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TermsGeneral terms and conditions of business for the use of flatjump describe the contractual services and/or flatjump GmbH
Preamble
Application as a flatjump user implies the acceptance of the following General Terms and Conditions of Business for the use of flatjump (hereinafter called the "GTC").
Flatjump operates websites on which flatjump provides flatjump services, hereinafter called "flatjump websites".
These GTC regulate the contractual relationship between the user and flatjump, regardless of the flatjump website on which the user is registered or has logged in.
The user concludes the contract on the use of flatjump services with flatjump GmbH, Geibelstrasse 46 A, 22303 Hamburg. Other contact data, commercial register data and the name of a person entitled to represent flatjump GmbH can be found on the contact page.
The user can find and call up these GTC under the GTC link at any time, even after concluding the contract.
1. Subject Matter
1.1 flatjump websites offer registered users gratuitous contact platforms for a free social network.
1.2 Any use of the services and contents offered on the flatjump websites, with the exception of the opportunities provided by flatjump, is subject to the prior written consent of flatjump.
1.3 flatjump does not accept any liability for the data and/or information posted on the flatjump websites by the user. If the data and/or information posted by the user violate any statutory provisions or these GTC, flatjump is entitled to remove the contents from the flatjump websites without prior notice.
1.4 The user acknowledges that it is technically impossible to guarantee 100% availability of the flatjump websites. Flatjump nevertheless strives to ensure that flatjump websites are permanently available. More especially, maintenance, safety or capacity requirements, as well as events beyond the control of flatjump (e.g. faults in public communication networks, power cuts etc.) may lead to brief disruptions or temporary breakdowns in the services on flatjump websites.
1.5 flatjump merely offers the user a platform in order to put the user into contact with other users. For this purpose technical applications are provided which enable the users to contact each other. flatjump does not participate in the communication between the users. In so far as users conclude contracts with other users via flatjump websites or organise meetings, flatjump is not involved in such and is not a contractual party. flatjump herewith expressly points out the safety risks involved in arranging meetings with users.
The users bear sole responsibility for settling and fulfilling arrangements, contacts, meetings and contracts which have been agreed between users. flatjump accepts no liability if a meeting arranged with a contact through the flatjump websites does not take place, or if any harm is suffered as a result of such a contact. Further, flatjump does not accept any liability for any breaches of obligations on the part of the users in connection with any arrangements, contracts or agreements made between users.
2. Registration, Promises upon Registration
2.1 The user must register before availing him/herself of the services of the flatjump websites.
2.2 The user promises that all the data provided by him/her on registration are true. The user is obliged to notify flatjump immediately of any changes in the user data.
2.3 The user promises that he/she is of legal capacity, or that he/she is acting with the consent of his/her legal representative.
2.4 The user receives a password on registration. He/she is obliged to keep the password secret. At no time will flatjump ask the user for the password, except when logging in to the flatjump start page.
2.5 On completing the registration process, the user agrees to enter into a contract on the use of the services provided on the flatjump websites. flatjump agrees to this contract by activating the user's account for the services of the flatjump websites. By virtue of this mutual agreement, the contract comes into effect between the user and flatjump.
2.6 For technical reasons flatjump cannot be entirely sure that the user registered on the flatjump websites is actually the person who claims to be the user. flatjump therefore does not give any guarantee with respect to the actual identity of the user. Each user must therefore decide for him/herself whether the identity of the user is genuine.
3. Obligations of the User
3.1.1 The user shall assure him/herself that the public reproduction of any photographs, videos or reports that he/she enters on the flatjump websites is lawful. The photographs and videos used by the user may not contain any corporate logos. Photographs and videos of flatjump employees are not exempted from this provision.
3.1.2 When using the content and services provided on the flatjump websites, all pertinent laws and third party rights must be observed. More especially, it is forbidden for the user to use insulting or slanderous contents, regardless of whether this content concerns other users, flatjump employees or other persons or companies; to use right-wing extremist, racist or pornographic content or content that violates the German Youth Protection Act; to advertise, offer or sell pornographic content or content that violates the German Youth Protection Act; to molest other users in an unacceptable fashion (especially through Spam) (cf. §7 German Act against Unfair Competition UWG); to use without authorisation content protected by law (e.g. by copyright law, trademark law, patent law or industrial design rights); to advertise, offer or sell goods or services that are protected by law as well as to engage in or promote any unfair practices, including progressive customer solicitation (e.g. chain, snowball or pyramid systems).
3.1.3 The following acts of harassment are forbidden, even if they do not violate any specific law:
Sending chain letters, carrying out, advertising or promoting structural distribution measures (such as multi-level marketing or multi-level-network-marketing) or salacious or sexually motivated communication (explicit or implicit).
3.2 The user is forbidden to:
Use mechanisms, software or scripts in connection with the use of flatjump websites. However, the user may use the interfaces or software that are provided by flatjump within the scope of the services offered on the flatjump websites.
Block, write over, modify or copy, provided this is not necessary in order to be able to use the services of flatjump websites properly. Copying using robot/crawler search engine technology, for example, is not necessary in order to be able to use the services of flatjump websites properly and is therefore expressly forbidden.
Distribute and pass on for public use any content from flatjump websites or other users or any other action that may impair the functioning of the flatjump infrastructure, especially such action that may put unreasonable strain on the system.
Flatjump users are forbidden to copy any information from flatjump websites and publish such information elsewhere, unless flatjump has expressly allowed such.
The user is obliged to read flatjump's GTC and data protection provisions regularly.
In the event of any amendments to these GTC or data protection provisions, the user shall be free to retain his/her account with us and thus to continue to accept the GTC and data protection provisions or to close his/her flatjump account.
4. Changes to services offered on the flatjump websites
flatjump reserves the right to change the services offered on the flatjump websites or to offer deviating services.
5. Termination
5.1 flatjump reserves the right to terminate the contract without justification.
5.2 Irrespective of a termination, flatjump is entitled to impose the following sanctions on the user:
Delete all or individual contents which the user may have posted, Issue a warning or block access to the services of the flatjump websites.
6. Responsibility for Content, Data and/or Other Information provided by the User
6.1 flatjump does not accept any responsibility for the content, data and/or information posted on the flatjump websites by the users, or for the content of any links to external websites. More especially flatjump does not offer any guarantee for the truth of such content or that they fulfil or may serve a particular purpose.
6.2 If a user notices that the flatjump websites are being used in breach of the law or these GTC, he/she is obliged to inform flatjump of this by e-mail.
7. Liability of flatjump
No claims for damages, for whatever legal reason, may be asserted against flatjump (or their vicarious agents).
8. Release
8.1 The user releases flatjump from all claims, including claims for damages, which other users or third parties may assert against flatjump due to a violation of their rights resulting from contents posted on the flatjump websites by the user.
Furthermore the user releases flatjump from all claims, including claims for damages, which other users or third parties may assert against flatjump due to a violation of their rights resulting from the use of services of flatjump websites by the user.
The user shall bear all reasonable costs incurred in connection with a violation of third party rights, including reasonable costs of legal defence. All further rights as well as claims for damages by flatjump remain unaffected.
The afore-mentioned rights of the user do not apply if the user is not responsible for the violation of the right.
8.2 If third party rights are violated by the contents of the user, flatjump may demand that the user either grants flatjump the rights to use the content at the expense of the user, or that the contents are provided free of trademark rights. If third party rights are violated as a result of the use of the services of flatjump websites by the user, then the user will immediately cease to use the services in breach of the law or these GTC, upon request by flatjump.
9. Data protection
See Data Protection
10. Right of Withdrawal for Consumers
Right of Withdrawal
The user may cancel membership at any time. The user may delete his/her account at any time by selecting "Delete Account" in the FAQs on his profile and deleting the account.
11. Final Provisions
11.1 No ancillary agreements have been made.
11.2 flatjump reserves the right to changes these GTC at any time without stating reasons.
11.4 If any provision in these GTC shall be or become invalid, the remaining provisions shall retain their validity. The parties agree to replace the invalid provision by a valid provision that corresponds as closely as possible to the economic sense and purpose of the invalid provision. The same applies accordingly to omissions in the GTC.
11.5 Place of performance is the location of the registered offices of flatjump GmbH.
11.6 Place of jurisdiction is the court having competence for the registered offices of flatjump GmbH (in so far as legally permissible).
11.7 These GTC shall be governed by German law, with the exception of the conflict of law in international private law and the United Nations Convention on Contracts for the International Sale of Goods.
12. Google Analytics
flatjump uses Google Analytics, a web analytics service provided by Google, Inc. ("Google").
Google Analytics uses cookies which are text files stored on your computer to help analyse your use of the website.
The information generated by the cookie about your use of this website (including your IP address) will be transmitted to a Google server in the USA and stored there.
Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activities for website operators and providing other services relating to website activity and internet usage.
Google may also transfer this information to third parties where this is required by law or insofar as third parties process this data on behalf of Google. Google will never associate your IP address with any other data held by Google.
You may refuse the installation of cookies by selecting the appropriate settings on your browser; however please note that if you do so you may not be able to use the full functionality of this website.
By using this website you consent to the processing by Google of data relating to you in the manner and for the purposes mentioned above.
As a user of this website you hereby acknowledge that the operator of this website, their vicarious agents, their representatives, associated companies, chief executives, managerial staff, employees and their shareholders accept no liability in connection with the obtaining, transmission, processing and analysis of the above-mentioned data for which reason no claims for compensation can be asserted against these natural persons and legal entities.
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