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General Terms & Conditions for using SIXCONTACTS.COM
"Sixcontacts”
refers to the service provided subject to these General Terms and Conditions
1. Subject
Matter
2. Registration,
and Warrants and Representations at Registration
3. Obligations
of the User
4. Changes
to the Services on SIXCONTACTS sites
5. Termination
of the agreement, Reimbursement of Advance Payments
6. Responsibility
for the User’s Content
7. Customer
Service/Support
8. Liability
of Flaveo Inc
9. Indemnity
10. Data
Protection
11. Rights
to Page Contents
12. Final
Clauses
Preamble
By logging on to SIXCONTACTS, users accept the following General Terms and Conditions (hereinafter the “GTC”) for using SIXCONTACTS.
SIXCONTACTS operates SIXCONTACTS services under various top-level domains (sixcontacts.com, sixcontacts.net etc.), as well as various sub-domains and aliases of these domains. All Web sites on which SIXCONTACTS provides SIXCONTACTS services are hereinafter referred to as “SIXCONTACTS Web sites.”
These GTC shall govern the contract relationship between the User and SIXCONTACTS, irrespective of which SIXCONTACTS web site the User is registered with or logged on to.
The User enters
into this agreement on the use of SIXCONTACTS services with Flaveo Inc.
The services provided by SIXCONTACTS are intended exclusively for persons who are thirteen (13) years of age or older.
The User can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all SIXCONTACTS Web sites.
1. Subject Matter
1.1 The SIXCONTACTS Web sites offer registered users a free membership to a contact network.
1.2 Any use of the services and contents offered on the SIXCONTACTS Web sites beyond the scope of options provided by SIXCONTACTS requires the prior written consent of SIXCONTACTS.
1.3 SIXCONTACTS 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 GTC. SIXCONTACTS is entitled to remove any illegal or prohibited data and/or information from SIXCONTACTS Web sites without prior notice to the User.
1.4 The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the SIXCONTACTS Web sites. SIXCONTACTS shall nonetheless endeavor to keep SIXCONTACTS Web sites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond SIXCONTACTS’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 SIXCONTACTS Web sites.
1.5 SIXCONTACTS 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, SIXCONTACTS does not take part in any communication between users. If users enter into agreements with one another over SIXCONTACTS Web sites, SIXCONTACTS shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. SIXCONTACTS shall not be held liable if users are unable to contact one another over SIXCONTACTS Web sites regarding such agreements. Furthermore, SIXCONTACTS shall not be liable for breaches of duty in relation to agreements entered into between users.
2. Registration, and Representations and Warranties upon Registration
2.1 Users must register prior to using any of the services on the SIXCONTACTS Web sites.
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 SIXCONTACTS without undue delay.
The User shall not use pseudonyms or pen names.
2.3 The User warrants and represents that he or she is at least thirteen (13) years of age or older.
2.4 The User shall choose a password upon registration. The User is obliged to keep this password secret. SIXCONTACTS shall not disclose the password to any third party and SIXCONTACTS shall not ask for the User's password at any time.
2.5 By completing the registration process, the User consents to enter the agreement to use the services of the SIXCONTACTS Web sites. SIXCONTACTS accepts this offer by activating the membership for the use of services on SIXCONTACTS Web sites. The agreement takes effect with the aforementioned acceptance by SIXCONTACTS.
2.6 Each User is entitled to register with SIXCONTACTS only once, and the User may only establish one (1) user profile.
2.7 It is technically impossible for SIXCONTACTS to determine with certainty whether any user registered with SIXCONTACTS is in fact the person he or she represents to be. Therefore, SIXCONTACTS 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, and to refrain from using any pseudonyms or pen names.
3.1.2 To post on the SIXCONTACTS Web sites only photographs of the User, which are not more than four (4) years old and in which the User can be clearly and plainly recognized. The User warrants and represents that the public display of the photographs delivered by the User to the SIXCONTACTS Web sites is not prohibited. The User shall not upload any photographs or images of any other person than of the User, or of non-existent persons or other beings (such as animals, imaginary creatures, etc.). The photographs delivered by the User shall not contain any company logos. The exception, in this case are photos of Flaveo Inc. employees.
3.1.3 To comply with all applicable legislation, and respect all third-party rights. In Particular, the User shall not
Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or SIXCONTACTS personnel or other companies
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
Unreasonably annoy (particularly with spam) any other user
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.
Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
3.1.4 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
Sending identical private messages to more than one (1) user at the same time
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 SIXCONTACTS Web sites. However, the User may use the interfaces or software provided by SIXCONTACTS within the scope of the services available on the SIXCONTACTS Web sites.
Blocking, overwriting, modifying and copying of any contents of the SIXCONTACTS Web sites, unless said actions are necessary for the proper use of the services on the SIXCONTACTS Web sites.
Distributing or publicly disclosing the contents of any of the Web sites of SIXCONTACTS or any other user
Performing any actions, which may impair the operability of SIXCONTACTS 's infrastructure, particularly actions, which may overload said infrastructure.
4. Changes to the Services on SIXCONTACTS Web sites
SIXCONTACTS reserves the right to modify the services offered on the SIXCONTACTS Web sites 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, Reimbursement of Advance Payments
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 SIXCONTACTS Web sites at any time. The termination notice shall include the User’s registered name and an email address of the User registered on one of the SIXCONTACTS Web sites.
5.2 A good cause is defined as an event which makes it unacceptable for SIXCONTACTS 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 SIXCONTACTS 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
If the reputation of the services offered on the SIXCONTACTS Web sites 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 SIXCONTACTS 's right to terminate the contract in accordance with section 5.2, SIXCONTACTS is entitled to:
Delete the contents posted by the User and delete the User’s account
Issue a warning, or
Block the User's access to the services on the SIXCONTACTS Web sites.
6. Responsibility for the User’s Content, Data or other Information
6.1 SIXCONTACTS does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the SIXCONTACTS Web sites or on any external websites linked to them. In particular, SIXCONTACTS 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 any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) using the “contact form” available at all SIXCONTACTS Web sites.
6.3 Because SIXCONTACTS has no control over such sites and resources, you acknowledge and agree that SIXCONTACTS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SIXCONTACTS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
7. Customer Service/Support
Queries regarding agreement with SIXCONTACTS or regarding SIXCONTACTS services can be sent by the customer to SIXCONTACTS using the “contact form” available at all times on all SIXCONTACTS Web sites.
8. Liability of SIXCONTACTS
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against SIXCONTACTS (including its vicarious agents) shall exist only if SIXCONTACTS breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims are limited to typical and foreseeable damages.
9. Indemnity
9.1 The User shall indemnify and exempt SIXCONTACTS from all actions, including damage claims, asserted by other users or third parties against SIXCONTACTS resulting from an infringement of their rights by the contents posted by the User on SIXCONTACTS Web sites. Furthermore, the User shall indemnify and exempt SIXCONTACTS from all actions, including damage claims, asserted by other users or third parties against SIXCONTACTS resulting from an infringement of their rights regarding the use of the services on SIXCONTACTS Web sites by the User. The User assumes all reasonable costs SIXCONTACTS incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by SIXCONTACTS, are hereby unaffected.
The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.
9.2 In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at SIXCONTACTS '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 SIXCONTACTS Web sites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by SIXCONTACTS.
10. Data Protection
SIXCONTACTS recognizes that any data provided by the User to SIXCONTACTS is extremely important to the User, and SIXCONTACTS shall therefore be particularly sensitive in handling such data. SIXCONTACTS shall comply with all applicable legal provisions regarding data protection. In particular, SIXCONTACTS shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on SIXCONTACTS 's treatment of the User's data are set forth in the “Privacy Policy” of SIXCONTACTS accessible from each of the SIXCONTACTS Web sites.
11. Right to Contents
When the User posts his or her contribution to a forum, the User grants SIXCONTACTS an unlimited, irrevocable and assignable right of use for the respective contribution, which SIXCONTACTS is entitled to utilize for any purpose. In particular, SIXCONTACTS is entitled to keep said contribution on the forum, and on its Web sites and the Web sites of its partners, or use it for marketing the forum in any other way.
Consequently, SIXCONTACTS has a right of use over all contributions to discussion forums it operates. Duplication or the use of these contributions or their contents in other electronic or printed publications is prohibited without the express written consent of SIXCONTACTS. Copying, downloading, dissemination, distribution and storing of the contents of SIXCONTACTS and/or third parties, with the exception of the cache memory when searching for forum pages, is prohibited without its express consent.
12. Final Provisions
12.1 These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.
12.2 SIXCONTACTS reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. SIXCONTACTS 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. SIXCONTACTS shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
12.3 Unless otherwise stated in these GTC, the User may submit all notices to SIXCONTACTS using the “contact form” provided on each of the SIXCONTACTS Web sites. SIXCONTACTS may send notices to the User by email to the addresses given in the User’s current contact data in his or her user account.
12.4 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. This also applies to contractual loopholes.
12.5 The place of performance under these GTC shall be Flaveo Inc.'s main place of business.
12.6Place of jurisdiction, insofar as legally admissible, shall be the main place of business of the Flaveo Inc.
13. Trademarks
SIXCONTACTS and other SIXCONTACTS graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks. SIXCONTACTS 's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the SIXCONTACTS icon pack may used by partner and third party sites in connection with and links to the SIXCONTACTS site.
