TERMS OF USE

General Terms and Conditions (Terms of Use) valid since 08.08.2017

Scope of application

These Terms of Use apply to your use of the www.gayandyou.com website including its subdomains, the “GAY AND YOU?” application and for all apps which rely on the data of “GAY AND YOU?” (e.g. Facebook app) (collectively, the “Application”). This application is operated by GAY AND YOU?, S. Law, Auf Ellenborn 42, DE- 55765 Birkenfeld. (hereinafter “GAY AND YOU?”). The privacy policy also applies.

GAY AND YOU? brings people together for joint leisure activities. You can participate in activities and even advertise activities to find other participants. For this purpose, GAY AND YOU? makes numerous technical tools for the sharing of content available.

1. General

You must be at least 16 years of age to use GAY AND YOU?.

You accept that the application may contain personally unwanted content under certain circumstances.

When using the application you have in particular to comply with all laws and regulations of the country in which you find yourself. Posting content that is unlawful or prohibited in terms of these Terms of Use is forbidden.

You are solely and exclusively responsible for the content you upload on the application or on pages related to GAY AND YOU?. For this content you give GAY AND YOU? a non-exclusive, transferable, sublicensable, royalty-free, worldwide license for use, display, modification or processing with other images, text, graphics, film, audio and audiovisual media. You also acknowledge that no personal rights are being violated and the film and photo material provided by you may be used free of charge and without opposition for all PR, advertising, sales and marketing purposes in all known and new media – online and offline – (such as website, app, Facebook, catalogues, posters, TV commercials, newspapers, magazines and other publications of any kind). You exempt GAY AND YOU? from all claims by third parties in this regard. When uploading photos make sure that the people on your photo have agreed to the publication on GAY AND YOU?. If a User asks you to remove the photo via the report-function, you commit yourself to delete the photo. If you ascertain that another User has uploaded a photo of you during an activity which you don’t want to stay online, you can report the particular photo via the report-function. If the user is unwilling to accede to your request, you can apply to the GAY AND YOU?-Team at any time.

You are solely and exclusively responsible for information (incl. news, photos and videos) that you make available on the application. Do not provide contact information or other private information in publicly accessible areas of the application, if you do not want it to be viewed by other users.

When posting the activities, you see to it that the content of the activity is described as exactly as possible, any equipment and other minimum experience is precisely specified. In addition, you disclose any incidental costs right from the start.

Please keep your password secret and do not share it with third parties.

You may neither deceive nor harass other GAY AND YOU? members.

You are obligated to comply with the provisions of the privacy policy.

By using GAY AND YOU? you agree to also adhere to the instructions specified in the safety guideline and commu- nity guidelines.

2. Permissible and impermissible content

GAY AND YOU? attaches great importance to the fact that the application remains a safe and friendly place with mu- tual respect for all users. To ensure this, users are forbidden to insult other users, to make or obscene or otherwise harassing remarks or to distribute pornographic and other material harmful to the youth. Likewise, the posting and dissemination of political, racist, sexist and violence-promoting content is prohibited. This also applies to content that promotes terrorist activities or other criminal and illegal activity or advocate such actions in any way.

It is also forbidden to post content aimed at dating or sexual contacts.

It is prohibited to use the application for advertising commercial offers. In particular, do not advertise any offers as “activity” when you will benefit financially; this also includes free trial offers to attract customers. If you are inter- ested in using GAY AND YOU? commercially, please contact our support department with an appropriate request at contact@gayandyou.com.

3. Observance of copyrights and other intellectual property rights

For the protection of copyrights and other intellectual or industrial property rights, GAY AND YOU? points out that any use of content that violates the rights of third parties is prohibited.

Apart from the content created by the user, all other elements of the application such as texts, images, user inter- faces, trademarks, logos, sounds and designs are the property of GAY AND YOU? or the respective owners and are protected by law.

No area of the application (including all content) may be displayed or reproduced on other servers, websites or other media meant for publication and dissemination without the written permission of GAY AND YOU?.

4. Other rights of GAY AND YOU?

GAY AND YOU? reserves the following exclusive rights:

GAY AND YOU? may send you regular news to inform you about new products and further developments of the application.

GAY AND YOU? reserves the right to change or delete content posted by users, especially if it violates statutory provisions or these Terms of Use or lead to damage for GAY AND YOU? or a third party. We reserve the right to exclude users, especially when they are in breach of the Terms of Use and to deactivate or completely delete the content posted by them as well as their profile.

GAY AND YOU? reserves the right to report any evidence of unlawful activities of individual users as well as suspi- cious content to the relevant competent authorities, while respecting the data protection law.

GAY AND YOU? has the right to post photos of users and – in anonymous form – other content on publicly retriev- able areas of the application.

GAY AND YOU? reserves the right to distinguish selected users as so-called “X” due to their above-average engage- ment. This creates no further obligation for none of the two parties. Moreover, GAY AND YOU? may revoke this distinction at any time – especially when the Terms of Use are breached.

5. GAY AND YOU? events and tickets

If GAY AND YOU? organises its own events, then it is liable only for intent or gross negligence, in other cases, a maximum of only up to the amount of foreseeable damage typical in terms of the contract.

If GAY AND YOU? sells tickets for its own event or arranges it for other partners, then the provisions for loss and withdrawal specified as part of ticket sales apply.

GAY AND YOU? is not liable when arranging third-party events.

6. GAY AND YOU? Plus Subscription

You can upgrade your free membership to paid membership (hereinafter referred to as “GAY AND YOU? Plus Sub- scription”) . GAY AND YOU? Plus Subscription gives you additional functions in addition to the functions of the free membership. The additional functions are defined on the Gayandyou.com website. The GAY AND YOU? Plus Sub- scription is only available in the Android and iOS operating systems from GAY AND YOU? Version 4.0; on the Gayan- dyou.com website at any time though. The respective prices and duration of the subscription are clearly stated on the GAY AND YOU? website before the final sign-up for the GAY AND YOU? Plus Subscription.

The GAY AND YOU? Plus Subscription initially runs over the minimum period of use booked by you. After that, the GAY AND YOU? Plus Subscription is extended in each case by renewal periods of the same duration if you have not cancelled the membership from your side before the end of the subscription or if it has been terminated by GAY AND YOU?. You can check the duration of your subscription at any time on Gayandyou.com. GAY AND YOU? reserves the right to change the prices of GAY AND YOU? Plus Subscriptions at unspecified dates. The price of the currently running subscription is not affected by such changes.

You and GAY AND YOU? can cancel your Plus Subscription without giving any reason when the booked minimum period of use expires or when an extension period expires via the contact form, by letter, fax or email or on the Gayandyou.com platform.

When you terminate your GAY AND YOU? Plus Membership, your GAY AND YOU? free membership remains effec- tive until it is cancelled. However, the additional features of the Plus Membership only remain active until the end of the minimum period of use.

Right of withdrawal for consumers: You have the right to revoke the GAY AND YOU? Plus Subscription within 14 days from the date the contract was concluded without giving any reasons. The timely sending of the revocation is sufficient as withdrawal period.

The revocation must be sent in writing (email or letter) to:

GAY AND YOU?

S. Law

Auf Ellenborn 42

DE- 55765 Birkenfeld

Email: contact@gayandyou.com

The attached withdrawal form can be used for this purpose.

(If you want to withdraw from the contract, then please fill in this form and send it back.)

GAY AND YOU?

S. Law

Auf Ellenborn 42

DE- 55765 Birkenfeld

Email: contact@gayandyou.com

I/we (*) herewith withdraw from my/our (*) contract entered into for the purchase of the following goods (*)/provi- sion of the following service (*):

___________________________________________________________________________

- Ordered on (*)/received on (*): _______________________________________________________ - Name of the consumer (s): _______________________________________________________

- Address of the consumer (s): _____________________________________________________ ______________________________________________________

Signature of the consumer (s) (only for notification on paper) _____________________________

Date

(*) Delete as applicable!

Consequences of withdrawal:

In the event of an effective cancellation, GAY AND YOU? is obliged to refund you all payments that we have received from you, immediately and no later than within 14 days from the date on which we have received your withdrawal notification. For this refund, we use the same method of payment that you’ve used in the original transaction, unless another arrangement was expressly agreed with you; in any case you will not be charged any fees because of this repayment. GAY AND YOU? is obliged to refund you all payments that we have received from you, immediately and no later than within 14 days from the date on which we have received your withdrawal notification.

7. Offers from partners: GAY AND YOU? Pro Subscription

GAY AND YOU? cooperates with partners (hereinafter “Partner”), who present you with offers that you can acquire directly from these partners.

Partners are marked with a badge.

GAY AND YOU? has the right to forward offers from partners to you, and thereby to rely on usage information (e.g. location information) and data from your profile.

GAY AND YOU? only conveys offers by partners. If you take up such offers, you directly enter into a contractual relationship with the partner and GAY AND YOU? is not a contracting party.

GAY AND YOU? assumes no liability for services provided by partners.

Liability for hyperlinks: The application contains links to external websites, on whose contents GAY AND YOU? has no influence. GAY AND YOU? accepts no liability for such external content. The provider or operator of the site is always responsible for the content of the respective linked sites. GAY AND YOU? has checked the linked sites for possible violations of law at the time the links were established. At the time the links were established there was no evidence of illegal content. However, permanent monitoring of the linked content without concrete evidence of an infringement is not reasonable. When such violations become known, GAY AND YOU? shall check such links in accordance with 5.

You can upgrade your free membership to paid membership (hereinafter referred to as “GAY AND YOU? Pro Sub- scription”) in order to publish commercial offers. Commercial offers are the advertisement of any offers as “activity” when you will benefit financially. This also includes free trial offers to attract customers or to advertise for your business. GAY AND YOU? Pro Subscription gives you additional functions in addition to the functions of the free membership. The additional functions are defined on www.gayandyou.com/pro. The GAY AND YOU? Pro Subscrip- tion is only available in the Android and iOS operating systems and on the Gayandyou.com website. The respective prices and duration of the subscription are clearly stated on the GAY AND YOU? website before the final sign-up for the GAY AND YOU? Pro Subscription.

The GAY AND YOU? Pro Subscription initially runs over the minimum period of use booked by you. After that, the GAY AND YOU? Pro Subscription is extended in each case by renewal periods of the same duration if you have not cancelled the membership from your side before the end of the subscription or if it has been terminated by GAY AND YOU?. You can check the duration of your subscription at any time on Gayandyou.com. GAY AND YOU? reserves the right to change the prices of GAY AND YOU? Pro Subscriptions at unspecified dates. The price of the currently running subscription is not affected by such changes.

You and GAY AND YOU? can cancel your Pro Subscription without giving any reason when the booked minimum period of use expires or when an extension period expires via the contact form, by letter, fax or email or on the Gayandyou.com platform. If you bought your subscription via Apple AppStore or iTunes Store, you have to cancel your subscription there.

When you terminate your GAY AND YOU? Pro Membership, your GAY AND YOU? free membership remains effective until it is cancelled. However, the additional features of the Pro Membership only remain active until the end of the

minimum period of use.

Right of withdrawal for consumers: You have the right to revoke the GAY AND YOU? Pro Subscription within 14 days from the date the contract was concluded without giving any reasons. The timely sending of the revocation is sufficient as withdrawal period.

The revocation must be sent in writing (email or letter) to:

GAY AND YOU?

S. Law

Auf Ellenborn 42

DE- 55765 Birkenfeld

Email: contact@gayandyou.com

The attached withdrawal form can be used for this purpose.

(If you want to withdraw from the contract, then please fill in this form and send it back.)

To: GAY AND YOU?

S. Law

Auf Ellenborn 42

DE- 55765 Birkenfeld

Email: contact@gayandyou.com

I/we (*) herewith withdraw from my/our (*) contract entered into for the purchase of the following goods (*)/provi- sion of the following service (*):

___________________________________________________________________________

- Ordered on (*)/received on (*): _______________________________________________________ - Name of the consumer (s): _______________________________________________________

- Address of the consumer (s): _____________________________________________________ ______________________________________________________

Signature of the consumer (s) (only for notification on paper) _____________________________

Date

(*) Delete as applicable!

Consequences of withdrawal:

8. Responsibility and disclaimer of liability

The content of the “GAY AND YOU?” application has been carefully compiled. However, GAY AND YOU? accepts no responsibility for the accuracy, completeness and topicality of the content. GAY AND YOU? is especially not liable for the availability of services offered in the application or for the establishment or the contractual fulfilment of a contact concluded between a user and a provider.

According to § 7 Para 1 of the TMG (German Telemedia Law), as a service provider GAY AND YOU? is responsible for its own content on this site under general laws. However, according to § 8 to 10 of the TMG (German Telemedia Law), as a service provider GAY AND YOU? is not obliged to monitor transmitted or stored external information or to investigate circumstances that indicate illegal activity. Obligations to remove or prevent the use of information under general laws remain unaffected. This kind of liability is, however, only possible from the time that a specific infringement has become known. As soon as GAY AND YOU? becomes aware of such infringements, we shall remove the content after verifying it.

GAY AND YOU? requests you to report abuse cases without delay on the application or to contact@gayandyou.com.

To the extent permitted by law, any liability of GAY AND YOU? is excluded. GAY AND YOU? is entitled at any time to discontinue the operation of the application wholly or partly. GAY AND YOU? assumes no liability for the uninter- rupted availability of GAY AND YOU?.

GAY AND YOU? assumes no liability for advance payments that the user makes in the run-up to an activity. GAY AND YOU? assumes no default risk for activities that have been posted by users.

9. Failure / maintenance

GAY AND YOU? maintains a constantly monitored server system for its application. This allows the user a properly running system with anytime access to the areas intended for him.

With regard to capacity limits, the security and integrity of the server or to carry out technical measures, GAY AND YOU? reserves the right to temporarily limit its performance. GAY AND YOU? undertakes to implement performance restrictions only in a manner reasonable for the user and taking the interests of the user, other information providers and the interests of GAY AND YOU? into account.

When a system fails or a server is impaired and this causes the erroneous transmission of the data of the user which is based neither on the wilful nor grossly negligent conduct of GAY AND YOU?, its employees or agents, claims by the user for damages do not exist.

The user shall be notified of foreseeable, necessary operating interruptions for preventive maintenance work or technical modifications within a reasonable period before the interruption.

10. Data protection clause

As regards data protection, the following data protection information from GAY AND YOU?, which you can access by clicking on the following link, shall apply: Privacy policy

11. Changes to these Terms of Use

GAY AND YOU? reserves the right to change these Terms of Use at any time. If GAY AND YOU? make essential changes, GAY AND YOU? will inform the users or members accordingly on its website, via email or via a message in the application. The current Terms of Use can be viewed at any time in the application and on www.gayandyou.com. If you do not agree with the changes, we request you to delete your profile.

12. Applicable law and jurisdiction

The law of the Federal Republic of Germany to the exclusion of the CISG shall apply. This does not affect mandatory provisions of the country in which the user has his habitual residence.

If the user is a merchant, a legal entity under public law or public special assets or has no general national jurisdiction or has transferred his residence abroad after conclusion of the contract, or his residence at the time of filing the action is not known, the jurisdiction for the disputes arising from the use of the services and benefits of GAY AND YOU? is registered office of GAY AND YOU?.

If any provision of these Terms and Conditions are or become invalid, the validity of the contract as a whole is not affected thereby.

Birkenfeld, August 2017

Privacy policy valid since 08.08.2017

Introduction

The protection of your privacy is of the utmost importance to us. Moreover, it is important to us that you know at all times when we store data and how we use it.

The information below provides you with information on the points at which we obtain information from you during your visit to our website or your use of the app and how we handle it.

Data collection and use

Every time a user accesses a page of our offer and every time a file is retrieved, access data about this process is stored in a log file on the server.

The information in question is the following:

File name of the page or file, or information conveyed by you as part of the entries (such as query parameters in the URL)

File name of the page from which the current page or file was requested

Date and time of the request

Amount of data transmitted

Access status (transmit page, page not found, etc.)

Type and operating system of the web browser used

IP address of the client and possibly the domain name or the name of your Internet service provider We store this data solely to ensure system security and to improve our services.

More detailed evaluations for statistical purposes are only done anonymously. No link to personal data is established.

Personal information

You have to enter your name and email address during the registration process (hereinafter: “Data”).

In addition, you can voluntarily add to the information during the registration process and later in the profile. This includes data such as profile picture, gender, age, location, leisure interests or other information about your person (hereinafter: “Voluntary Data”). We process and use the data without your express consent exclusively in the perfor- mance of the services offered on the application in accordance with the provisions of the Privacy Policy.

Cookies

Cookies are small text files that are sent along with the actually requested data from the Internet to your computer. There the data is stored and kept available for later retrieval.

When you visit our site, we use session cookies and persistent cookies.

The session cookie that is placed at every page request is only available during your online session and becomes inactive as soon as you close your browser software. It is only needed for technical communication between the browser and the Web server. Our cookies do not contain IP addresses.

You have the option to accept or decline cookies. Most Web browsers automatically accept cookies. You can adjust your browser settings, however, so that it will refuse cookies.

If you reject cookies in general, it can lead to problems in the use of our services or you cannot use any of the other interactive features of certain web sites and services provided by cookies.

For one, we use persistent cookies to improve and to personalise our service. Moreover, the analysis tools use such cookies to make statements about recurring users. In this case, the utilisation of the data is only aggregated and never on the basis of a single user data set. It also cannot be assigned to the IP address of the client.

Of course, through your browser configuration you can ensure that cookies can be placed (refer to the explanation in the previous section). Disabling cookies, as explained in the help function of your browser, can prevent GAY AND YOU? from optimally performing its service.

GAY AND YOU? runs advertising in various forms (banners, pop-ups, etc.) on its app, its own website and on third-party websites; to make the selection of the displayed advertising attractive and as relevant to interested visitors to the site as possible, a usage-related selection procedure is used for advertising placements. In so doing,

data with usage information are stored on your hard drive via a cookie (“third-party cookie”). These usage profiles are anonymous and evaluated in a technical, statistical evaluation procedure, to later enable an advertising selection related to your interests. This procedure is also known as targeting. Targeting on our websites is operated by us and partly by third-party companies that also run advertising for other websites. By using cookies, these third-party companies then create the usage profiles referred to them and use their respective targeting systems to select the collected data for the purpose of user-oriented advertising.

Visit http://www.meine-cookies.org/ for more information on this topic.

Newsletters, emails and advertising

If we send you a newsletter on your request, this gives you information about GAY AND YOU?, and/or about our offers. You can unsubscribe the newsletter at any time via the unsubscribe link in the newsletter, without incurring additional costs other than the usual transmission costs at the basic rates.

Over our service provider we include clear gifs in our HTML-formatted newsletters that we send to opt-in subscrib- ers to determine the number of newsletters read and so be able to determine the interest in newsletter campaigns. An evaluation is carried out only in aggregated form so that an allocation to your person and thus a behaviour anal- ysis is excluded.

In addition, we send emails, which are necessary for the operation of GAY AND YOU?, such as “forgotten password emails”, “registration mail”, etc., for example.

Furthermore, it may happen that GAY AND YOU? uses your data to send you information within the application that are oriented to your interests, such as targeted advertising. This improves the offering on the application and each member is provided with a tailor-made online offer.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (‘Google’). Google Analytics uses so-called ‘cookies’, text files that are stored on your computer that allow an analysis of the use of the website. The information generated by the cookie about your use of this website is usually sent to a Google server in the US where it is stored. By activating the IP anonymisation on this website, your IP address from Google will be truncated within the area of the Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the US and truncated there.

At the request of GAY AND YOU?, this site Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to the use of the website and the Internet to GAY AND YOU?. An IP address transmitted from your browser as part of Google Analytics is not associated with other data by Google. You can prevent the use of cookies by adjusting the settings of your browser software; how- ever, we need to point out that in this case you will not be able to fully use all the features of this site. You can also prevent the capture of data related your use of the site and generated by the cookie (including your IP address) by Google and the processing of this data by Google by following the link below and downloading and installing the available browser plug-in: http://tools.google.com/dlpage/gaoptout?hl=de

Facebook Connect

Facebook Connect is a service of Facebook, Inc. When using Facebook Connect, data is transmitted from your Facebook profile to the respective website or application. Conversely, data can be transmitted from the website or application to your Facebook profile. Your transmitted data can be stored and processed by GAY AND YOU? or third-party companies with whom GAY AND YOU? has concluded an order data processing contract. The use of Facebook Connect is subject to the privacy policies and terms of use of Facebook.

Your rights

Do you have any questions regarding the processing and use of your personal information? Every user has the right to receive free of charge and upon request information about his stored personal data. In addition, in accordance with the legal provisions you have the right to correction, blocking and deletion of personal data.

GAY AND YOU?

S. Law

Auf Ellenborn 42

DE- 55765 Birkenfeld

Email: contact@gayandyou.com