GTC

General Terms & Conditions of Livory

Dear LIVORY user,

We are happy that you want to use LIVORY to discover chat stories with image, video, and sound effects that will get you hooked.

Become part of the story and read the protagonists’ chat messages and texts.

LIVORY needs to respect legal provisions in order to preclude abuse on and with LIVORY; we do so in our interest and yours. Our GTC (general terms and conditions) are below. Please read the conditions carefully before using LIVORY. By using the LIVORY app, you declare your consent to be bound by these terms and conditions. The moment you log on for a fee using the Google Play Store or the App Store, you also accept these parties’ terms and conditions. If you have any questions about our GTC, please contact us immediately. We look forward to receiving your feedback and criticism.
You can reach us by e-mail at contact(at)livory.app.

I. General
The following general terms and conditions apply to everybody who uses the LIVORY app and who reads or downloads content there or who uses this content in another manner, even if they access the app from outside the Federal Republic of Germany.

II. Minors

  1. LIVORY is not suitable for minors. By downloading the app, the user makes a binding declaration that they are over 18 years old. If LIVORY determines that a user is a minor, their access shall be blocked.
  2. The user makes binding declarations that they shall not make it possible for minors to access LIVORY or grant them the relevant access data. If LIVORY determines that a user is granting minors access to the app, it shall block the user’s access.

III. App download
Users download the app and use the programs from the download links provided by Millennium Technology GmbH at their own risk. Millennium Technology GmbH Hamburg shall not assume any liability for any damage, e.g. to IT systems.

IV. Copyright

  1. Millennium Technology GmbH has the corresponding author’s rights, brand rights, and other rights to all websites, including source text, page layouts, and graphics. The same applies to the LIVORY app itself. 
  2. Millennium Technology GmbH has the exclusive and unrestricted usage, author’s, brand, and other rights to the texts, chats, audio and video files, and other content uploaded onto LIVORY.
  3. Any utilization of the uploaded texts, files, or other content of the app requires prior written consent from Millennium Technology GmbH. Users are forbidden from changing and/or removing copyright information and/or brand names and/or other information in the contents.

VII. Payment conditions

  1. Unlimited access to all stories, images, videos, and audios
    • €2.49 a week
    • €6.99 a month
    • €59.99 for an annual subscription
  2. Unlimited number of stories for the length of your subscription
  3. The purchase amount is deducted from your iTunes or Google Play Store account after the purchase confirmation.
  4. The subscription is automatically renewed if the automatic renewal option is not deactivated at least 24 hours before the current subscription period ends.
  5. Users can manage their subscriptions in the settings and deactivate the automatic renewal option.

Users who register to use the app for a fee have unlimited access to all the stories, images, videos, and files.

The following payment terms and subscription options are possible at this time:

Weekly subscription:         €2.49
Monthly subscription:       €6.99
Annual subscription:       €59.99

The user can read and download an unlimited number of stories for the duration of the respective subscription.

The respective amount shall be deducted from their iTunes or Google Play Store account after the purchase confirmation – the conditions of the respective store apply.

The subscription shall be automatically renewed for the agreed time if the automatic renewal option is not deactivated 24 hours before the current subscription period ends at the latest.

The user can manage their subscriptions in the settings and deactivate the automatic renewal option.

VIII. Guarantee
Millennium Technology GmbH assumes no guarantee for technical defects, especially for constant availability of the website and its content. Furthermore, Millennium Technology GmbH assumes no guarantee for loss of data or database failure.

IX. Liability
We always make every effort to guarantee that LIVORY is available without interruptions and that transmissions are free of errors. However, owing to the nature of the Internet, we cannot guarantee this. Occasionally, your access to LIVORY can also be interrupted or restricted so that repair work or maintenance can be performed or so that new features or services can be introduced. We try to limit the frequency and duration of each of these temporary interruptions or restrictions.

Millennium Technology GmbH is liable without limitation if the cause of damage results from an intentional or grossly negligent breach of obligations on the part of Millennium Technology GmbH or a legal representative or proxy of Millennium Technology GmbH.

Apart from that, we are liable for slightly negligent breaches of fundamental obligations. Fundamental obligations are obligations whose violation endangers the achievement of the purpose of the contract or whose fulfillment makes proper execution of the contract possible in the first place. Additionally, you may regularly trust that we observe these obligations.

Millennium Technology GmbH Hamburg assumes no liability for damages caused to users or third parties as a result of the behavior of other users.

X. Changes to LIVORY and the GTC
So that we can react to legal or actual changes, we have the right to change the service or part of the service, temporarily discontinue it, or completely discontinue it at all times and without advance notice. We may change the conditions of these GTC at any time and at our discretion by publishing the changed conditions in the app and on the homepage and by notifying you about the change immediately by e-mail. If you continue to use the software after the key date of the changed agreement, we shall interpreted this as consent to the conditions.

XI. Data privacy
In addition to the data privacy provisions addressed in these GTC, the data privacy policy of Millennium Technology GmbH applies. (www.jwtechnology.com/datenschutz)

Millennium Technology GmbH Hamburg undertakes to use the data collected, processed, and stored during registration and use of the LIVORY app by the respective user only within Millennium Technology GmbH and the associated companies, and it undertakes to not transmit this data to external third parties unless a legal or officially ordered obligation to do so exists. Millennium Technology GmbH assures the user that it shall handle the data they entrust to Millennium Technology GmbH confidentially and only in the scope of the data privacy provisions.

We collect and use your personal data only in the scope of the provisions of data protection law of the Federal Republic of Germany and the EU. In the following, we inform you about the type, scope, and purposes of the collection and usage of personal data. You can retrieve this information at any time on our website.

Data transmission and data logging for internal system and statistical purposes:
When you access our app, your smartphone automatically transmits data to our web server for technical reasons. Among other things, this data includes the date and time of the access, the file retrieved, the quantity of data sent, the device type and version, the operating system, and the IP address. This data is stored separately from the other data that you enter when you use our offering. We are not able to assign this data to a specific person. This data is evaluated for statistical purposes and then deleted.

Inventory data
If a contractual relationship between us is to be formed, contentually designed, or changed, we shall collect and use your personal data to the extent required for these purposes.
Upon order from the responsible authorities, we may provide information about this data (inventory data) in individual cases if this is required for purposes of prosecution, averting danger, or asserting rights to intellectual property.
 
Usage data
We collect and use your personal data to the extent necessary to make it possible for you to use our website (usage data). This includes, in particular, characteristics concerning your identification and information about the beginning, end, and scope of use of our website.

Right to information
As a LIVORY user, you have the right to request information from us concerning the data we have stored about your person. If you request, the information can also be provided in electronic form.
        
XII. Place of jurisdiction
The place of jurisdiction for legal disputes is the main office of Millennium Technology GmbH in Hamburg.

XIII. Severability clause
Should some of the provisions of these conditions be or become void, the remainder of the general terms and conditions shall remain effective. In this case, the void provision shall be replaced by an effective one that resembles the economic purpose of the void provision as closely as possible. The same shall apply in the event of an omission.


Hamburg, April 17, 2020