General Terms and Conditions
Version 1.0 - Date: 25.09.2009
1. The General
2. Login / Registration
3. Cancel the membership and delete the account
4. General functions
5. General principles for use of the market place
6. Rating and commenting the contents
7. Duties of the user
8. Effects of violations by users
9. Release from operator’s liability by the user
10. Limitation of liability
11. Data privacy
12. Miscellaneous: future changes and final clauses
1. The General
Siteface UG [limited liability] (“operator“) runs several websites (“portals“), partially connected with each other, which can be accessed through several domains in the internet. Registered users (“users”) can publish information about themselves, search for other users and use further offered functions (shopping area/market place, discussion forums, photo albums etc) (“functions”). The portals might differ from each other in range of functions and scope of service.
1.1 What is stipulated by those terms and conditions
The operator allows access to said portals and their use based upon these terms and conditions ("t&c"); this applies to both the relationship between the operators and users as well as users among themselves.
1.2 What do these t&c apply to?
The t&c apply to all content and functions offered by the operator for the respective portal. Particular functions and applications might require additional clauses; the operator will inform the user about possible additional clauses in time before using such applications.
1.3 Limitations
The use of particular applications of the portal – especially those requiring the agreement of additional clauses or an individual agreement – might be restricted to particular users and/or groups of users.
Overview
2. Login / Registration
2.1 General Registration Information
It is necessary to register to use the portals ("registration"). The registration in a portal starts with the registration form. The user must correctly and completely fill out all data that is not marked as voluntary. The user may pick a personal user name. The user is not allowed to register an account under an assumed or false name.
2.2 Who may register
Registration is open to all citizens of their country's legal adult age and status, as well as adolescents who have the permission of a parent or legal guardian.
2.3 Charges
As a rule the registration is free of charge; if the use of the portal (as in case of special club portals with restricted access) or the use of individual functions (e.g. placing of shop offers) is not free of charge, the user will be indicated to the expected charges and asked to agree to them in order to proceed.
2.4 Multiple registrations prohibited
Users may only register with a single account. Users may only register if they are new users or are reinstating a previously cancelled account and are not otherwise blocked from accessing the operator's portals (see 3.1).
2.5 Confirmation of registration
The operator will confirm receipt of the registration via e-mail to the address provided by the user on the registration form. Registration will ONLY be successful once the user activates link received in this e-mail.
2.6 Incomplete registrations
If registration is not completed, all information gathered during the registration process shall be deleted.
2.7 Member of the communication network
For conceptual reasons each user registering for a portal will automatically become a member of the communication network “siteface”. "siteface" concentrates content (such as news, shops, and forums) into a structured, topic-oriented, and synergistic arrangement. The focus of this approach is to make content accessible to wide target audience.
2.8 Access after successful registration
The user will be able to access the portals via the login area after completing the registration successfully; therefore it is necessary to indicate the username and the user’s chosen password.
2.4.3 Becoming a member of further connected portals
Based on the successful registration, the user can become a member of further portals connected to the communication network. This requires the application for membership and eventually the agreement to the t&c of the respective portal.
The user can log in with his username and password after activation of his membership (occurs automatically or manually by the operator). Utilizing membership privileges, the user can access the functions of the portal and communicate with other users in the portal.
2.5 Claim to completion of the user agreement
Users have no claim to the content of the user agreement. The operator may choose to refuse registration or membership at any time for any reason; in the instance of refusal, all information acquired gathered the registration process shall be deleted.
2.6 Identity of users
The identification of persons in the internet is only possible to a limited extent. In spite of several security measures it cannot be excluded that wrong contact data were indicated. Although the operator has taken some measures to ensure proper registration, identification is the responsibility of the user to be truthful and accurate; the operator is not responsible for inaccuracies in the information provided.
Overview
3. Cancel membership and delete the account
3.1. Cancel membership
The membership of individual portals can be cancelled any time using the function “Cancel membership” (Category: “Settings – My account”). Then the user has no further access to the portal and its functions. As long as the user has an account in the siteface communication network and has not been blocked by a specific portal, he can reapply for membership at any time (see 2.4.3).
3.2 Delete access to the portal network
The user may terminate the agreement at any time, without specific reason, if the user wishes to no longer access the portal network. To do so, the user must select the "Delete My Account" option from the "My Account" category. The user must then indicate the e-mail address used in registration and enter the account's password twice.
3.3 Termination by the operator
The operator is entitled to terminate the user agreement any time. The right to terminate for important reasons resp. to block a user in accordance with paragraph 6 of those t&c notice shall remain unaffected.
3.4 Deletion of user data after cancellation
Upon the successful termination of a user account, all personally-identifying data in that account will be permanently deleted. Articles made publically accessible before the account deletion (forum entries, news articles) will remain publically accessible. All references to the user's account will be replaced with a note indicating the article had been created by an account no longer in use.
Overview
4. General functions
4.1 Functions offered in the portal
In the portals the user has access to several functions. These are in particular:
• the ability to create profiles and the use of comparable functions in order to upload data and contents (e.g. texts, pictures, graphics, videos, offers) which can be visible for all users and/or only for specific user groups,
• the availability of functions for communicating with third parties (e.g. the dispatch of notifications or the dispatch of messages to other users of the portal),
• the availability of a general market place where users can buy or sell articles,
• the availability of discussion forums with several topics,
• the availability of news categories where users can write articles to be shared with other users
• the availability of calendars to plan and organize events and private appointments
4.2 Availability of functions
Not every function is available in each portal. Certain functions are reserved for user groups or administrators.
4.3 Further development of functions
Portals are subject to changes in function, improvements and/or enhancements. However, the operator makes no claim as to when or if such changes shall be made.
4.4 Publishing and visibility of data collected in the portals
4.4.1 Adjustment of data visibility
The user can decide on his own which of his data (profile informations, photo albums and appointments) are visible for other members and contacts. Therefore three options can be chosen (“Visible only for me”, “Visible for me and my contacts”, “Visible for all members”). The visibility can be adjusted creating an album or appointment afterwards.
4.4.2 Visibility in public areas
Contents published in public areas like the forums, the shop or the news portal are visible for all members. It is the user's responsibility, based on the settings available, which personal data are visible and which are not (see 4.4.1).
4.4.3 Visibility in closed areas
Some categories and areas of the forum, the shop or the news portal might be restricted to specific users and/or groups and visible to those users only.
4.4.4 Portal-wide presentation of contents
In order to facilitate usage, portals may contain content visible in more than one portal. Thus, users from one portal may discuss or utilize the marketplace with users in another.
4.5 Access to the portal
Access to the portals is granted within the confines of technical and organizational limits. Acces may occasionally be denied due to maintenance, server integrity, security measures, or other event, seen or unforseen.
4.6 Operator shall not participate in content
The portal shall bring together users and offer them the opportunity to communicate with each other. The operator offers technical functions, but shall not participate in user-oriented communication and content.
4.7 Information about contents and applications of third parties
If necessary, through hyperlinks the operator may inform users of portals containing content and application of third parties ("Content of third parties"). Such contents of third parties is marked by a corresponding note (e. g. “Advertisement” or “This is an offer by [name of the third party]“). If in connection with the contents of third parties the conclusion of a contract is offered, this contract will exclusively be made with the responsible person indicated as the vendor in the respective case.
Overview
5. General principles for use of the market place
5.1 Function of the market place
Specific portals will contain a shop (“market place”), where users can offer, buy and sell all kinds of goods and services (“merchandise”).
5.2 Registration and description of the contents
Merchandise available for purchase must include accurate and complete descriptions of the item's or items' characteristics and attributes (this includes defects which may result in a loss of value of the offered merchandise). Payment and delivery information must be complete and accurate.
5.3 Abuse of the registration of the offer
It is prohibited to manipulate the search function of the market place, e.g. using abusive brand names or other search terms at the article description.
5.4 Legality of the contents
Users who sell merchandise in the market place responsible for the legality of merchandise offered for sale. Users who suspect the legality of merchandise offered for sale may send a report to the operator, who will verify the reports and, if necessary, remove the merchandise from the market place.
5.5 Prohibitions
Merchandise which violate public acts, rights of third parties, or general public decorum is not permitted to be offered. Some articles must comply to specific conditions and regulations, and the operator reserves the right to apply more rigorous standards than those restricted by law.
5.6 Completion of the contract between buyer and seller
The operator does not participate in any transactions involving articles of sale in the market place. Fulfillment of contracts between parties in the market place are between the users only and not the operator.
5.7 Contact data from buyer and seller
If on the market place a contract has been concluded by members, relevant contact data of the other contracting party will be communicated automatically by the portal.
5.8 Transfer of ownership of merchandises to the buyer
Users offering merchandise for sale must be capable of transferring said merchandise to the purchasing user within the time frame agreed upon.
5.9 Power of revocation and right of return
Companies and tradesmen offering goods or services are obliged to inform about the legally required information concerning consumer protection and – if existing – the power of revocation and right of return.
5.10 Rights of third parties
The description of the article and the pictures used therein may not violate rights of third parties and have to refer exclusively to the offered article.
5.11 Cost transparency
Sellers may not demand or split further charges (charges for the market place, PayPal charges etc.) additional to the retail price incl. shipping costs.
5.12 Costs for the publishing of offers
When an offer is published, the user will be informed if the offer will be liable to costs and the instances when those costs may occur. The user must agree to these costs to continue publishing the offer to the market place.
5.13 Transmission of invoice
An invoice (see 5.12) shall be transmitted to a user after said user's merchandise is liable to costs after publication or a successful purchase of merchandise by another user. The operator reserves the right to concentrate invoice information about sales and costs.
5.14 Rights of complaint and powers of revocation
Since the operator just acts as a mediator in the buying and selling of merchandises by operating the market place (see description of services 1.1), he does not take any responsibility for rights of complaint or powers of revocation. Any disputes are to be settled between the contracting parties.
5.15 Data privacy
Members are not allowed to use received addresses, contact data and email addresses for other purposes than the (pre-) contractual communication. In particular it is forbidden to sell those data or use them for marketing, unless the user gave his prior consent.
5.16 Changes at the market place
The operator reserves the right to change the marketplace on the basis of construction, arrangment, and price structure, so long as these changes remain reasonable for users with legitimate interests in the market place.
Overview
6. Rating and commenting the contents
6.1 Rating function
Users who bought or sold an article may rate their trade partners and add a comment to the rating (for example commenting order processing, shipping and payment).
Also texts like news articles and forum entries, photo and video albums may be rated and commented if this possibility was provided by the user when publishing the contents.
6.2 Responsibility
The articles published or revised by the members only present the opinion of the publisher of the respective articles and are subject to their responsibility.
Publishing contents, users of the portal or the market place are obliged to not violate prevailing law, those t&c or rights of third parties.
Overview
7. Duties of the user
In order to ensure that the portals can function to serve their large number of users, all users must comply with certain rules:
7.1 Confidential treatment of data
It is the responsibility of the user to treat their password with proper care and not give it out to third parties. Employees of the operator or its portals will never ask a user to supply their password. Users are not permitted to knowingly allow other parties to access their account. Should a user suspect a third party has abused their account or has accessed the account without permission, the user is obliged to inform the operator immediately.
7.2 Duties of the user publishing contents
The user is responsible for all contents (e. g. texts, pictures, graphics, videos and links) he publishes or disseminates at the portals and their functions (market place, forums, news area etc.). It is his responsibility to assure that the contents is lawful, especially that it does not violate prevailing law, public decorum or rights of third parties (e.g. property right, copy right and trademark right).
In addition:
7.2.1
The user commits himself to not publishing any correspondence or business secrets.
7.2.2
The user commits himself to not publish or link to respective material on third parties’ websites any image files containing unethical or pornographic elements or those harmful to young people or depicting violence. Furthermore, image files must not contain elements promoting or depicting hate crimes, violence, or discrimination by race.
7.2.3
The user commits himself to not violate the principles of the portals, to not call for their violation, to not show methods how to get around these principles or to link to contents relating to this.
7.2.4
The user commits himself to not violate prevailing law, to not call for their violation or link to contents relating to this.
7.2.5
The user commits himself to not publish untrue allegations, insults or abusive criticism, to not express himself in a vulgar or an obscene manner and to not treat other members disrespectfully, provocatively or aggressively.
7.2.6
The user commits himself to not publish misleading contents or publish contents in a misleading way.
7.2.7
The user commits himself to not publish contents in sites which are not provided for that, are inappropriate and/or where the reader cannot expect this contents.
7.2.8
It is not allowed to upload contents depicting only or predominantly company symbols, brand logos, or other commercial or protected symbols.
7.2.9
Elements containing third parties (such as photographs) may be uploaded only with the consent of the third parties contained in the elements.
7.3 Duties of the user using the portals’ contents
7.3.1
Contact data which are accessible in the portals may not be used by the users for other purposes than private communication. Therefore it is e.g. prohibited to use user data for data acquisition by employers, apprenticing companies, employment agencies, universities or similar public and private educational institutions.
7.3.2
It is mandatory for the users to follow the code of behavior for the use of the portal, which might be stricter than prevailing public acts.
7.3.3
Accessible contents of the portals (among other things news articles, forum entries and description of articles at the market place) may not be copied, disseminated or made public without prior consent of the entitled persons and authors.
7.4 Duties of the user concerning safeguarding own data
The user is obliged to take appropriate precautions to save and archive important information (e.g. messages within the message service). The operator does not guarantee the maintenance of contents like articles, photo albums, messages or other contents for an unlimited period of time.
7.5 Duties of the user concerning disturbances
7.5.1
Disturbing interferences in the portal are forbidden. In particular, users are forbidden to take any actions that might lead to an excessive load on the portals (e.g. mass distribution of notifications or messages [SPAM]) or to undue harassment for other users.
7.5.2
Electronic attacks of any kind against the portal (including all hard- and software necessary for its running) or against single users are forbidden. The following will be regarded as electronic attacks:
• Hacking attempts, i.e. attempts to overcome, circumvent or otherwise render ineffective the security mechanisms of the portal
• using and/or dissimenating viruses, worms and Trojans
• brute force attacks
• sending undesireable advertising messages (SPAM),
• any other actions or procedures which could interfere with the portals (including all hard- and software necessary for its running) and/or users.
8. Effects of violations by users
8.1
Complying with those t&c, especially with the rules from paragraph 5, is of utmost importance for the working order of the portals. Therefore the operator reserves the right to block or delete without advance notice picture files, videos, texts and links, provided that there is concrete evidence for any violation of the principles and conditions.
8.2
In case of doubt the operator of the portal will check with the user if the offence was caused by involuntary misconduct or if it was committed with intent.
8.3.
Gross or multiple breaches of the principles can lead to the suspension or expulsion of the portal.
8.4
If a user is blocked he is no longer allowed to use the portals. A blocked user is not allowed to re-register.
Overview
9. Release from operator’s liability by the user
9.1
The user exempts the portals’ operators from all claims, which might be made by third parties on account of contents published by users violating their rights.
9.2
A responsible user has to pay the operator’s statutory legal costs (including all attorney’s fees and court fees) for a necessary defense except when the infringement of a right was not caused by a culpable conduct.
9.3
In case a third party claims on the operator, the user is obliged to communicate to the operator immediately, truthfully and completely all information in hand necessary for looking into the claim and for the operator’s defense. Further claims on the user by the operators remain unaffected.
Overview
10. Limitation of liability
The operator is not obliged to monitor information transmitted or saved on the portals, nor to search for illegal activities unbidden. Should the operator become aware of any unlawful actions on the part of a user or of any unlawful information within the portals, those information will be immediately removed or the access will be blocked.
Overview
11. Data privacy
11.1
The concept of the portals is based on the publication of data and contents which are accessible on the portals for other users. The user decides on his own whether and which data and contents he wants to make accessible for other users: on the one hand the user decides on his own whether and in which scale he wants to fill out personal data and contents in his profile; on the other hand the user can change the settings any time to restrict the publication of his data and contents.
11.2
The collection, processing and use of personal data by the operator are governed by applicable data protection provisions, the General Privacy Policy and the user’s declared consent to the processing of personal data.
11.3
Users are not allowed to share contact data - collected at the portals from other users - with third parties without their prior consent and/or use these data for advertisement.
Overview
12. Miscellaneous: Future changes and final clauses
12.1
The operator reserves the right to change those t&c any time and without justification, considering the conditions from paragraphs 12.1.1 to 12.1.3.
12.2
The stipulation from paragraph 12.1 does not apply to paragraph 4 of those t&c. Any changes or deviations of the description of the subject matter of this contract will be communicated to the user. With regard to this the operator will offer the user to continue the contractual relationship at altered conditions, if the user’s interests are disturbed by the changes and/or deviations. The right of cancellation stipulated at paragraph 3.1 remains unaffected at any time.
12.3
Any other altered stipulations will be sent to the user by email two weeks before they come into effect. If the user does not oppose to the validity of the new t&c within 2 weeks after receipt of the email, the altered t&c will be regarded as accepted. The e-mail containing the altered stipulations will inform users of the two-week time limit.
12.4
If the user opposes to the validity of the new t&c within the fixed time from paragraph 12.1.2, the operator may cancel the contractual relationship with the user with a period of notice of fourteen days.
12.5
The operator may make use of third parties as his agents for the purpose of fulfilling his contractual obligations and thereby providing the contract as pledged.
12.6
After providing one month’s notice, third parties (e.g. other companies or groups) may overtake duties and rights of the operator, entirely or in part. In such a case the user is entitled to cancel the contractual relationship without providing reasons.
12.7
Those t&c and the contractual relationship between the operator and the user will be governed exclusively by the laws in effect in the Federal Republic of Germany. Those laws will only apply to users inasmuch as the protection they afford is not revoked by mandatory legal provisions of the state where the user has his habitual residence.
12.8
If individual terms of this contract are ineffective or cannot be executed or become ineffective or cannot be executed after conclusion of the contract, the remaining contract remains unaffected.
