Terms & Conditions
General terms for the use of the mimple network and connected portals (Communities)
§ 1
Area of application
(1) The following general terms and conditions (hereinafter: ”GTC“) shall apply for all contracts between the users and the operator for the use of online offers (hereinafter also: the “Portal”) which are provided by Hatchery Group GmbH & Co. KG, Donnersmarckallee 10, 13465 Berlin (hereinafter: “Operator”) . The GTCs can be retrieved within the Portal for the duration of the contract in the version as amended from time to time.
(2) The subject matter of the contract is (free) access to the Portal. This Portal is a platform on which the user can create so-called profiles. The users can be found by other users and the public at these profiles. It is also possible to contact other users via the Portal.
(3) The contract shall come into effect by completing the online registration process and producing a user account (§ 2 paragraph 1).
§ 2
Access to the Portal
(1) Users have to to create a user account in order to create a profile and access the Portal. This consists of a username and a password (“Login-details”). It is only possible to use the Portal whilst stating the user’s current e-mail address. This e-mail address is also used to communicate with the Operator.
(2) The user is obliged to handle the login-details with care and prevent the abusive use of the login-details by third parties.
(3) The users guarantee that the data used creating his profile („Profile-data“) are correct and complete. The use of pseudonyms is not permitted. Each user will only set up one profile. The user must change actual changes of his profile data immediately in his profile. The Operator is entitled but not obliged to perform an inspection of the Login–details and Profile-data. It is thus possible that the Login-details entered by the user do not correspond with the user's actual data.
(4) The profile is strictly personal. The user must not transfer the profile to a third person without the express consent of the Operator. The user is also not entitled to enable third parties access to the profile whilst using his profile without the express consent of the Operator.
§ 3
Use of the Portal
(1) The user can make use of various services when using the Portal. This includes for instance the sending of messages. When using the Portal the use must observe applicable law (e.g. criminal law, competition law and youth protection law) and must not violate the rights of third parties (name protection, trademark protection, personality trade mark law and data protection laws). In particular this means that the user may not send any messages with advertising content without the consent of the addressee (in particular: spam messages).
(2) In all instances of communication between the users potential contractual relationships shall only arise between the users involved. The Operator is neither the representative nor will the Operator itself become a contractual partner.
(3) In the event that the user makes use of the option of informing third parties of the existence of the Portal using the recommendation function provided by the Operator he must ensure that the third party consents to the sending of the recommendation e-mail.
(4) When using the Portal the user may enter his own contents (text, images etc.). When producing and using such contents the user must observe applicable law (e.g. criminal law, competition law and youth protection law) and must not violate the rights of third parties (name protection, trademark protection, personality trade mark law and data protection laws). If the contents include third party website hyperlinks the user guarantees that it is entitled to use the hyperlinks and that the referred website ("Landing Page") is legal and does not infringe the rights of third parties as defined by sentence 2. The Landing Page must be accessible for the duration of the contract.
(5) The user grants the Operator an unrestricted, irrevocable right of use to the contents entered that can be assigned to third parties. The Operator may use and modify the contents any time as the case may be. This particularly includes the reproduction right, the right of distribution and the right to communication to the public, and in particular the right to make available to the public.
(6) The Operator is entitled at all times to block access to individual contents, e.g. if there are suspicions that these violate applicable law or infringe the rights of third parties.
(7) The Operator holds all rights to the Portal (in particular copyrights). The user is obliged to take account of this and must not to use any contents of whatever type itself – either privately or commercially – beyond the options granted to him by the use of the Portal.
(8) The user must refrain from all activities that are likely to affect the operation of the Portal and the underlying technical infrastructure and/or to excessively burden it. This includes in particular:
– the use of software, scripts or databases in conjunction with the use of the Portal;
– the blocking, overwriting, modification, copying of data and/or other contents if this is not necessary for the orderly use of the Portal;
– the distribution and/or communication to the public of any contents of the Portal.
§ 4
The consumer’s right of revocation
(1) In the event that the user is a consumer as defined by § 13 of the German Civil Code, this is if he/she concludes the contract concerning the use of the Portal for a purpose that is outside his trade, business or profession he/she shall be granted a right of revocation according to the following provisions.
(2) Right of revocation: You may cancel your contract without statements of reasons in text form (e.g. letter, fax, e-mail) within a period of two weeks. The term shall commence at the earliest upon the receipt of this instruction in text form. To comply with the time limit, dispatch in good time is sufficient. The revocation must be sent to: Hatchery Group GmbH & Co. KG, Donnersmarckallee 10, 13465 Berlin; E-Mail: widerruf@mimple.net.
(3) The consumer’s right of revocation shall extinguish if the contract was performed in full by both parties at the express wish of the consumer before the consumer exercised his right of revocation
(4) Consequences of revocation: In the event of an effective revocation the performances received by both parties shall be returned and benefits that have been derived from them (e.g. interest) shall be surrendered. If you are unable to return the rendered performance either in full or part or only in a deteriorated condition you may be liable to pay compensation in this respect.
§ 5
Duration of the contract, termination
(1) The contract is valid indefinitely and can be cancelled by both parties at any time without observing a notice period and stating any reasons.
(2) In addition and extending beyond this the rights of the parties to terminate the contractual relationship by means of an extraordinary termination for good cause shall remain unaffected.
(3) The Operator has a good cause for the termination of this contract if the user persistently violates his/her obligations according to § 2 of this contract.
§ 6
Warranty and Liability
(1) The Operator endeavours to provide the disruption-free operation of the Portal. This shall naturally be restricted to performances that the Operator can influence. However, the user recognises that the disruption-free availability of the Portal cannot be technically realised. However, the Operator shall make an effort to ensure the Portal is available as long as possible. However the user does not is not automatically entitled to this. In particular the Operator shall in particular be at liberty to restrict access completely or partially, temporarily or permanently to the Portal due to servicing work, capacity issues and due to other events that it are beyond its control. The user has also no right to the perpetuation of individual functions of the Portal. The user has no right to the use of existing functions of the Portal.
(2) In the event of slight negligence the provider shall only be liable for the breach of essential contractual duties (cardinal duties), in case of personal injuries and in accordance with the German Product Liability Act. In other respects the pre-contractual, contractual and non-contractual liability of the provider shall be restricted to intent or gross negligence whereby the limitation of liability shall also apply in the event a vicarious agent of the provider was at fault.
§ 7
Data protection
(1) The use of the Portal requires the storage, use and processing of the user’s personal data by the Operator. The Operator provides assurance that it will treat the stored data with care and will only process it if the user provides its consent under data protection law. The Operator shall only use the personal data extending beyond this if this is permissible by law or the user has provided its prior consent to this.
(2) The user hereby consents to the storage and processing of the personal data entered by him. This also applies to the storage of the IP addresses which are transmitted every time the Portal is used. The user also consents to the exposure of the personal data entered by him in his profile depiction within the Portal for other users of the Portal and third parties who are not users of the Portal.
(3) The user also consents to the use of his personal data for the personalisation of the advertisements placed in the Portal (the personal data will not be passed onto the advertisers). The user thus also consents to the fact that advertisements of third parties, regardless of what form they take, may be placed on his profile pages.
(4) Furthermore the user agrees that the Operator may use the user's personal data for direct marketing purposes. This includes the user being contacted via e-mail and via mail by companies advertising their services.
§ 8
Right of exemption
The user shall exempt the Operator and its staff or authorised representatives, in the event of claims due to supposed or actual violation of laws and/or the violation of rights of third parties due to actions performed by the user in conjunction with the use of the Portal (in particular the use of the recommendation function - § 3 section 3 of the GTC) and/or the content entered by the user, from all resulting claims of third parties and shall undertake to reimburse the Operator of any potential costs that arise due to the fact it is claimed on by third parties. The costs that can be reimbursed also include all the costs of bringing an appropriate action and of legal defence that the Operator should incur to defend itself against the claims of third parties. In this case the Operator shall immediately inform the user of legal defence actions that need to be performed.
§ 9
Concluding provisions
(1) If one or several provisions of these GTC should be or become ineffective the validity of the other remaining provisions shall not be affected by this.
(2) The law of the Federal Republic of Germany shall apply at the exclusion of the UN sales of goods law. The place of jurisdiction for all disputes resulting from and in connection with this contract irrespective of their legal foundation shall be - if the user is a businessman - the headquarters of the Operator at the time the contract was concluded.
(3) All changes or additions to these GTC need to be in text form (§126b of the German Civil Code). This shall also apply to an amendment of these provisions. Amendments of these contractual terms by the Operator are possible with an advance notice of 28 days. The user is entitled to an additional right of termination of the GTC that must be exercised within a week of notification.
(4) The Operator is entitled to transfer this contract with all its rights and duties to a company of its choice. The transfer shall become effective 28 days after the user was informed of this. The user is entitled to an additional right of termination in the event this contract is transferred to another company that must be exercised within a week of notification.
Hatchery Group GmbH & Co. KG
As at: 05.11.2010
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§ 1
Area of application
(1) The following general terms and conditions (hereinafter: ”GTC“) shall apply for all contracts between the users and the operator for the use of online offers (hereinafter also: the “Portal”) which are provided by Hatchery Group GmbH & Co. KG, Donnersmarckallee 10, 13465 Berlin (hereinafter: “Operator”) . The GTCs can be retrieved within the Portal for the duration of the contract in the version as amended from time to time.
(2) The subject matter of the contract is (free) access to the Portal. This Portal is a platform on which the user can create so-called profiles. The users can be found by other users and the public at these profiles. It is also possible to contact other users via the Portal.
(3) The contract shall come into effect by completing the online registration process and producing a user account (§ 2 paragraph 1).
§ 2
Access to the Portal
(1) Users have to to create a user account in order to create a profile and access the Portal. This consists of a username and a password (“Login-details”). It is only possible to use the Portal whilst stating the user’s current e-mail address. This e-mail address is also used to communicate with the Operator.
(2) The user is obliged to handle the login-details with care and prevent the abusive use of the login-details by third parties.
(3) The users guarantee that the data used creating his profile („Profile-data“) are correct and complete. The use of pseudonyms is not permitted. Each user will only set up one profile. The user must change actual changes of his profile data immediately in his profile. The Operator is entitled but not obliged to perform an inspection of the Login–details and Profile-data. It is thus possible that the Login-details entered by the user do not correspond with the user's actual data.
(4) The profile is strictly personal. The user must not transfer the profile to a third person without the express consent of the Operator. The user is also not entitled to enable third parties access to the profile whilst using his profile without the express consent of the Operator.
§ 3
Use of the Portal
(1) The user can make use of various services when using the Portal. This includes for instance the sending of messages. When using the Portal the use must observe applicable law (e.g. criminal law, competition law and youth protection law) and must not violate the rights of third parties (name protection, trademark protection, personality trade mark law and data protection laws). In particular this means that the user may not send any messages with advertising content without the consent of the addressee (in particular: spam messages).
(2) In all instances of communication between the users potential contractual relationships shall only arise between the users involved. The Operator is neither the representative nor will the Operator itself become a contractual partner.
(3) In the event that the user makes use of the option of informing third parties of the existence of the Portal using the recommendation function provided by the Operator he must ensure that the third party consents to the sending of the recommendation e-mail.
(4) When using the Portal the user may enter his own contents (text, images etc.). When producing and using such contents the user must observe applicable law (e.g. criminal law, competition law and youth protection law) and must not violate the rights of third parties (name protection, trademark protection, personality trade mark law and data protection laws). If the contents include third party website hyperlinks the user guarantees that it is entitled to use the hyperlinks and that the referred website ("Landing Page") is legal and does not infringe the rights of third parties as defined by sentence 2. The Landing Page must be accessible for the duration of the contract.
(5) The user grants the Operator an unrestricted, irrevocable right of use to the contents entered that can be assigned to third parties. The Operator may use and modify the contents any time as the case may be. This particularly includes the reproduction right, the right of distribution and the right to communication to the public, and in particular the right to make available to the public.
(6) The Operator is entitled at all times to block access to individual contents, e.g. if there are suspicions that these violate applicable law or infringe the rights of third parties.
(7) The Operator holds all rights to the Portal (in particular copyrights). The user is obliged to take account of this and must not to use any contents of whatever type itself – either privately or commercially – beyond the options granted to him by the use of the Portal.
(8) The user must refrain from all activities that are likely to affect the operation of the Portal and the underlying technical infrastructure and/or to excessively burden it. This includes in particular:
– the use of software, scripts or databases in conjunction with the use of the Portal;
– the blocking, overwriting, modification, copying of data and/or other contents if this is not necessary for the orderly use of the Portal;
– the distribution and/or communication to the public of any contents of the Portal.
§ 4
The consumer’s right of revocation
(1) In the event that the user is a consumer as defined by § 13 of the German Civil Code, this is if he/she concludes the contract concerning the use of the Portal for a purpose that is outside his trade, business or profession he/she shall be granted a right of revocation according to the following provisions.
(2) Right of revocation: You may cancel your contract without statements of reasons in text form (e.g. letter, fax, e-mail) within a period of two weeks. The term shall commence at the earliest upon the receipt of this instruction in text form. To comply with the time limit, dispatch in good time is sufficient. The revocation must be sent to: Hatchery Group GmbH & Co. KG, Donnersmarckallee 10, 13465 Berlin; E-Mail: widerruf@mimple.net.
(3) The consumer’s right of revocation shall extinguish if the contract was performed in full by both parties at the express wish of the consumer before the consumer exercised his right of revocation
(4) Consequences of revocation: In the event of an effective revocation the performances received by both parties shall be returned and benefits that have been derived from them (e.g. interest) shall be surrendered. If you are unable to return the rendered performance either in full or part or only in a deteriorated condition you may be liable to pay compensation in this respect.
§ 5
Duration of the contract, termination
(1) The contract is valid indefinitely and can be cancelled by both parties at any time without observing a notice period and stating any reasons.
(2) In addition and extending beyond this the rights of the parties to terminate the contractual relationship by means of an extraordinary termination for good cause shall remain unaffected.
(3) The Operator has a good cause for the termination of this contract if the user persistently violates his/her obligations according to § 2 of this contract.
§ 6
Warranty and Liability
(1) The Operator endeavours to provide the disruption-free operation of the Portal. This shall naturally be restricted to performances that the Operator can influence. However, the user recognises that the disruption-free availability of the Portal cannot be technically realised. However, the Operator shall make an effort to ensure the Portal is available as long as possible. However the user does not is not automatically entitled to this. In particular the Operator shall in particular be at liberty to restrict access completely or partially, temporarily or permanently to the Portal due to servicing work, capacity issues and due to other events that it are beyond its control. The user has also no right to the perpetuation of individual functions of the Portal. The user has no right to the use of existing functions of the Portal.
(2) In the event of slight negligence the provider shall only be liable for the breach of essential contractual duties (cardinal duties), in case of personal injuries and in accordance with the German Product Liability Act. In other respects the pre-contractual, contractual and non-contractual liability of the provider shall be restricted to intent or gross negligence whereby the limitation of liability shall also apply in the event a vicarious agent of the provider was at fault.
§ 7
Data protection
(1) The use of the Portal requires the storage, use and processing of the user’s personal data by the Operator. The Operator provides assurance that it will treat the stored data with care and will only process it if the user provides its consent under data protection law. The Operator shall only use the personal data extending beyond this if this is permissible by law or the user has provided its prior consent to this.
(2) The user hereby consents to the storage and processing of the personal data entered by him. This also applies to the storage of the IP addresses which are transmitted every time the Portal is used. The user also consents to the exposure of the personal data entered by him in his profile depiction within the Portal for other users of the Portal and third parties who are not users of the Portal.
(3) The user also consents to the use of his personal data for the personalisation of the advertisements placed in the Portal (the personal data will not be passed onto the advertisers). The user thus also consents to the fact that advertisements of third parties, regardless of what form they take, may be placed on his profile pages.
(4) Furthermore the user agrees that the Operator may use the user's personal data for direct marketing purposes. This includes the user being contacted via e-mail and via mail by companies advertising their services.
§ 8
Right of exemption
The user shall exempt the Operator and its staff or authorised representatives, in the event of claims due to supposed or actual violation of laws and/or the violation of rights of third parties due to actions performed by the user in conjunction with the use of the Portal (in particular the use of the recommendation function - § 3 section 3 of the GTC) and/or the content entered by the user, from all resulting claims of third parties and shall undertake to reimburse the Operator of any potential costs that arise due to the fact it is claimed on by third parties. The costs that can be reimbursed also include all the costs of bringing an appropriate action and of legal defence that the Operator should incur to defend itself against the claims of third parties. In this case the Operator shall immediately inform the user of legal defence actions that need to be performed.
§ 9
Concluding provisions
(1) If one or several provisions of these GTC should be or become ineffective the validity of the other remaining provisions shall not be affected by this.
(2) The law of the Federal Republic of Germany shall apply at the exclusion of the UN sales of goods law. The place of jurisdiction for all disputes resulting from and in connection with this contract irrespective of their legal foundation shall be - if the user is a businessman - the headquarters of the Operator at the time the contract was concluded.
(3) All changes or additions to these GTC need to be in text form (§126b of the German Civil Code). This shall also apply to an amendment of these provisions. Amendments of these contractual terms by the Operator are possible with an advance notice of 28 days. The user is entitled to an additional right of termination of the GTC that must be exercised within a week of notification.
(4) The Operator is entitled to transfer this contract with all its rights and duties to a company of its choice. The transfer shall become effective 28 days after the user was informed of this. The user is entitled to an additional right of termination in the event this contract is transferred to another company that must be exercised within a week of notification.
Hatchery Group GmbH & Co. KG
As at: 05.11.2010
Print this page
