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TERMS OF USE

 

1. Scope of application of the terms of use

1.1 These Terms of Use apply to the services offered at www.fabvote.com and in the Smartphone App "FABVOTE", as well as the platform accessible via it (hereinafter: Services). The app makes it possible to upload images to a platform and interact there with third parties. 

1.2 The operator of the website and the app is FABVOTE GmbH, Dresdener Str. 31, 10179 Berlin, Germany (hereinafter: the Company).

 

2. Conclusion of contract and registration

2.1 By completing the registration in the FABVOTE-App a contract of use is concluded with the company. The object of the contract is access to the FABVOTE platform via the FABVOTE app as a registered user (hereinafter referred to as "User").

2.2 In order to use all functions of the platform, the user must register. There are various options available for this. Registration is possible through a social media account (Twitter, Facebook, Line), an e-mail address or a telephone number. When registering, the user chooses a user name. Registration is permitted for persons aged 13 and over. When registering, the age, country of origin and gender of the user must be specified. The user profile only serves to upload content to the platform and to interact with third parties on the platform. Each user may only create one user account.

2.3 The User warrants that the data ("Profile Data") used to create his profile is accurate and complete. The use under additional indication of a pseudonym is permitted.

 

3. Use of the profile

3.1 When using the profile, the user can upload and publish images within the platform and interact with third parties via comments and votes.

3.2 The user is solely responsible for the information and content provided by the user on the platform. The user undertakes to observe applicable law (e.g. criminal law and youth protection law) and not to infringe the rights of third parties (e.g. copyright and other property rights or name and other personal rights). An infringement of copyrights may occur, for example, if the user posts images on the platform that he has not created himself or if the person who created the images has not given his consent to the posting on the platform. An infringement of the personal rights of third parties may occur, for example, if the user posts images that may offend or offend third parties. When posting photographs of third parties, an infringement of personal rights may already occur if the person depicted has not given his consent to the posting on the platform.

3.3 The Company is not obliged to publish the images posted by the Users. The Company may refuse, remove or edit the publication of individual images (in whole or in part) at any time without giving reasons. This does not only apply, however, in particular if it is suspected that these contents violate applicable law or the rights of third parties.

3.4 The user has no claim to the maintenance of individual functionalities of the platform. The Company shall endeavour to ensure that the Platform operates without interruption. Naturally, this is limited to services over which the Company has influence. The Company is at liberty to restrict access to the Platform in whole or in part, temporarily or permanently, due to maintenance work, capacity requirements and other events beyond its control.

3.5 The Company is entitled at any time to remove content uploaded by the User to the Platform if the Company believes that such content violates these provisions or the Company's policies.

 

4. Obligations of the user

4.1 When using the platform, the user undertakes, in addition to complying with statutory regulations and safeguarding the rights of third parties (cf. § 4 (2), (5)), to maintain good morals and manners. This means in particular that the user must not post

  • any content on the platform that may be perceived by other users as offensive, defamatory or disrespectful;

  • does not provide false information;

  • does not post any content with racist, violence-glorifying, pornographic or otherwise discriminatory content on the platform;

  • has not previously violated the Terms of Use and his account has therefore been deleted;

  • does not upload files that are infected with or appear to be infected by a virus;

4.2 The user must refrain from any actions that could impair and/or excessively burden the operation of the platform or the underlying technical infrastructure. This includes in particular

  • the use of software, scripts or databases in connection with the use of the App and the Platform;

  • blocking, overwriting, modifying, copying data and/or other contents of the App and the Platform, insofar as this is not necessary for the proper use of the Platform;

4.3 The user is obliged to handle the log-in data carefully and to prevent any misuse of the log-in data by third parties. The profile is personal. The user is not entitled to transfer the user profile to a third person without the expressed consent of the Company. Without the expressed consent of the Company, the user is not entitled to allow third parties access to the profile using his log-in data. 

 

5. Rights of use and authorship

5.1 The User grants the Company an unrestricted, irrevocable, non-exclusive, royalty-free right of use in respect of content, space and time to the content posted by the User. This license is solely for the use of the Content to provide the Services. This includes in particular the right of reproduction, the right of distribution and the right of public communication, in particular the right of making available to the public on the Internet. The license can be terminated at any time by deleting the uploaded content.

5.2 The user waives the right to copyright. 

5.3 All rights to the contents of the platform are owned by the Company. The user is prohibited from reproducing, distributing and/or publishing content that the Company, other users or third parties have posted on the platform. This does not apply to contents posted by himself.

5.4 The Company is entitled to use the user name, the profile picture and information about the actions of the users (such as "votes") next to or in connection with accounts, advertisements, offers and other sponsored content with which the user has interacted, without the user receiving any compensation.

 

6. Limitation of liability

6.1 Unlimited liability: The Company shall be liable without limitation for intent and gross negligence. The Company shall be liable for slight negligence in accordance with the German Product Liability Act (Produkthaftungsgesetz) and for damages resulting from injury to life, limb and health of persons.

6.2 Otherwise, the following limited liability shall apply: In the event of slight negligence, the Company shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the User may regularly rely (cardinal obligation).Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

6.3 This limitation of liability shall also apply in favour of the Company's vicarious agents.

 

7. Right to exemption

The User shall indemnify the Company and its employees or agents against all claims by third parties arising from claims asserted by the User due to alleged or actual infringement of rights and/or infringement of third-party rights by actions undertaken by the User in connection with the use of the Platform. In addition, the User undertakes to reimburse all costs incurred by the Company as a result of claims by third parties. Reimbursable costs also include the costs of reasonable legal defence.

 

8. Termination of the contract

8.1 The contract shall run for an indefinite period of time and may be terminated by either party at any time without notice and without giving reasons.

8.2 Cancellations may be sent by e-mail to datenschutz@fabvote.com The same applies if the user deletes his account in the app. At its own discretion, the Company may also order the blocking or deletion of the User's access for an indefinite period instead of the declaration of termination. The Company may block/delete the data in particular if the user has not used the log-in data for a period of at least one year or if the e-mail address provided by the user cannot be reached or if the user violates his obligations under section 4 of these provisions.

8.3 Termination shall result in the user no longer having access to the profile. In the event of termination, the Company will delete the profile data about the User within a reasonable period of time. This does not apply to content that the user has entered into the platform during the term of the contract.

 

9. Final provisions

9.1 Should the contract contain ineffective regulations, the effectiveness of the rest of the contract remains unaffected.

9.2 This contract shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

9.3 All amendments or supplements to these Terms of Use must be made in text form (§ 126b BGB). Amendments to these Terms of Use by the Company shall take effect after 28 days' notice. Irrespective of which termination provisions apply at the time of the announcement in accordance with these Terms of Use, the user shall have a special right of termination in the event of a change to the Terms of Use, which must be asserted within 14 days of receipt of the announcement.

 

Last update: May 2019