General Terms and Conditions for using memoloop
Memoloop (a project of Licennium GmbH, Lindenstr. 20, D-50674 Köln, Germany) refers to the service provided subject to these General Terms and Conditions:
Preamble
By logging on to memoloop, users accept the following General Terms and Conditions for using memoloop.
Licennium GmbH operates memoloop services under various top-level domains (memoloop.com, memoloop.de).
These GTC shall govern the contract relationship between the User and memoloop, irrespective of which memoloop web site the User is registered with or logged on to.
The User enters into this agreement on the use of memoloop services with Licennium GmbH, Lindenstr. 20, D-50674 Köln, Germany. Additional contact information, commercial registry data, as well as the name of the authorized representative of Licennium GmbH can be found under “Imprint”.
The services provided by memoloop are intended exclusively for persons of legal age.
§1 Subject Matter
1.1. memoloop 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, memoloop does not take part in any communication between users. If users enter into agreements with one another over memoloop Web sites, memoloop 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. Memoloop shall not be held liable if users are unable to contact one another over memoloop Web sites regarding such agreements. Furthermore, memoloop 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 memoloop Web sites.
2.2 The User shall choose a password upon registration. The User is obliged to keep this password secret. memoloop shall not disclose the password to any third party and memoloop shall not ask for the User's password at any time.
2.3 By completing the registration process, the User gives agreement to use the services of the memoloop.
§3 Right of cancellation
3.1. The User may cancel registration at any time.
§4 Obligations of the User
4.1 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 memoloop 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 (cf. §7 of the German Unfair Competition Act)
Communicating in any insinuating or sexual way (suggestive or explicit).
4.2 The User is prohibited from the following:
Blocking, overwriting, modifying and copying of any contents of the memoloop Web sites, unless said actions are necessary for the proper use of the services on the memoloop web site. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.
Distributing or publicly disclosing the contents of any of the Web sites of memoloop or any other user
Performing any actions which may impair the operability of memoloop’s infrastructure, particularly actions which may overload said infrastructure.
§5 Termination of Membership, Reimbursement of Advance Payments
5.1 The User may terminate the Free Membership at any time without cause.
5.2 A good cause is defined as an event which makes it unacceptable for memoloop 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 memoloop 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, in particular an obligation set forth in sections 2 and 4 of these GTC
If the reputation of the services offered on the memoloop Web site 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)
If the User is a member of a religious sect or a denomination that is controversial in Germany.
5.3 In the event of a good cause in accordance with section 6.3 and notwithstanding memoloop's right to terminate the contract in accordance with section 6.3, memoloop is entitled to:
Delete the contents posted by the User
Issue a warning, or
Block the User's access to the services on the memoloop Web site.
§6 Responsibility for the User’s Content, Data or other Information
6.1 memoloop does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the memoloop Web site or on any external websites linked to them. In particular, memoloop 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 adn/or any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) using the contact form available at the memoloop Web site.
§7 Customer Service/Support
Queries regarding agreement with memoloop or regarding memoloop services can be sent by the customer to memoloop using the contact form available at all times on the memoloop Web site, or by sending a fax or letter.
§8 Liability of memoloop
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against memoloop (including its vicarious agents) shall exist only if memoloop breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims are limited to typical and foreseeable damages.
This shall not affect personal injury and property damage claims based on the German Product Liability Act.
§9 Indemnity
9.1 The User shall indemnify and exempt memoloop from all actions, including damage claims, asserted by other users or third parties against memoloop resulting from an infringement of their rights by the contents posted by the User on memoloop Web site. Furthermore, the User shall indemnify and exempt memoloop from all actions, including damage claims, asserted by other users or third parties against memoloop resulting from an infringement of their rights regarding the use of the services on memoloop Web site by the User. The User assumes all reasonable costs memoloop incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by memoloop, 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 memoloop’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 memoloop Web site, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by memoloop.
§10 Data Protection
memoloop recognizes that any data provided by the User to memoloop is extremely important to the User, and memoloop shall therefore be particularly sensitive in handling such data. memoloop shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, memoloop shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on memoloop’s treatment of the User's data are set forth in the our Privacy Policies.
§11 Final Provisions
11.1 These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.
11.2 memoloop reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. memoloop 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. memoloop shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
11.3 Unless otherwise stated in these GTC, the User may submit all notices to memoloop using the contact form provided on the memoloop Web site, or by letter or fax. memoloop may send notices to the User by email, fax or post to the addresses given in the User’s current contact data in his or her user account.
11.4 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.
11.5 The place of performance under these GTC shall be memoloop’s main place of business.
11.6 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of memoloop (Licennium GmbH).
11.7 These GTC and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.
