Terms and Conditions
§ 1 validity
(1) The following terms and conditions govern the conditions under which the use of www.insomnia-berlin.de takes place. The terms and conditions are valid even if the operator is used from outside the Federal Republic of Germany.
(2) By registering with the operator, the user acknowledges that he has read and understood the terms and conditions and accepts them. Deviating regulations of the user are hereby contradicted.
§ 2 Subject
(1) The operator operates a contact and party portal on the Internet and offers the user access to his database, through which the user can inform himself about events of the club INSOMNIA. The user also receives newsletters. Furthermore, there is the possibility to get in contact with other members or to publish ads of various nature. Only FSK 16 images may be published in the profile.
(2) The portal is offered for private use only. Any commercial use is not permitted.
(3) The use of the portal can be discontinued at any time without giving reasons, in which the profile is deleted.
§ 3 Liability of the operator
(1) The operator can not be held responsible for incorrect information in users' registrations, as the information provided by the users
due to their size can not always be tested. He assumes no liability for the possible misuse of information by other users or third parties, this is especially true if the user has made the information itself accessible. Furthermore, the operator is not liable for the unauthorized knowledge of third parties of personal data of users (for example, by unauthorized access by "hackers") on the database. The operator is insofar entitled, but not obliged, to check the content of any text as well as submitted photos or graphic files for the guidelines underlying these terms and conditions and, if necessary, to change or delete them.
(2) Furthermore, the operator shall not be liable for any failure of the service for which he is not responsible, for example due to force majeure or technical disruptions of the Internet.
§ 4 Duties of the user
(1) The user is solely responsible for the content of his application and thus for the information he provides about himself.
(2) The User undertakes to indemnify and hold the Operator harmless from any type of actions, damages, losses or claims that may arise from his / her registration and / or participation in this Service, unless such damage is caused by intent or negligence of the Operator, or its legal representative or vicarious agent. In particular, the user undertakes to indemnify the operator against any liability and from all obligations, expenses and claims arising from damages for libel, insult, infringement of personal rights, failure of services for users, infringement of intellectual property or other rights to indemnify.
(3) The user undertakes not to intentionally disclose the data of third parties (including e-mail address) as his own. In particular, he undertakes not to fraudulently specify the bank details or the credit card data of third parties and to comply with the respective applicable laws when registering and using the contact portal.
(4) The user undertakes to treat e-mails and other messages confidentially and not to make them accessible to third parties without the consent of their author. The same applies to names, telephone and fax numbers, residential, e-mail addresses and / or URLs.
(5) Furthermore, every user undertakes not to misuse the service, in particular:
- not to use it to spread any defamatory, offensive or otherwise unlawful material or information in order to threaten, harass or otherwise violate the rights (including personal rights) of others
- to upload any data containing a virus (infected software). Do not upload any software or other material that is copyrighted unless the user has the rights or required consents not to use it in a manner that adversely affects the availability of offers to other users.
- not intercept e-mails and not try to intercept them to advertise other, non-commercial contact portals.
- no chain letters to send
- in the personal description (profile) do not give names, addresses, telephone or fax numbers, e-mail addresses, user names or other contact data of messenger services or other Internet services
- Logins and personal passwords are not shared with third parties or shared with third parties.
(6) Failure to comply with any of the above-mentioned behavioral obligations may lead to immediate termination of membership and may have civil and criminal consequences for the user. In particular, the operator reserves the right to exclude the user from his service if in the opinion of the operator in the registration or use of the service immoral, obscene or politically radical content or photos should be disseminated.
§ 5 Copyrights
(1) The user assures that he does not post photos or other works within the framework of this portal without being entitled to do so under the relevant copyright regulations.
§ 6 Changes to the Terms and Conditions
(1) The operator reserves the right to change these terms and conditions at any time. The user will be informed about the changes on the website of the operator. The change will take effect one month after being posted on the website. Users who register after the amended General Terms and Conditions have been published will only be subject to the changed conditions.
§ 7 Final provisions
(1) In the event of ineffectiveness or partial invalidity of one of the provisions of these Terms and Conditions, the validity of the remaining provisions shall remain unaffected. An ineffective or partially ineffective provision will be replaced by the provision which comes closest to the original one from an economic point of view.