TERMS & CONDITIONS
Preface
1. Subject Matter
2. Registration and Warranties upon Registration
3. Obligations of the User
4. Changes in the Services on capital eritrea Website
5. Termination of Membership
6. Responsibility for Data and/or Information provided by the User
7. Restriction of Liability
8. Indemnification
9. Data Protection
10. Final Provisions
General Terms and Conditions for the Use of capital eritrea
Preamble
Upon registration as a user of capital eritrea the user (hereinafter referred to as the "User") acknowledges and agrees that these General Terms and Conditions (hereinafter referred to as the "GTC") shall be binding to the contractual relationship between the User and capital eritrea.
capital eritrea operates the services of capital eritrea on the Internet under capital eritrea.com.
capital eritrea offers the services of capital eritrea exclusively to natural persons of legal age whose professional status is either self-employed or freelancer.
1. Subject Matter
1.1. The capital eritrea Website offers a private contact forum free of charge.
1.2. Any use of the service and/or content offered on the capital eritrea Website in excess of the scope of use as provided by capital eritrea is inadmissible without the prior written consent of capital eritrea.
1.3. capital eritrea shall make available all data and/or information provided by the User, unless said data and/or information breaches (i) any applicable law or statute or (ii) any of the terms and conditions of these GTC. capital eritrea is entitled to remove any data and/or information not in compliance with the foregoing provision without giving prior notice to the User.
1.4. The User acknowledges and agrees that it is technologically impossible to achieve a 100 %-availability of the capital eritrea Website. capital eritrea shall strive to constantly provide the capital eritrea Website to the extent possible. Events such as for example maintenance works, safety or capacity requirements, and/or events beyond capital eritrea's reasonable sphere of control (e.g. disruptions in public communication networks, power failures etc.), may result in short disturbances or in temporary interruptions of the services provided on the capital eritrea Website.
1.5. capital eritrea offers capital eritrea's Internet platform solely with the intent to bring the User together with other users, and capital eritrea merely provides technological applications allowing the User to contact other users. In no event shall capital eritrea participate in any communication among the User with other users. If the User enters into agreements with other users via the capital eritrea Website, capital eritrea shall not be a contracting party to these agreements, and in no event shall capital eritrea be responsible for the execution and/or fulfillment of contracts between the User and any other user. capital eritrea does not warrant nor represent that the User may successfully establish the contact to any other user regarding any agreements made via the capital eritrea Website. Further, capital eritrea shall not be liable to any user for a breach of duties under these agreements.
2. Representations and Warranties upon Registration
2.1. The User must register prior to using any of the services on the capital eritrea Website.
2.2. The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to capital eritrea without undue delay.
It is inadmissible for the User to use pseudonyms or pen names.
2.3. The User warrants and represents,
- that the User is of legal age at the time of registration,
- that the User's professional status is either self-employed or freelancer
- that the User uses the capital eritrea Website exclusively in the User's commercial activities.
2.4. The User shall select a password upon registration. The User is obliged to keep the password secret. capital eritrea shall not disclose the password to any third party and capital eritrea shall not request the User's password at any time.
2.5. The User is entitled to register with the capital eritrea only once, and the User may only establish one (1) user profile.
2.6. It is technologically impossible for capital eritrea to determine with certainty whether any user registered with capital eritrea is in fact the person which such user represents to be. capital eritrea does not warrant nor represent the correctness of any user's represented identity, and each user is solely responsible to check the correctness of the identity of any other user.
3. Obligations of the User
3.1. The User is obliged
3.1.1. to provide true and non-misleading statements in the User's profile and in the User's communication with other users, and to refrain from using any pseudonyms or pen names.
3.1.2. to transmit to the capital eritrea Website only photographs of the User which are not older than two (2) years and which clearly and plainly identify the User. The User warrants and represents that the public display of the photographs delivered by the User to the capital eritrea Website is permitted by law. The User shall not transmit any photographs or images of any other person than of the User, nor of non-existent persons or other beings (such as animals, fantasy beings, etc.). The photographs delivered by the User shall not contain any company logos.
3.1.3. to comply, when using the contents and services on the capital eritrea Website, with all applicable laws and statutes, including without limitation all intellectual property rights and any other rights of any third party. In particular, without limitation, the User shall not,
- use any insulting or defamatory contents, regardless of whether said contents addresses any other user or any personnel of capital eritrea or any other companies,
- use any pornographic contents or any contents not in compliance with any applicable laws or statutes for the protection of minors, and the User shall neither advertise nor promote, offer or distribute any pornographic products or products which do not comply with any applicable laws or statutes for the protection of minors,
- unreasonably disturb any other user, in particular by using SPAM (cf. § 7 of the German Unfair Competition Act),
- use any contents protected by law or statute (e.g. by copyright, trademark, patent, utility patent, or design patent laws), without being entitled to do so, nor to advertise, promote, offer or distribute any goods or services protected by law or statute, or
- use or promote any unfair competition commercial practices, including without limitation progressive customer acquisition practices (such as, for example, chain distribution systems, multilevel selling or pyramid sales).
3.1.4. to refrain from undertaking any of the following molesting actions, even if they do not constitute a breach of any applicable laws or statutes:
- Sending chain letters,
- Sending identical private messages to more than one (1) user at the same time,
- Performing, advertising and promoting any form of multi-level marketing, or
- Using any insinuating or sexual communication, neither suggestive nor explicit.
3.2. The following actions are inadmissible to the User:
- Use of any mechanisms, software or scripts in connection with the use of the capital eritrea Website. However, the User may use the interfaces or software provided by capital eritrea within the scope of the services available on the capital eritrea Website.
- Blocking, overwriting, modifying and copying of any contents of the capital eritrea Website, unless said actions are mandatory for the proper use of the services on the capital eritrea Website. For avoidance of doubt and as an example, the use of "Robot/Crawler"-search engine technologies is not mandatory for the proper use and is therefore inadmissible;
- Distributing or publicly displaying the contents of of the website of capital eritrea or any other user,
- Performing any actions which may impair the operability of capital eritrea's infrastructure, including without limitation actions which may unreasonably overload said infrastructure.
4. Changes in the Services on the capital eritrea Website
capital eritrea reserves the right to modify the services offered on the capital eritrea Website and/or to offer different services than the ones offered at the time of the User's registration at any time, to the extent reasonable to the User.
5. Termination of Membership
5.1. The User may terminate the Complementary Membership at any time without cause. The User may deliver notice of termination using the contact form provided under the link "Contact" accessible from each of the capital eritrea Website. The termination notice shall include the registered name of the User and an e-mail address of the User registered on one of the capital eritrea Website.
5.2. capital eritrea may terminate the contract in accordance with the applicable laws and statutes. If capital eritrea terminates the contract for good cause, capital eritrea may do so without any term of notice. A good cause is defined as an event, which makes it unacceptable for capital eritrea to continue the contract until the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of capital eritrea against the User's. A good cause includes without limitation any the following events:
- If the User does not comply with any applicable law or statute,
- If the User breaches a contractual obligation, in particular an obligation set forth in Sections 2 or 3,
- If the reputation of the services offered on the capital eritrea Website is substantially impaired by the online-presence of the User (if, for example, it turns out after the registration of the User that the User had been convicted legally binding of a criminal offense, and if said conviction is known to other users),
- If the User promotes any communities or associations (or any of their methods or activities) under observation by the competent authorities for the public safety or the protection of minors, or
- If the User causes damage to any other user(s).
5.3. In the event of a good cause in accordance with Section 5.2 and notwithstanding capital eritrea's right to terminate the contract in accordance with Section 5.2, capital eritrea is entitled to:
- delete the contents provided by the User,
- issue a warning, or
- block the User's access to the services on the capital eritrea Website.
6. Responsibility for Data and/or Information provided by the User
6.1. capital eritrea does not make any warranties or representations regarding any data and/or information provided or made available by any user on the capital eritrea Website or on any external websites linked to. In particular, without limitation, capital eritrea does not warrant nor represent that said data and/or information is true or accurate, nor that it fulfills or serves any particular purpose(s).
6.2. The User may report any activities of any other user(s) not in compliance with (i) the applicable laws or statutes or (ii) any of the terms and conditions of these GTC using the contact form provided under the link "Contact" accessible from the capital eritrea Website.
7. Restriction of Liability
capital eritrea - including any person engaged in performing any obligation under this contract - shall be liable for damages under any claim based on normal negligence only, if capital eritrea breaches a basic obligation under this contract. In this event, capital eritrea shall not be liable to the User for any amount representing damages in excess of characteristic and foreseeable damages
These restrictions shall not apply to the extent to which damages are covered under capital eritrea's business liability insurance and further provided that the insurance company has effected payment to capital eritrea. capital eritrea agrees to uphold the coverage of this insurance as given at the time of the execution of the contract.
Claims for personal injuries and claims based on the German Product Liability Act shall remain untouched.
8. Indemnification
8.1 The User warrants and represents that any contents, data and/or information in the service of the capital eritrea Website provided by the User is free of any rights of any other user or any third party. The User further warrants and represents that the User complies with the applicable laws and statutes and the terms and conditions of these GTC, when using the capital eritrea Website. The User shall indemnify and hold capital eritrea harmless from and against any and all actions, claims, losses, damages, liabilities, awards, as well as reasonable costs and expenses (including legal fees) resulting from or arising out of any litigation or any breach of the foregoing warranties, or which is based on a claim of an infringement. capital eritrea reserves all further rights and claims for damages.
The User's obligations under this Section 8.1 shall not apply to the extent the relevant infringement is not attributable to the User.
8.2 In the event the contents provided by the User infringes any rights of any third party, the User shall, at its own expense and at capital eritrea's discretion, either provide capital eritrea with the right to use said contents or render said contents free of any infringement. In the event the User breaches any applicable laws or statutes or any of the terms and conditions of these GTC, when using the capital eritrea Website, the User shall refrain from such unlawful or contrary to contract usage without delay, if so requested by capital eritrea.
9. Data Protection
capital eritrea acknowledges and agrees that any data provided by the User to capital eritrea is extremely important to the User and capital eritrea shall therefore be particularly sensitive in dealing with said data. capital eritrea shall adhere to all applicable statutory provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable laws and statutes on data protection). In particular, capital eritrea shall not disclose any personal data of the User to any third party without being entitled to do so. Details on capital eritrea's treatment of the User's data are set forth in the Data Protection Policy of capital eritrea accessible from the capital eritrea Website.
10. Final Provisions
10.1. The contract constitutes the entire and exclusive statements of the agreements between the parties with respect to its subject matter and there are no oral or written representations, understandings or agreements relating to the contract which are not fully expressed in the contract.
10.2. capital eritrea reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. capital eritrea shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. capital eritrea 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 GTC, the User may submit all notices to capital eritrea using the contact form provided under the link "Contact" accessible from the capital eritrea Website, by e-mail. capital eritrea may submit notices to the User by e-mail, facsimile or letter post to the addresses the User has provided as the User's current contact data in the User's user account.
10.4. If any provision of these GTC 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.
10.5. The place of delivery of any obligations and/or performances under these GTC shall be capital eritrea's main place of business.
10.6. To the extent admissible by law or statute, exclusive venue for all legal disputes arising from these GTC and/or the contractual relationship between the parties shall be capital eritrea's main place of business.
10.7. These GTC and the contractual relationship shall be governed exclusively by the applicable laws and statutes of Germany, without regard to its choice of law rules and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
Munich, 06.11.2006
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