General Terms and Conditions



Preamble

By logging on to this Web site, you ("Member" in the following) accept the following General Terms and Conditions (hereinafter the "GTC") for using this Web site.
The Operator of this Web site ("Web site" in the following) is relenet GmbH & Co. KG ("Operator" in the following). These GTC shall govern the contract relationship between the Member and the Operator.
The services provided by the Operator are intended for persons of legal age and for persons between the ages of 14 and 17, inclusive, with permission from their legal guardian.


1. Subject Matter

1.1 The Web site offers registered Members a communication forum for exchanging information and tips.

1.2 Any use of the services and contents offered on the Web site beyond the scope of options provided by the Operator requires the prior written consent of the Operator.

1.3 The Operator shall only make data and/or information provided by the Member available for other uses provided that this data and/or information does not violate any laws or these GTC. The Operator is entitled to remove any illegal or prohibited data and/or information from the Web site without prior notice to the Member.

1.4 The Member acknowledges and agrees that it is technically impossible to achieve 100% availability of the Web site. The Operator shall nonetheless endeavour to keep the Web site available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond the Operator's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on the Web site.

1.5 The Operator merely provides the Member with a platform on which to establish contact with other Members, and only provides those technical applications that allow Members to contact one another. As regards content, the Operator does not take part in any communication between Members. If Members enter into agreements with one another over the Web site, the Operator shall not be a contracting party to these agreements. The Members alone are responsible for the execution and/or fulfilment of agreements in which they enter with one another. The Operator shall not be held liable if Members are unable to contact one another over the Web site regarding such agreements. Furthermore, the Operator shall not be liable for breaches of duty in relation to agreements entered into between Members.


2. Registration, and Representations and Warranties upon Registration

2.1 Members must register prior to using any of the services on the Web site.

2.2 The Member warrants and represents that all of the data provided by the Member for registration is accurate and complete. The Member shall report any changes in the registration data to the Operator without undue delay. The Member shall not use pseudonyms or pen names.

2.3 The Member warrants and represents that he/she is of legal age or between the ages of 14 and 17, inclusive, with permission from their legal guardian at the time of registration and is using the Web site only for private or business use.

2.4 The Member shall choose a password upon registration. The Member is obliged to keep this password secret. The Operator shall not disclose the password to any third party and the Operator shall not ask for the Member's password at any time.

2.5 By completing the registration process, the Member consents to enter the agreement to use the services of the Web site. The Operator accepts this offer by activating the membership for the use of services on the Web site. The agreement takes effect with the aforementioned acceptance by the Operator.

2.6 Each Member is entitled to register with the Operator only once, and the Member may only establish one (1) Member profile.

2.7 It is technically impossible for the Operator to determine with certainty whether any Member registered with the Web site is in fact the person he/she represents to be. Therefore, the Operator assumes no liability for the actual identity of a Member. Each Member is solely responsible for checking the actual identity of another Member.


3. Obligations of the Member

3.1 The Member is obliged,

3.1.1 To provide only true and non-misleading statements in the Member profile and in communications with other Members, and to refrain from using any pseudonyms or pen names.

3.1.2 To warrant and represent that the public display of the photographs delivered by the Member to the Web site is not prohibited. The primary profile picture shall show the Member clearly and recognisably.

3.1.3 To comply with all applicable legislation, and respect all third-party rights. In Particular, the Member shall not
Use any insulting or defamatory contents, regardless of whether said contents are directed at another Member or the Operator’s personnel or other companies
Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors
Unreasonably annoy (particularly with spam) any other Member (cf. §7 of the German Unfair Competition Act)
Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).

3.1.4 To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:
Sending chain letters
Sending identical private messages to more than one (1) Member at the same time except her contacts.
Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or
Communicating in any insinuating or sexual way (suggestive or explicit).

3.2 The Member is prohibited from the following:

Employing any mechanisms, software or scripts when using the Web site. However, the Member may use the interfaces or software provided by the Operator within the scope of the services available on the Web site.
Blocking, overwriting, modifying and copying of any contents of the Web site, unless said actions are necessary for the proper use of the services on the Web site. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.
Distributing or publicly disclosing the contents of any of the Web sites of the Operator or any other Member.
Performing any actions which may impair the operability of the Web site's infrastructure, particularly actions which may overload said infrastructure.


4. Changes to the Services on the Web sites

The Operator reserves the right to modify the services offered on the Web site and/or to offer services different from those offered at the time of the Member's registration at any time, unless this is unreasonable for the Member.


5. Termination of Membership, Reimbursement of Advance Payments

5.1 The Member may terminate without cause the Membership seven (7) days before the end of the minimum runtime chosen by the Member in the course of the registration process, or to the end of any renewal period after said minimum runtime expires. The Member may deliver notice of termination using the contact form available on the Web site, or by sending a fax or letter to the Operator. The termination notice shall include the registered name of the Member and an email address of the Member registered on the Web site. If the Member has terminated the Membership, the Operator will block the Member's access to the services on the Web site and delete the contents posted by the Member. The provisions of this section 5.1. shall not affect the right of both parties to terminate the agreement for good cause.

5.2. A good cause is defined as an event which makes it unacceptable for the Operator to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of the Operator against the Member's. A good cause includes any the following events:
If the Member fails to comply with any applicable legal provisions
If the Member breaches a contractual obligation, in particular an obligation set forth in sections 2 and 3 of these GTC
If the reputation of the services offered on the Web site is substantially impaired by the online-presence of the Member (if, for example, it is discovered after registration that the Member has been convicted of a criminal offence, and if said conviction is known to other Members);
If the Member promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;
If the Member causes harm to any other Member(s)

5.3 In the event of a good cause in accordance with section 5.2. and notwithstanding the Operator's right to terminate the contract in accordance with section 5.3, the Operator is entitled to:
Delete the contents posted by the Member
Issue a warning, or
Block the Member's access to the services on the Web site.

5.4 In the following cases, the Member shall not be entitled to claim reimbursement of any advance payments:
If the Operator has terminated the contract for good cause pursuant to section 5.2,
If the Operator has blocked the Member’s access in accordance with section 5.3, or
If the Member has terminated the agreement. However, the Member's right to claim reimbursement of any advance payments shall not be excluded in this case if the Member has terminated the agreement for a good cause attributable to the Operator.


6. Responsibility for the Member’s Content, Data or other Information

6.1 The Operator does not make any warranties or representations regarding any data and/or information provided or made available by any Member on any of the Web sites or on any external websites linked to them. In particular, the Operator does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.

6.2. The Member may report any activities of any other Member which violate applicable laws and/or any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) using the contact form available at the Web site.


7. Liability of the Operator
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against the Operator (including its vicarious agents) shall exist only if the Operator breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims are limited to typical and foreseeable damages.
Limits shall not apply to the extent damages are covered by the Operator´s business liability insurance, provided the insurance company has effected payment to the Operator. The Operator undertakes to maintain the insurance coverage existing at the time this agreement is concluded. This shall not affect personal injury and property damage claims based on the German Product Liability Act.


8. Indemnity

8.1 The Member shall indemnify and exempt the Operator from all actions, including damage claims, asserted by other Members or third parties against the Operator resulting from an infringement of their rights by the contents posted by the Member on the Web site. Furthermore, the Member shall indemnify and exempt the Operator from all actions, including damage claims, asserted by other Members or third parties against the Operator resulting from an infringement of their rights regarding the use of the services on the Web site by the Member. The Member assumes all reasonable costs the Operator incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by the Operator, are hereby unaffected.
The aforementioned obligations shall not apply to the extent the Member is not responsible for the infringement.

8.2 In the event the contents posted by the Member infringes any rights of any third party, the Member shall, at its own expense and at the Operator's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the Member infringes third-party rights when using the services of the Web site, the Member shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by the Operator.


9. Data Protection

The Operator recognizes that any data provided by the Member to the Operator is extremely important to the Member, and the Operator shall therefore be particularly sensitive in handling such data. The Operator shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, the Operator shall not provide or otherwise disclose any personal data of the Member to any third party without authorization. Details on the Operator's treatment of the Member's data are set forth in the Privacy Policy accessible from the Web site.

10. Right of cancellation

The Member may cancel registration for the Membership in writing (e.g. by letter, fax or email) within two (2) weeks without stating a reason. The two-week period begins when membership is activated by the Operator, but not before the receipt of these instructions.
For meeting the cancellation deadline in each of the aforementioned cases, the date of dispatch of the cancellation notice is decisive. The cancellation notice is to be addressed to relenet GmbH & Co. KG, Lohnerhofstrasse 2, 78467 Konstanz, Germany or by email to contact(at)relenet.com.
In the case of an effective withdrawal, the services rendered by both parties are to be refunded. If the services received can be refunded only in part or not completely or only in an impaired state, a satisfactory substitute of value is to be achieved. The Operator reimburses charges for usage that have already been paid. A sufficient substitute of value for the use of the services of the Operator up to the point of withdrawal can be seen in a proportional remuneration corresponding to the possibility to use the services of the Operator up to the point of withdrawal.


11. Final Provisions

11.1. These GTC and any amendments there to must be in writing to be valid. No secondary agreements exist.

11.2. The Operator reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the Member. The Operator shall give due notice of any amendments of these GTC to the Member. If the Member does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the Member. The Operator shall inform the Member about the Member's right to object and of the relevance of the objection deadline in said notice.

11.3. Unless otherwise stated, the Member may submit all notices to the Operator using the contact form provided on the Web site, or by letter or fax. The Operator may send notices to the Member by email, fax or post to the addresses given in the Member’s current contact data in his or her Member account.

11.4. If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.

11.5. The place of performance under these GTC shall be the Operator’s main place of business.

11.6. Place of jurisdiction, insofar as legally admissible, shall be the main place of business of the Operator.

11.7. These GTC and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.


Konstanz, 01 April 2008

 

 

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