the required consent to such processing under the German Personal Data Act.
A cookie is a text file a website/app that a person visits, saves on the visitor’s means for communication (smart phones and other mobile equipment and Internet connected computers) and that makes it possible to identify a person as a visitor. The information contained in a cookie can be used to track the visitor’s surfing on websites/apps that make use of the same types of cookies and thus, for example, offers shown can be adapted to the specific visitor.
There are two different types of cookies. The first type is more durable and saves a text file for a period of time on the visitor’s means for communication. This type of cookie has a definite expiration date and is used for functions which, for example, inform the visitor what is new since the visitor last visited the website/app. When the expiration date for the cookie in question has passed it is automatically erased from the visitor’s means for communication as soon as the visitor revisits the website/app that placed the cookie on the visitor’s means for communication.
The second type of cookie is more temporary (session cookies) and is stored on the visitor’s means for communication during the time a visitor visits a website/app. This kind of cookie is used for example to keep track on what language a visitor has chosen for the website/app and will disappear as soon as the visitor closes the web-browser.
5. The end-user’s handling of MyFavorito
The End-User shall provide all telephone, data, hardware, software and other equipment which is necessary for the End-User to access MyFavorito on MyFavorito GmbH’s server and shall bear all costs connected therewith, including traffic costs for mobile telephony and data traffic.
The End-User shall be solely and exclusively liable for all information which the End-User posts, processes, shares with others (via Facebook, Twitter, e-mail, SMS or in any other way) via MyFavorito or otherwise handles with the help of MyFavorito. The End-User shall further be solely and exclusively liable for the results which the End-User achieves by its use of MyFavorito. However, the End-User has no right to share any content of MyFavorito if it does imply that the content is shared in a systematic way through other channels in a manner where substantial parts of the content of MyFavorito is practically copied. The End-User shall not for commercial purposes reproduce, duplicate, make copies, sell, distribute or exploit any part of MyFavorito without a prior written agreement with MyFavorito GmbH regarding this. The End-User may not use MyFavorito as a part of automated processes for other software applications. The End-User shall adapt its use of MyFavorito to MyFavorito GmbH’s instructions.
The End-User also understands that MyFavorito contains information and offers from MyFavorito GmbH’s cooperation partners who use MyFavorito as a communications channel. MyFavorito GmbH shall not be liable for information or offers which such cooperation partners make available via MyFavorito, but instead the respective cooperation partners are solely liable for such information or such offers in relation to the End-User. MyFavorito GmbH shall not be liable for the content of external Internet-pages which are not operated by MyFavorito GmbH and to which MyFavorito GmbH or its cooperation partners insert links via MyFavorito. The End-User undertakes not to make any claims against MyFavorito GmbH in relation to such information or such offers.
The End-User also undertakes to respect copyrighted materials and trademarks (including but not limited to the names SITEFORUM and MyFavorito) to MyFavorito GmbH or its cooperation partners and which the End-User accesses via MyFavorito and not to use such materials or such trademarks outside the framework of MyFavorito.
The End-User shall be responsible for ensuring that the username and password, if applicable, received by the End-User for MyFavorito are kept in a secure manner and are not accessible to third parties. The End-User shall be liable for any unauthorised use of the End-User’s username and password for MyFavorito until the End-User has requested that MyFavorito GmbH block certain username’s access to MyFavorito.
If claims are made against MyFavorito GmbH or legal action is taken against MyFavorito GmbH or MyFavorito GmbH’s authorised and licensed service providers because of the End-User’s use of MyFavorito, the End-User undertakes to compensate MyFavorito GmbH for the remuneration and damages which MyFavorito GmbH is ordered to pay by way of settlement or under a judgement and to compensate MyFavorito GmbH for other costs incurred by MyFavorito GmbH in connection therewith.
6. Right to use software included in MyFavorito
Under this Agreement, the End-User receives a non-exclusive right to use software included in MyFavorito for purposes of using MyFavorito in accordance with this Agreement. All copyrights and other rights to MyFavorito including any software, is the property of MyFavorito GmbH or other right-holders who own parts of MyFavorito. Software included in MyFavorito may only be copied by the End-User to the extent which has been expressly permitted by MyFavorito GmbH. Under no circumstances does the End-User have any right to process, change or supplement software which is included in MyFavorito except as expressly specified in this Agreement. The End-User shall not be authorised to assign, lease, lend or otherwise grant access to all or parts of software in MyFavorito to third parties other than as permitted in writing in the Agreement. On the termination of the Agreement, all software included in MyFavorito shall be uninstalled by the End-User.
7. MyFavorito GmbH’S liability
MyFavorito GmbH strives to keep MyFavorito error free and available to the End-User, by MyFavorito having access to mobile and fixed networks. However, MyFavorito GmbH cannot guarantee that MyFavorito will be uninterrupted or that the service is otherwise flawless. The End-User acknowledges that MyFavorito GmbH may temporarily shut down MyFavorito for safety reasons or to perform technical or other maintenance. MyFavorito GmbH will normally provide information on planned temporary shutdown of MyFavorito, but shutdown of MyFavorito can also take place with immediate effect in cases where MyFavorito GmbH deems this necessary, for example, for security reasons.
8. Limitation of liability, etc.
MyFavorito GmbH shall not be liable for direct, indirect or other damage of persons or property or loss which the End-User or a third party may incur because of MyFavorito, use of or faults, such as disruptions, in MyFavorito or the information which is handled with the use of MyFavorito. MyFavorito GmbH shall also not be liable to any extent for data secrecy in connection with the transfer of information via mobile or fixed network in the use of MyFavorito. MyFavorito GmbH’s liability shall be limited to the above, except in the case of gross negligence or intent. MyFavorito GmbH’s liability under the Agreement shall always be limited to a maximum of EUR 200.
9. Term and termination
This Agreement shall come into force of the date when the End-User downloads and installs MyFavorito and shall remain in force until further notice. This Agreement may be terminated by MyFavorito GmbH at any time, subject to a notice period of thirty (30) days. This Agreement may be terminated by the End-User at any time, by uninstalling MyFavorito. On the termination of the Agreement, the End-User shall no longer be entitled to use MyFavorito.
If the End-User breaches the Agreement, MyFavorito GmbH shall have a right to terminate the Agreement with immediate effect and demand compensation from the End-User for all damage incurred by MyFavorito GmbH in connection with the End-User’s breach. MyFavorito GmbH shall also be entitled to terminate the Agreement with immediate effect if the End-User is declared bankrupt, suspends its payments or can otherwise be deemed to be insolvent.
This Agreement constitutes the entire agreement between the parties regarding the End-User’s use of MyFavorito. MyFavorito GmbH reserves the right to amend, add or remove functions in MyFavorito or amend the Agreement. The Agreement may not be assigned by the End-User to a third party without MyFavorito GmbH’s written consent. MyFavorito GmbH shall be entitled to assign the Agreement to a wholly owned subsidiary of MyFavorito GmbH. MyFavorito GmbH may also assign the Agreement to a third party as a part of a transfer of MyFavorito GmbH’s business related to MyFavorito to such third party. MyFavorito GmbH shall be authorised to hire subcontractors for the performance of its obligations under the Agreement. MyFavorito GmbH shall be liable for the subcontractors as for its own actions. This Agreement shall be applied and interpreted in accordance with German law. Any disputes arising in connection with the Agreement shall be resolved in a general court, with Erfurt District Court as the first instance. Notices to the End-User shall be sent to the e-mail address or the mobile phone number specified by the End-User in connection with the registration. Notices from the End-User to MyFavorito GmbH can be sent via the heading Contacts at www.MyFavorito.com. Notices to MyFavorito GmbH shall be deemed to have been received by MyFavorito GmbH when MyFavorito GmbH confirms receipt.