General Terms and Conditions for using amiando
With the registration as a user of the amiando platform you (hereinafter referred to as “user”) accept the following terms and conditions for the use of amiando (hereinafter referred to as “terms”). amiando operates its services under various top-level domains (amiando.com, amiando.de, amiando.ch etc.), as well as various sub-domains and aliases of these domains. All websites on which amiando provides its services are hereinafter referred to as “amiando-websites”. These terms shall govern the contractual relationship between the user and amiando, irrespective of which amiando-website the user is registered with or logged on to. To use the services of amiando the user must be of age.
Should the English version of these terms deviate from the German language version, only the German version shall apply and be binding.
1. Subject Matter
1.1. Registered users of the amiando-websites are offered to organize meetings and events. amiando reserves its right to charge a fee for specific services. If so, the user accepts his payment obligations for the use of these specific services by clicking on a special button offered in that case.
1.2. Any use of the services and contents offered on the amiando-websites beyond the scope of options provided by amiando requires the prior written consent of amiando.
1.3. amiando shall only make data and/or information provided by the user available for other uses provided that this data and/or information does not violate any laws or these terms. amiando is entitled to remove any illegal or prohibited data and/or information from amiando-websites without prior notice to the user.
1.4. The user acknowledges and agrees that it is technically impossible to achieve 100% availability of the amiando-websites. amiando shall nonetheless endeavor to keep amiando-websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond amiando'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 amiando-websites.
1.5. amiando merely provides the user with a platform on which to establish contact with other users, and only provides those technical applications that allow users to contact one another. As regards content, amiando does not take part in any communication between users. If users enter into agreements with one another over amiando-websites, amiando shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfilment of agreements in which they enter with one another. amiando shall not be held liable if users are unable to contact one another over amiando-websites regarding such agreements. Furthermore, amiando shall not be liable for breaches of duty in relation to agreements entered into between users.
2. Registration, Representations and Warranties upon Registration
2.1. The user warrants that all of the data provided by the user for registration is accurate.
2.2. The user warrants that he or she is of legal age at the time of registration.
2.3. The user shall choose a password upon registration. The user is obliged to keep this password secret. amiando shall not disclose the password to any third party and amiando shall not ask for the user's password at any time.
2.4. Each user is entitled to register with amiando only once, and the user may only establish one user profile.
2.5. It is technically impossible for amiando to determine with certainty whether any user registered with amiando is in fact the person he or she represents to be. Therefore, amiando assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.
3. Obligations of the user
3.1. The user is obliged,
3.1.1. To provide only true and non-misleading statements in the user profile and in communications with other users.
3.1.2. To comply with all applicable legislation, and respect all third-party rights. In Particular, the user shall not (i) use any insulting or defamatory contents, regardless of whether said contents are directed at another user or amiando personnel or other companies, (ii) 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, (iii) unreasonably annoy (particularly with spam) any other user (cf. §7 of the German Unfair Competition Act), (iv) 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, (v) use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
3.1.3. 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; 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 user is prohibited from the following: Employing any mechanisms, software or scripts when using amiando-websites. However, the user may use the interfaces or software provided by amiando within the scope of the services available on the amiando-websites. Blocking, overwriting, modifying and copying of any contents of the amiando-websites, unless said actions are necessary for the proper use of the services on the amiando-websites. 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 amiando-websites or any other user. Performing any actions which may impair the operability of amiando's infrastructure, particularly actions which may overload said infrastructure.
4. Changes to the Services on amiando-websites
amiando reserves the right to modify the services offered on the amiando-websites and/or to offer services different from those offered at the time of the user's registration at any time, unless this is unreasonable for the user.
5. Termination of Membership
5.1. The user may terminate the membership at any time without cause. The user may deliver notice of termination using the contact form available on all amiando-websites at any time. The termination notice shall include the E-Mail address of the user registered on one of the amiando-websites.
5.2. amiando has the right to terminate the membership of an user according to the legal requirements, in event on a good cause even without any period of notice. A good cause is defined as an event which makes it unacceptable for amiando 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 amiando against the user's. A good cause includes any the following events: If the user fails to comply with any applicable legal provisions; If the user breaches a contractual obligation, in particular an obligation set forth in sections 2 and 3 of these terms; If the reputation of the services offered on the amiando-websites is substantially impaired by the online-presence of the user (if, for example, it is discovered after registration that the user has been convicted of a criminal offence, and if said conviction is known to other users); If the user 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 user causes harm to any other user(s).
5.3. In the event of a good cause in accordance with section 5.2. and notwithstanding amiando's right to terminate the contract in accordance with section 5.2., amiando is entitled to: Delete the contents posted by the user; Issue a warning, or; Block the user's access to the services on the amiando-websites.
6. Responsibility for the user’s Content, Data or other Information
6.1. amiando does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the amiando-websites or on any external websites linked to them. In particular, amiando 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 user may report any activities of any other user which violate applicable laws and/or these terms using the contact form available at all amiando-websites.
7. Liability of amiando
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against amiando (including its vicarious agents) shall exist only if amiando breaches a basic/cardinal obligation under this agreement. In this event, the liability is limited to typical and foreseeable damages. This shall not affect personal injury and property damage claims based on the German Product Liability Act.
8.1 The user shall indemnify and exempt amiando from all actions, including damage claims, asserted by other users or third parties against amiando resulting from an infringement of their rights by the contents posted by the user on amiando-websites. Furthermore, the User shall indemnify and exempt amiando from all actions, including damage claims, asserted by other users or third parties against amiando resulting from an infringement of their rights regarding the use of the services on amiando-websites by the user. The user assumes all reasonable costs amiando incurs due to an infringement of third party rights, including all reasonable legal-defence costs. All other rights, including damage claims by amiando, are hereby unaffected. The aforementioned obligations shall not apply to the extent the user is not responsible for the infringement.
8.2 In the event the content posted by the user infringes any rights of any third party, the user shall, at its own expense and at amiando's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the user infringes third-party rights when using the services of amiando-websites, the user shall discontinue such use that violates these terms and the law, if so requested by amiando.
9. Data Protection
9.1 amiando recognizes that any data provided by the user to amiando is extremely important to the user, and amiando shall therefore be particularly sensitive in handling such data. amiando 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, amiando shall not provide or otherwise disclose any personal data of the user to any third party without authorization.
9.2 amiando advises its users that data provided to amiando by the users is stored and processed mechanically in machine-readable form for purposes arising from the contractual relationship. Dissemination of data to third parties shall only occur within the scope of the purpose of the contract. amiando highlights that it complies with all applicable legal provisions regarding data protection, especially regarding the transfer of any personal data of the user to any third party.
9.3 amiando offers every user the service to transmit personal communication data to other users partially or in total respectively to revoke access to data. The transmission of data happens on own risk.
9.4 Accepting these terms the user declares: I give my consent,
a. that amiando collects, uses and processes my individual-related data in order to constitute and operate my contractual relationship with amiando. Individual-related data is inventory data, as e.g. name and address, and utilization data, as e.g. username, password and ip-address.
b. that amiando provides the data given by the user to other users. The user finds the data provided to other users at the beginning of his/her registration process. The provision of data to other users can be stopped by the user in section “Settings and Privacy” in his account at any time.
c. that the data given at the registration process in order to join a special event is transmitted to the organizer of this event.
d. that amiando collects, uses and processes my utilization data inter alia by cookies in order to assign an user-id to me. E.g. the cookies are used for a personal greeting of every user at amiando.
e. that amiando collects, uses and processes my individual-related data for marketing e.g. to send E-Mails with general information or advertisement (newsletter). I take note that I have the opportunity to cancel this newsletter at any time (see instructions in the newsletter E-Mail).
f. that amiando, as far as it is necessary in individual cases, is allowed to collect, to use and to process my inventory data and my utilization data in order to prevent illegal actions of the user.
g. that amiando is allowed to collect, to use and to process my individual-related data even after termination of my membership in cases of prior malpractice of the amiando-websites or in cases of possible illegal acts of the user.
10. Final Provisions
10.1. These terms and any amendments thereto must be in writing to be valid. No secondary agreements exist.
10.2. amiando reserves the right to amend these terms at any time, without giving reasons, unless an amendment is unreasonable to the user. amiando shall give due notice of any amendments of these terms to the user. If the user does not object to the applicability of the revised terms within two (2) weeks after receipt of said notice, the amended terms shall be deemed to be accepted by the user. amiando shall inform the user about the user's right to object and of the relevance of the objection deadline in said notice.
10.3. Unless otherwise stated in these terms, the user may submit all notices to amiando using the contact form provided on each of the amiando-websites, or by letter or fax. amiando may send notices to the user by E-Mail, fax or post to the addresses given in the user’s current contact data in his or her user account.
10.4. If any provision of these terms 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.
10.5. The place of performance under these terms shall be amiando's main place of business.
10.6. Place of jurisdiction, insofar as legally admissible, shall be the main place of business of amiando.
10.7. These terms 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.
Update: 9. October 2006