Status: November 27th 2012
"myiyo" designates the contractual service and/or mo’web GmbH
myiyo operates an interactive online service under various top-level domains (.COM, .DE etc.) and various subdomains and aliases of those domains, the content of which is a communications network and market research panel. All websites where the services of myiyo are made available are referred to hereinafter as "myiyo websites".
These Terms regulate the contractual relationship between the registered user and myiyo as operator of the network, irrespective of which myiyo website the user has registered for or logged onto.
The agreement on the use of the services of myiyo is made between the user and mo’web GmbH, Mertensgasse 12, 40213 Düsseldorf, Germany. Herbert Höckel and Ryan Gibson are the directors of mo’web GmbH. Company registration: HRB 49478.
Only natural persons of full contractual capacity are permitted to register for use. Minors are not permitted to participate in the myiyo Network.
These Terms can be accessed, printed, downloaded and saved at any time from the "Terms" link available from any of the myiyo websites.
- 1.1 Any use of the services and contents offered on the myiyo websites above and beyond the options provided by myiyo is prohibited.
- 1.2 The data provided by the user will only be made available by myiyo to other users insofar as these data do not violate statutory provisions or these Terms. Unlawful content may be removed from the myiyo websites without prior notice.
- 1.3 Availability of myiyo websites and the services will be in accordance with the latest technology. However, myiyo will endeavour to keep myiyo websites constantly available as far as possible. Restricted services and short-term disruption may arise for reasons of maintenance, security or capacity, or failure can be caused by events over which myiyo has no control (such as for example disruption of public communications networks, power cuts etc.).
- 1.4 Via the myiyo network, a platform is made available to the user which allows, by means of various technical applications, general contact among users. Any involvement of myiyo in the content of the users` communication with each other is excluded.
- 1.5 myiyo will, via the myiyo network, draw the user`s attention to third party services and content (hereinafter referred to as "third party content") among other things. Such third party content will be identified by a corresponding heading, such as for example "advertisement." If and insofar as the agreement of any contract is offered in connection with this third party content, such a contract when accepted is made exclusively between the party responsible identified in each case as the offerer and the user.
- 1.6 The user will receive invitations from myiyo to participate in surveys. Questionnaires for these surveys are hosted either by myiyo or a third party. The users` participation in surveys is voluntary and data gathered within surveys is analyzed in anonymous form. The identity of the participant is kept private from third parties.
- 2.1 The user must register in order to gain access to the services of the myiyo website. Registration is free of charge.
- 2.2 The user must supply all the data required for registration truthfully and completely. The user is also obliged to inform myiyo of any changes to his/her user data without delay.
- 2.3 The user declares that he/she is an adult at the time of registration.
- 2.4 When registering, the user will choose a password to access myiyo. The user is obliged to keep his/her password secret. myiyo will not forward the password to third parties and will not at any time ask the user for his/her password.
- 2.5 The user offers to conclude the contract over the use of myiyo by completing the registration. myiyo accepts this offer by enabling the user`s account for use of services provided by the myiyo websites. This acceptance concludes the contract between the user and myiyo.
- 2.6 If registration is not completed, the account and all information provided up to that point will be deleted.
- 2.7 There is no right to the conclusion of a user agreement. myiyo reserves the right to turn down a registration even without providing grounds; in such a case, the data provided by the user in the registration form will also be deleted immediately.
- 2.8 Only one registration per user is permitted and only one user profile may be created per user. By registering, the user declares that he/she is not already a member of the myiyo network or that he/she has a previously existing, deleted or suspended account.
- 2.9 It is not possible for myiyo to establish for certain whether a user registered with the myiyo website has provided false contact data. myiyo therefore gives no guarantee for the actual identity of any user. For this reason, the user must satisfy himself/herself of the identity of another user.
3. Duties of the user
3.1 The user undertakes to:
- 3.1.1 Provide only true and non-deceptive information in his/her profile and in his/her contact with other users;
- 3.1.2 Use the myiyo network exclusively for private purposes;
3.1.3 Guarantee that the publication of the photographs he/she provides on the myiyo websites is permitted.
- Before uploading an image file, he/she must ensure that he/she is entitled to exclusive user rights to that image file and that the publication of the file does not violate statutory provisions and/or the rights of third parties.
- Photographs showing other persons apart from the user him/herself may only be uploaded, and other persons on these photographs linked, if the third parties on the photographs have given their permission.
- Image files and links to other users may be removed even without prior notice by myiyo as soon as there are indications that such violations of duty have occurred.
3.1.4 The applicable laws and all rights of third parties must be observed when using the services provided by myiyo websites. Prohibited in particular is:
- The use of abusive or libellous content, irrespective of who it refers to;
- The use of pornographic content, or content that violates youth protection legislation;
- The unreasonable harassment of other users, for example by sending spam, chain letters, identical private messages to several users simultaneously or communications of a sexual nature;
- The use of legally protected content (e. g. content protected by copyright, trade mark, patent, design patent or utility patent law) without entitlement to do so and
- Every use of the myiyo network directed towards a business, trade or other commercial use of the contents and services of myiyo.
3.2 The following activities are prohibited:
- The use of mechanisms, software or scripts in combination with the use of the myiyo websites, which are not provided under the services of myiyo.
- Electronic attacks on myiyo websites, for instance attempts to overcome or circumvent security mechanisms (hacking), the use or distribution of viruses, worms or trojans, brute force attacks or other actions intended to adversely affect the myiyo network including its hard and software or to damage other users.
- Non-permitted distribution and publication of contents from myiyo websites or other users.
- Any action intended to damage the functionality of the myiyo infrastructure, in particular excessive loads.
- 3.1 The user undertakes to:
4. Sanctions and other consequences in the case of violations by the user
- 4.1 The functionality of myiyo is dependent upon adherence to the Terms, in particular the duties in accordance with no. 3. myiyo will therefore impose sanctions on users as soon as there are indications of a breach of contractual duties. myiyo is entitled to remove contents that contravene regulations from the myiyo network without prior announcement.
4.2 The choice of sanctions in such cases will be made taking the justified interests of the user affected and his/her offence into account. The following measures and sanctions can be considered:
- User warning;
- Partial and complete deletion of the user`s content;
- Restrictions on or limitation of the use of applications within the myiyo network;
- Temporary suspension of a user;
- Final suspension of a user.
- 4.3 If a user is suspended, the use of the myiyo network and a new registration by the suspended user are prohibited.
5. Changes to services on myiyo websites
myiyo reserves the right to make changes to the services offered on myiyo websites or the provision of alternative services, insofar as this is not unreasonable for the user.
6. Termination of the agreement
- 6.1 The user agreement may be terminated at any time by the user without providing reasons. Termination can be carried out in logged-in status using the profile settings on the myiyo websites, accessible from every page while logged-in. The profile settings page provides a link to the termination form which the user can choose to use in order to terminate her/his account.
- 6.2 myiyo can also terminate the user agreement at any time without notice. The right to terminate for important cause or to suspend a user according to the provisions of no. 4 of these Terms shall remain unaffected.
- 6.3 On successful termination of the membership of a user, the user`s account and all the user`s personal data will be permanently deleted. Contributions published by the user via the myiyo network before termination (e.g. on another user`s page or within a group`s page) will continue to remain available after termination, but the name will not be given and a note will be included to the effect that the contribution was made by a user who no longer a member.
7. Responsibility for user content, data and/or information
- 7.1 myiyo does not accept any responsibility for the content, data and/or information supplied by users of myiyo websites.
- 7.2 If a user notices illegal or contract-breaking behaviour by another user on the myiyo websites, he/she can report this using the contact form which can be accessed from any page of the myiyo websites.
8. Customer service
If the user has queries or requires explanation of any points in the contractual relationship with myiyo or regarding the services of myiyo, he/she can make use of the contact form accessible from every page of myiyo websites or contact myiyo by letter or fax.
9. Liability of myiyo
The statutory provisions regarding claims for damages apply without restriction.
10. Exemption by the user
The user will exempt myiyo from all claims made by other users or third parties against myiyo based on infringement of their rights by the user within content placed on the myiyo network or by the user`s other use of services available via the myiyo network. In such cases, the user will take on the reasonable costs of a legal defence of myiyo including all court and legal representation costs to the statutory amount. The above will not apply if the infringement of rights is not the fault of the user. If claims are made by third parties, the user is obliged to pass on to myiyo, immediately, truthfully and completely, all information available to him/her and required for investigation and defence. Further rights to and claims for compensation by myiyo remain unaffected.
11. Data protection
- 11.1 The user will decide for himself/herself whether and which data and content are to be made available to other users. myiyo will follow the user`s instructions and not pass on personal data to third parties unless authorised to do so.
- 11.2 The collection, processing and use of personal data by myiyo is subject to the relevant statutory data protection provisions, myiyo`s data protection conditions and the declared approval by the user for the processing of personal data.
12. Rights to content
On posting a contribution to a page on myiyo, the user grants myiyo an unlimited, irrevocable and transferable right of use to the contribution in question. This entitles myiyo to any kind of utilisation. myiyo therefore holds the right of use to all contributions from the myiyo websites. The use of contributions from the myiyo websites or of their contents is not permitted without express agreement in writing by myiyo.
13. Nondisclosure of confidential information
The surveys the user can participate in can contain confidential information, ideas and concepts not intended for publication. Hence the disclosure or publication of information obtained from surveys is not permitted. Contravention against this can lead to compensation claims against the participant by myiyo or the originator of the survey.
- 14.1 myiyo gives incentives in the form of points to the user for certain types of activities by the user, such as successful participation in a survey or the completion of the user`s profile questionnaire. The amount of points the user can gain as well as the current points ballance can be seen on the user`s surveys page.
- 14.2 The user can request a payout of the points collected at myiyo once he has at least 20,000 points. The user receives one Euro in exchange for 1,000 points. The value of the points in the local currency of the user`s country is determined by the current Euro exchange-rate with the local currency.
- 14.3 The payment to the user is made exclusively via PayPal.
15. Transfer of Ownership
myiyo reserves the right to sell and transfer ownership of the myiyo panel either partially or in full to a separate legal entity, for instance if myiyo is discontinuing service for members in a specific country. All member related data would then be passed to the new owner and may be imported into the database of the new owner’s webservice. The current balance of incentive points of each affected member would be transferred to the new service as well.
- 16.1 myiyo reserves the right to amend these Terms at any time and without giving reasons. The user will be informed of amendments to the Terms in good time. The user may appeal against the validity of the amended Terms within a period of two weeks after being notified. Once the above period has expired, the amended Terms will be considered accepted. The user will be informed by notification of his/her right to appeal and the importance of the two-week period.
- 16.2 If individual provisions of these Terms should be or should in future prove invalid, this shall not affect the validity of the other provisions. The parties to the agreement undertake to replace any invalid provision with a valid one that shall be as close as possible to the economically desired meaning and purpose of the invalid provision. The same applies correspondingly to any gaps in the agreement.
- 16.3 Place of performance of the contract is the head office of myiyo.
- 16.4 Place of jurisdiction is, insofar as is legally permissible, the head office of myiyo.
- 16.5 Solely German law shall apply to the contractual relationship between myiyo and the user.