1.1. The object of the contractual relationship is the use of this service and the websites, functions and services offered within the scope of the service, regardless of the domains, systems, platforms (eg web or Facebook) and devices (eg desktop or mobile) on which the service is running ,
1.2. Information on the offerer can be found at the end of these General Terms and Conditions of Business (hereinafter referred to as “General Terms and Conditions”).
1.3. Individual agreements as well as functions and design of the service as well as any price specifiations resulting from descriptions within the service are subject to these terms and conditions.
1.4. The term “content” shall be understood to mean all content and information, including photographs, graphics, logos, videos, texts, evaluations, advertising content and displays, details of places and persons, as well as links ,
1.5. The term “publishing” means the embedding, embedding, and other ways of implementing content that is provided to the users (hereinafter referred to as “publishing objects”) within websites, blogs, apps , Etc. (hereinafter “Publishing Areas”). The content of these Terms and Conditions are also applicable to publishing objects.
1.6. Consumers within the meaning of these General Terms and Conditions shall be any natural person who concludes a legal transaction for a purpose which can not be predominantly attributed to their commercial or independent professional activities (§ 13 BGB). Entrepreneur is a natural or legal person or a legal person who is acting in the exercise of his commercial or independent professional activity when a legal transaction is concluded (§14 I BGB).
1.7. By using the service, the users agree to these terms and conditions.
1.8. Deviating conditions of the user are not recognized, unless the supplier expressly agrees to their validity in writing.
1.9. Minors may only use this service with the consent of their parents (usually parents). The use of the service is forbidden to minors younger than 14 years of age.
Contract conclusion and contract content
2.1. The contractual relationship between the users and the provider comes about with the completion of the registration process or, if not present, with the use of the service.
2.2. The supplier may refuse the conclusion of the contract with the user in case of material reasons.
2.3. The functions and the scope of services offered by the provider are given in the functional description.
2.4. In the case of paid services, the user will opt for one of the tariffs offered by the provider within the scope of the contract. The relevant scope of the provider’s offer as well as the amount of the remuneration, the terms of the contract and the payment intervals that may be paid by the user are given in the respective tariff description.
2.5. If the purpose of the service is to provide users with information on specific topics or events (eg birthdays, vouchers, product samples, etc.), the user agrees to send them by e-mail or comparable electronic messages as well as notice functions and wallpostings within Of the platforms on which the service is running. The type and scope of the information are given in the description of the service. Users may at any time object to the sending of the messages according to the section “Termination” of these General Terms and Conditions.
2.6. The provider may also send the user service-related messages, provided they are used for the technical or contractual processing (eg confirmation mail at registration, safety instructions, changes to the functional scope, etc.) Offers of third parties
3.1. If offers or other services are offered or advertised by third parties or cooperation partners within the service, the provider will not become a contractual partner of the user with regard to this offer.
3.2. In such cases, the contracts are concluded solely between the users and respective third parties without the provider acting as a representative, fulfillment aid or service provider of the third parties. The provider does not guarantee the services and products of the third-party providers and is not liable for the disadvantages resulting from the contracts between users and third parties.
3.3. The contractual terms and conditions of this third-party supplier shall apply.
Maintenance of address and contact data
4.1. Users ensure that all data transmitted to them is true and that all data and content submitted are legally permissible and free of third party rights. Users are not allowed to act as other people or companies or to mislead their identity.
4.2. The address and contact data of the users must always be kept up to date. Disadvantages which arise for users due to incorrect information are at their expense. Disadvantages which arise due to incorrect information for the provider are at the expense of the user, if the incorrect data are within their area of responsibility.
4.3. It is the responsibility of the users to take the utmost care when using their access data and to take any measures which ensure the confidential, secure handling of the data and prevent their disclosure to third parties. Users are responsible for misuse of access data if they can not demonstrate and demonstrate that they were not based on their fault. Users are obliged to notify the provider immediately if there is reason to suspect that a third party has knowledge of access data and / or misuses a user account.
4.4. In case of incomplete registration, the provider is entitled to delete the user account within one week.
Obligations of users
5.1. Users ensure that content, in particular ratings, self-presentations and inquiries, correspond to the truth, are legally permissible and free of third-party rights.
5.2. In particular, the following contents are prohibited: postponing (stalking), threats, insults and asserting false facts; Content which may affect or endanger children or young people in their development or education; Content that violates third-party copyrights, trademarks, competition and data protection rights; Racist, xenophobic, pornographic, pornographic, human-degrading, and immoral content; Contents that can affect the health of persons; Chain letters, mass messages with or without advertising content (spamming); Links to websites with these contents; Competitions, raffles or similar promotions; Publication of private data (eg email addresses);
5.3. The provider has the right to remove content that is not related to the topic, which does not relate, in particular, to the specific subject area of a service (for example, political or religious topics in a game offer).
5.4. Should the users create content that entails marking or information requirements (eg the obligation to make a non-personal offer), the users are obliged to fulfill the relevant labeling and information requirements.
5.5. If users are able to directly contact and invite other users directly, this contact and invitation opportunity may not be used for advertising purposes or would otherwise bother the contacted users (for example, not to be contacted by repeated requests in the event of a lack of response or expressed desire). The provider reserves the right to restrict the function in general and in individual cases, should users feel bothered.
5.6. The provider reserves the right not to publish or to revoke its content if there are concrete indications that the content violates legal requirements, official prohibitions, third-party rights or good morals. The provider is, however, not obliged to check the contents in advance.
5.7. The provider reserves the right to restrict or prohibit the use of affiliate and other similar advertising links in the number or function.
Responsibility for content and information
6.1. The provider is not responsible for the content posted and sent by the users and does not adopt these contents as their own. The provider is also not responsible for the content linked to it and does not adopt it as its own.
6.2. The provider points out that the content made available within the service does not claim the correctness, completeness, legal permissibility and freedom of third-party rights. Contents such as horoscopes, quizzes, tests are only to be understood as non-binding fun content and are provided only for entertainment purposes. Therefore, there is no guarantee for the correctness and / or correctness and / or completeness and / or usability of these contents and / or information and / or advice and / or results. The content such as, in particular, IQ and knowledge tests as well as all other tests and quizzes as well as horoscopes are non-scientific fun contents and can never be a medical diagnosis, Scientific test methods or professional advice. They are to be understood as non-binding information, recommendations and statements. In particular, no guarantee is given that the contents of the service in any country in which they are retrievably usable. This limitation is due to the global idea of the Internet.
6.3. The user, but the respective user, is not responsible for user comments, comments or evaluations.
6.4. Users and other rights holders may object to the content of the content, including the content and the criticized criteria, as well as request their correction or deletion. The supplier may forward the complaint to the respective content-responsible user and request it to comment within a reasonable period. The publication of a content that has been reported as unreasonable may be revoked until the check is complete.
7.2. When selecting the sanction to be imposed, the provider will include the legitimate interests of the affected user in the decision and, inter alia, take into account whether there is a fault which has not been blamed or the fault has been committed culpably. The following graded sanctions shall be available to the provider: a) partial and complete deletion of the contents of a user b) warning of a user c) restriction of use of applications c) temporary blocking of a user d) Termination of a user, possibly connected with a house ban.
Granting of usage rights
8.1. Users freely, objectively and locally, freely, reproduce, distribute, publicly access, edit (eg to translate, as the basis of other works) the content of the contents, which they provide to the provider within the scope of the service ), As well as to transfer these rights to third parties, such as technical service providers or other users (eg in connection with embedding or processing user-generated content).
8.2. The granting is granted without restriction until the user is revoked. The granting of the aforementioned rights is intended solely for the operation and provision of the service as well as for its presentation and presentation, eg as an indication of its operation and examples of the type of use
9.1. The provider points out that the users may use the online offer only for the individual contractual purposes. It is not permissible to transfer the goods to third parties free of charge or free of charge.
9.2. Users are allowed to use the provider’s service only via the provided input masks and interfaces.
9.3. Prohibited are acts which are suitable to impair the functionality of the offerer’s, the software and the infrastructure (eg scripts, robots, crawlers). In particular, an excessive load is prohibited, expected over the regular, in normal use of services and interfaces use intensity and frequency is (eg software that permanently unnecessary due to technical problems of hits generated).
10.1. Insofar as the provider is used for unauthorized content or other legal violations which are the user’s responsibility, the user releases the provider on first request and supports the provider in the defense of the claims.
10.2. The exemption covers the necessary legal costs.
Remuneration and invoice
11.1. The provisions of this section apply if a contract is concluded between the user and the provider regarding paid services. If the purchase process and payment processing are carried out via a third supplier (eg Facebook, Apple iTunes or Google Play), the terms of the contract apply and the regulations in this section apply.
11.2. The remuneration is due at the beginning of the payment interval chosen at the time the contract is concluded. The remuneration is gross, including statutory value-added tax.
11.3. The provider reserves the right to change the amount of the remuneration at any time. The amendment will only take place at the beginning of the following contractual period for current contracts.
11.4. The user can pay the remuneration by means of the payment options offered by the provider.
11.5. The deadline for sending pre-notification by the provider to the user under the SEPA direct debiting system is two days.
11.6. The invoices are made available to the user electronically.
11.7. If an invoice can not be collected, the user bears all the costs resulting from this. This includes in particular bank fees in connection with the return of direct debits and comparable fees, to the extent that the user is responsible for the event causing the costs. The provider may provide the user with electronic means of payment reminders.
11.8. If the user is in arrears with payments, the provider has the right to refuse the fulfillment of due services against the user and to block access to the user account until the delay is eliminated. In such cases, the Provider shall notify the User of the blocking with a pre-set deadline of at least 10 working days to remedy the delay. The other statutory and contractual rights of the provider due to default of payment of the user remain unaffected. In the case of users who are consumers, the payment arrears may not only be immaterial and the blocking must be reasonable for the user.
11.9. In the case of default of payment, the Provider may charge interest on arrears at a legal rate (5% above the base rate). The assertion of a higher damage caused by default remains reserved.
10.11. A set-off is only possible with claims already recognized by the other contractual party or judicially established, unless it concerns main performance and deficiency claims. A right of retention can only be claimed for claims from the respective contract.
Special provisions for publishing
12.1. The following provisions (hereinafter referred to as the “Publishing Terms”) shall apply in addition to the GTC for publishing. If the publishing general terms and conditions are contrary to the general terms and conditions, they are subject to the general terms and conditions.
12.2. The provider grants the publishers the simple, non-exclusive and non-transferable right to publish publishing objects that the provider provides to publishers for these purposes. Publishers assure that they will only use the Publishing Objects within the Publishing Surfaces according to the Publishing Terms. If the Publisher does not grant any rights to the publishing process, the publisher reserves the right to do so. This applies in particular to the rights to the data collected in connection with the Publishing Objects.
12.3. All publishing objects must be clearly identifiable as such. The markings, logos, names, or other notices and marks contained in the publishing objects, or the markings contained therein, must not be removed. The publisher may make use of the Publisher objects by the publisher, as well as use the publisher’s flag in this context.
12.4. Unless otherwise specified, the publisher and the provider will be paid free of charge.
12.5. The publisher agrees that the publishing objects include promotional content (“publishing content” below) and the publisher may supplement the publishing objects with publishing advertising content or otherwise use it for advertising and marketing purposes. The publisher may not add to the publishing objects its own advertising content, especially in a manner that obscures or otherwise obstructs the publishing objects or publishing advertising content.
12.6. The publisher is to provide on the publishing surfaces data protection notices, which correspond to the legal requirements, these GTC and publishing GTC as well as the privacy rules of the provider. Otherwise, the aforementioned regulations of the supplier shall prevail. The publisher may refer to the data protection rules of the provider in his data protection instructions via link.
12.7. The publisher shall not modify, remove, block or otherwise obscure the content of any advertising content, terms and conditions, and the publishing terms and conditions, as well as the privacy policies of the provider or third parties, insofar as they are incorporated into the publishing objects.
12.8. The Publisher agrees to: (a) decompile, reverse engineer, reverse engineer, modify, adapt, translate, sell, or otherwise sell the Publishing Objects or Publishing Advertising Content Other rights to them; (B) use the Publishing Objects or Publishing Advertising Content in a manner that is contrary to the terms of these Terms and Conditions for Content; (C) to use procedures which lead to a distortion of advertising revenues or statistical values concerned, including, in particular, the automatic forwarding of the visitors, the user being encouraged to click advertising content with the help of incentives, eg financial or other forms, blind texts, misleading links or enforced links Clicks.
12.9. The publisher agrees that the provider has the right (but not the obligation) to comply with these terms and conditions in a form chosen by the provider.
10.12. The publisher may terminate the use of the publishing objects at any time. The provider may at all times discontinue or suspend the display or use of the publishing objects in whole or in part. Upon termination of the use of the Publishing Objects, all rights granted by the Provider to the Publisher will expire.
13.1. Cancellation of the contract is possible at any time for free offers.
13.2. In the case of paid ongoing services, the contract term is determined by the chosen payment interval. Unless otherwise agreed upon, such a contract shall automatically be extended by the same period after expiry of the term of the contract, provided that the contract has not previously been terminated with a notice period of seven days. Termination or downgrade before the expiration of a payment interval does not entitle the reimbursement of the prepaid remuneration.
13.3. Users may object to their consent to receive e-mail and messages in the service.
13.4. If the user is using a function or a platform version of the service (eg the Facebook application, but not the mobile application), this does not mean the termination of the entire service. The users can declare the termination of the entire service by message to the provider and if applicable to the respective service, by using cancellation or account deletion options, as well as by clicking on canceling or canceling link, eg in the e-mails of the service.
13.5. Extraordinary termination in the event of an important reason remains reserved to both parties. An extraordinary termination is permissible, in particular, if the user is defaulted with his payment obligations over a period of two months. If necessary, the extraordinary termination shall be preceded by a warning of the disputed behavior.
13.6. A termination of the services of the provider does not lead to the extinction of other rights and claims arising from the use of the law or these terms and conditions by the provider, including, in particular, any claims for compensation or damages.
13.7. Upon termination, the provider is entitled to delete user profiles and user data. It is up to the users to secure their data before the contract has been terminated. Alone contributions as well as comments, their contents and similar contents remain for consideration of other users within the service, if necessary, eg for discussions, advice or similar. Do not lose their meaning or turn back. These contents can be removed individually on request.
14 power changes
14.1. The scope of the services offered by the provider and its design are determined by the current technical status of the service and the service description at the time of conclusion of the contract.
14.2. The provider reserves the right to change the services or offer different services as far as this is reasonable for the user and a) to the benefit of the user; (B) where the purpose of the amendment is to ensure the consistency of the service with the applicable law, in particular where the current legal situation changes; (B) where the amendment serves the provider to comply with mandatory judicial or administrative decisions; (C) where the relevant amendment is necessary to close existing security gaps; E) if the change is of a purely technical or procedural nature without any significant impact on the user. Changes with only insignificant influence on previous functions do not constitute any changes in performance in this sense.
14.3. If, as a result of the change in the functional scope, the contractual use of the service by the user is not only insignificantly impaired, this has, if applicable, a right to charge adjustment or termination.
15.1. Users recognize that a 100% availability of the service is not technically feasible. However, the provider endeavors to keep the service as constantly available as possible.
15.2. The provider can not guarantee the accessibility of the service in times when it is due to technical or other problems which are not within the sphere of influence of the provider (force majeure, third party fault, necessary maintenance, disruption of the IT infrastructure or Internet access, etc .), Can not be achieved. If the security of the network operation or the maintenance of network integrity is jeopardized by reasons which are not within the scope of the provider, the provider may temporarily restrict access to the service as required.
15.3. Foreseeable foreseeable failures due to maintenance work must be notified in advance to the user in due time. Claims can not be derived in this respect.
16.1. The supplier is liable for damages in case of intent and gross negligence.
16.2. In the case of simple negligence on the part of the supplier only for damages resulting from injury to life, body or health as well as for damages resulting from a breach of a fundamental contractual obligation (obligation whose fulfillment the proper implementation of the contract is only possible and In which case the liability of the Supplier is limited to the replacement of the foreseeable, typically occurring damage.
16.3. The provider is not liable for loss of profit.
16.4. These limitations on liability do not apply insofar as the supplier maliciously concealed a defect or has ensured his absence. The limitations on liability also do not apply to claims under the Product Liability Act.
16.5. To the extent that the liability of a party is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of this party.
17 Confidentiality and Privacy
17.1. The protection of user data has been the most important priority for the provider, as well as disclosure of the user data to third parties, as far as is legally possible.
17.2. The contracting parties undertake to treat all confidential information which is known to them in the execution of this contract in a confidential manner and to use it only for contractual purposes in accordance with the data protection regulations.
17.3. The rights and obligations under this section on secrecy shall not be affected by any termination of this Agreement.
18 Change of terms and conditions
18.1. The provider reserves the right to change the GTC at any time with effect for the future, unless this is not reasonable for the users. The amendment shall only take place if the following material reasons apply: a) if the amendment serves to establish the conformity of the GTC with the applicable law, in particular if the current legal situation changes; (B) where the amendment serves the provider to comply with mandatory judicial or administrative decisions; C) if completely new services of the supplier, or performance elements as well as technical or organizational processes of the provider require a description in the AGB and from this the existing contract relationship with the user is not affected at its expense; D) if the change is merely beneficial to the users.
18.2. The provider will notify the user in good time of any changes to the Terms and Conditions.
18.3. If the User does not object to the validity of the new General Terms and Conditions within four weeks after the notification, the amended GTC shall be deemed accepted by the User. The provider shall inform the user in the notification of his right of objection and the importance of the period of opposition.
19 Terms and Conditions of Facebook
19.1. The following provisions apply if the service is running within Facebook.
19.2. In addition to these terms and conditions, the relationship between the provider, the users and Facebook is governed by the terms of participation https://www.facebook.com/legal/terms and the privacy rules of Facebook: https://www.facebook.com/about/privacy / .
19.3. The user can not make any claims against Facebook that arise in connection with the use of the service.
19.4. Participants acknowledge that the service is not sponsored, endorsed, or organized in any way by Facebook.
19.5. All information and data communicated or collected by the users within the framework of the service are provided only to the provider and not to Facebook.
20 Notes and terms of Apple and Google
When purchasing the service as an application via Apple iTunes as well as Google Play, the respective terms and conditions of data protection of the respective providers apply. If they contradict these General Terms and Conditions, they shall comply with these General Terms and Conditions.
21 Applicable law, fulfillment and court of jurisdiction, assignability
21.1. All rights and obligations of the Provider under this Agreement shall be freely assignable by him in connection with a merger, an acquisition, the sale of assets or by law, or otherwise, provided that no compulsory consumer or data protection regulations are complied with.
21.2. For users who are entrepreneurs, the place of performance is the provider’s place of business.
21.3. Jurisdiction is the domicile of the supplier, if the user is a merchant or a legal person of public law.
21.4. For users who are entrepreneurs, the law of the Federal Republic of Germany applies.
22 Indicate to the provider and contact
22.1. Provider of the service is the Metrodove