Terms and Conditions
Last updated: October 01, 2021
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://joinsingsing.com website (the “Website”) and the SingSing mobile application (the “App”, together the "Services") operated by FT Ventures GmbH, Kalckreuthstraße 13, 10777 Berlin ("us", "we", or "our").
1.1The App easily allows you to interact with other App users. In the App you are able to share messages, pictures and videos with other App users. The services provided in the App are consisting of interactive functions that give users, in particular, the ability to post content, including, but not limited to, text, pictures and videos. Once you post content in the App other users can see your content through their use of the App or on the Websites. For more information about the App please visit the Websites. Some features of the App might also be accessible via the Websites.
2.1 In order to use the App you must accept these Terms when you first open the App. By accepting the Terms in the App (in general by clicking on a respective button) the user submits an offer to conclude a contract for the use of the App (the “Contract”). SingSing accepts this offer of the user by providing the corresponding App services to the user. SIngSing is, however, not obliged to conclude a respective Contract with a user.
2.2 The use of the Services is only allowed (i) for users that are consumers, and (ii) for non-commercial purposes.
2.3 The use of the Services is free of charge for you.
3.1 Upon conclusion of the Contract (see above section 2.1), SingSing grants to you - subject to the limitations set forth in these Terms (see in particular sections 4 and 6 below) - a limited, non-exclusive, non-transferable, non-sub-licensable, right to use the App for the intended purposes of the App and for the duration of the Contract, limited, however, to an only personal and non-commercial use of the App.
3.2 You allow us to use the content that you post in the App (“User Generated Content”) (in particular content that is protected by intellectual property rights) in order for us to provide you with the respective App services in the App (in this context and for such purposes we are, in particular, allowed to host, use, distribute, modify, perform, reproduce, copy, publicly perform or display, translate and create derivative works of the User Generated Content (such types of use together the “Use Rights”)). The license in the aforementioned sentence is granted to us cost free and for the purpose of providing you with the App services.
3.3 If and to the extent the Websites also provide the User (in the future) with the possibility to post content on the Websites similar to User Generated Content (such content also the “Website User Generated Content”), then the aforementioned granting of rights in favor of SIngSing as set forth in section 3.2 above shall apply mutatis mutandis to such Website User Generated Content. If and to the extent the Websites also provide the User (in the future) with the possibility to post Website User Generated Content.
4.1 You may only use the Services and the services provided in the App and on the Websites for the intended purposes of the Services. Any other use of the Services that is not explicitly granted to you in these Terms is (i) not allowed, and (ii) with regard to the App not covered by the license granted to you in section 3.1. In particular, you shall comply at all times with the restrictions of use and the obligations set forth in sections 4.2 to 4.3 and 6.
4.2 The User undertakes to not post in the App and/or on the Websites:
We reserve the right to remove User Generated Content and Website User Generated Content that does not comply with any of the rules set forth in this section 4.2.
4.3 With regard to the Services the User undertakes to not:
5.1 You are responsible for the posts that are created by you or via your device. We cannot guarantee that all Third Party Content is true and accurate. We, in general, do not (proactively) check whether the content posted by a user is (i) true and accurate, and/or (ii) in violation of the applicable laws.
5.2 In order to prevent that your device and/or your App account is compromised by third parties (e.g. through malware) you shall take all reasonable safety measures, in particular, you shall install without undue delay the most recent updates regarding (i) your device (in particular updates of the devices’ operating system), and (ii) the App.
5.3 If you become aware of any security gaps regarding the Services or material violations of these Terms by other users we are very thankful and happy if you notify our support team (using the in-app form or the form on the Websites).
6.1 The “Services Contents” are our property or the property of the respective licensor and are protected under copyright law, trademark law and/or other statutes protecting intellectual property (“Services Contents” in the meaning of these terms shall include all elements of the Services, i.e. data and material including images, graphics, illustrations, designs, symbols, photos, texts and other depictions with the exclusion of User Generated Content, Website User Generated Content and Third Party Content).
6.2 Any kind of use and/or reproduction of the Services Contents without our explicit prior consent is a violation of the applicable law and prohibited under these Terms.
7.1. Insofar as technically possible and economically reasonable, we strive to make the Services available at all times. However, we assume no guarantee of availability. Use can be temporarily limited if necessary due to capacity constraints, for reasons of security or system integrity or to perform technical maintenance and in order to provide proper and/or better services. In such cases SingSing will take the Customers’ legitimate interests into account, e.g. by informing them ahead of time (if possible).
8.1. SingSing shall be liable to User pursuant to the provisions of the applicable product liability laws, in cases of intent and gross negligence, for injury to life, limb or health, if SingSing assumes a guarantee, if any, as well as in all other cases of mandatory statutory liability, in each case in accordance with the statutory provisions.
8.2 In the event of a breach of material contractual duties (so-called “Cardinal Obligations”), SingSing shall be liable towards User for the reimbursement of damages. Cardinal Obligations are all obligations whose breach would jeopardize the achievement of the contractual purpose, as well as all obligations whose fulfillment enables the proper performance of the contract in the first place and on compliance with which you can generally rely. However, where a breach of a Cardinal Obligation is due only to slight negligence and does not result in injury to life, limb or health, User’s claims will be limited to damages in the amount of the typically foreseeable damage.
8.3 In all other cases, claims for damages against SingSing – regardless of their legal basis, in particular due to a breach of a pre-contractual duty or of obligations under the contractual relationship between User and SingSing by SingSing, its legal representatives, employees or vicarious agents or based on tort − are disclaimed.
8.4 To the extent SingSing’s liability is limited or disclaimed according to this section 8, this shall also apply to the personal liability of SingSIng’s legal representatives, employees and vicarious agents.
8.5 Any statutory liability privileges, e.g. pursuant to sections 8 - 11 of the German Telemedia Act (TMG) or to section 598 of the German Civil Code (BGB), shall remain unaffected.
8.6 The aforementioned provisions of this section 8 shall not entail any change in the burden of proof to the detriment of User.
8.7 User’s claims for damages shall become statute barred upon expiry of the statutory limitation periods, as of the statutory onset of these periods.
The User agrees to indemnify, defend, and hold harmless SingSing from and against any loss, expense, liability, damage, claim (including reasonable attorney fees) that arises out of User’s culpable violation of the User’s obligations under these Terms.
Insofar as the Services contain links and references to third parties, especially third party websites, we have no influence on the current and future design and contents of the linked websites and can therefore assume no liability. The use of these contents provided by third parties is at your own risk. Should you find that we have linked or otherwise referred to sites with illegal or questionable content, please notify us so that we can delete the link as quickly as possible.
SingSing may (temporarily) block the User’s use of the Services, in particular:
For the duration of a respective blocking of the User’s use of the App the license granted to the User in section 3.1 ceases.
13.1 The Contract is concluded for an indefinite period. The Contract may be terminated by either party at any time with a two week notice period. The Contract is terminated automatically if the User uninstalls the App from its mobile device.
13.2 In addition, the right of both parties to terminate the Contract without notice for cause remains unaffected. SingSing shall be entitled to terminate the Contract for cause without notice, in particular:
For complaints, feedback or questions regarding the Services, please contact our support team (see contact info on the Websites or in the App).
15.1 The current version of the Terms can be viewed, printed and/or downloaded as a pdf document on/from the Websites.
15.2 Under certain circumstances, SingSing may need to change and/or amend these Terms (e.g. in the case of changes in legislation relevant to the App). In such a case, SingSing shall notify the User of the corresponding amended terms in a suitable form. With regard to the use of the App, in general, this will happen when the App is (re)opened by the User. The User will then be asked to agree to the amended terms. In the event that the User refuses or rejects the acceptance of the amended Terms (i) the User shall be entitled to a termination without notice for cause pursuant to section 13. above, and (ii) SingSing shall be entitled to (a) a termination without notice for cause pursuant to section 13. above, provided that a corresponding termination appears to be necessary for SingSing and does not put the User at a disadvantage contrary to good faith, and (b) a right to block the User’s use of the App in accordance with section 12. above, provided that a corresponding blocking appears to be necessary for SingSing and does not put the User at a disadvantage contrary to good faith. SingSing shall again notify the User of the aforementioned possible consequences of a refusal of acceptance of the amended Terms by the User when announcing to the User the respective amended Terms.
15.3 SingSing is not willing and not obliged to participate in a dispute settlement procedure (Streitbeilegungsverfahren) in front of a consumer arbitration board (Verbraucherschlichtungsstelle).
15.4 The laws of the Federal Republic of Germany shall apply to these Terms.
15.5 Should individual provisions in these Terms be or become wholly or partially invalid, the validity of the remaining provisions will remain unaffected. The invalid provision shall be deemed to be replaced by a feasible provision which economically most closely reflects the purpose of the invalid provision. The same applies in the event that the Terms contain any omissions.