1. General Terms and Conditions for the use of the ZUGVOGL serviceThe ZUGVOGL service is rendered via its website (www.zugvogl.com), via mobile applications (“apps”), background applications and web services. All websites, sub-domains, aliases, mobile applications, background applications, web services and third-party-site integrations provided by ZUGVOGL and where ZUGVOGL is available are hereinafter referred to as “ZUGVOGL Websites”.
2. Subject and basis for using ZUGVOGLGeneral
3. Conditions of use, conclusion of user agreement and warranties upon conclusion of user agreement3.1 The option to use applications offered on the ZUGVOGL Websites does not constitute an offer, but merely an invitation to issue an offer. By completing the registration process, the user consents to enter into the agreement to use the corresponding ZUGVOGL application. ZUGVOGL in turn accepts the user’s consent by rendering the corresponding services. The agreement takes effect upon the aforementioned acceptance by ZUGVOGL. ZUGVOGL is not obliged to enter into the agreement. 3.2 The user warrants and represents that all of the data they provide is accurate and complete. The user is obliged to ensure that the data for all of the applications they use is accurate and complete for the entire duration of the agreement. 3.3 The user warrants that they are of legal age. In the event that the user acts on behalf of a legal per-son for certain applications, the user warrants that they are authorised to act in the name of the legal person. Upon request, the user shall submit proof thereof. 3.4 It is technically impossible for ZUGVOGL to determine with certainty whether any user registered on the ZUGVOGL Websites is in fact the person he or she claims to be. Therefore, ZUGVOGL assumes no liability for the actual identity of a user.
4. Termination of user agreement, right of withdrawal for usersTermination of user agreement 4.1 Unless specifically precluded by separate terms and conditions regarding the term and termination of individual applications or ZUGVOGL services, the agreed user agreement may be terminated by either party at any time. In order to protect the user from unauthorised deletion of their user profile by third parties, ZUGVOGL may perform an identity check upon termination, e.g. by requesting the username and an e-mail address registered on the ZUGVOGL Website.
5. General obligations of the user and special provisions for using the professional network5.1 The user is obliged 5.1.1 to provide only true and non-misleading statements along with its real name, and to refrain from using pseudonyms or pen names 5.1.2 the user shall not use photos or images of any person other than the user 5.1.3 to comply with all applicable legislation and respect all third-party rights when using ZUGVOGL and the content served on ZUGVOGL Websites. In particular, the user shall not use any insulting or de-famatory contents, regardless of whether said contents are directed at another user or ZUGVOGL personnel or other companies, use any pornographic, abusive, immoral or violence-glorifying materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic, abusive, immoral or violence-glorifying product or prod-ucts which do not comply with any applicable legislation for the protection of minors, unreasonably annoy, particularly with spam, any other user (cf. Section 7 of the German Unfair Competition Act - UWG), use without authorisation 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, or use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices 5.1.4 to refrain from engaging in any of the following annoying activities, even if they do not constitute a breach of any applicable laws:
6. Changes to services and GTCChanges to services 6.1 ZUGVOGL reserves the right to modify the services offered on the ZUGVOGL Websites 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. 6.2 ZUGVOGL furthermore reserves the right to modify the services offered on the ZUGVOGL Websites or to offer services different from those offered at the time of the user’s registration at any time. 6.2.1 to the extent ZUGVOGL is therefore deemed to have complied with a legal judgement or decision by the authorities, 6.2.2 to the extent ZUGVOGL is therefore deemed to have complied with a legal judgement or decision by the authorities, 6.2.3 if the modification is only beneficial to the user, or 6.2.4 if the modification is of a purely technical or process-related nature without any material impact on the user. 6.2.5 Modifications that only have a minor impact on ZUGVOGL’s functionality do not represent changes to the services described in this section. This shall apply in particular to changes of a purely graphical nature and to a change of layout and/or placement of features.
9. Liability for damages9.1 Irrespective of the legal grounds of any claims, the liability of ZUGVOGL shall limited within the frame-work of applicable statutory law as set out below. 9.2 ZUGVOGL shall be liable without limitation for any damage to life, body or health as well as for any damage caused by intent or gross negligence on the part of ZUGVOGL or any of its legal representatives or agents, as well as for any damage resulting from the noncompliance with a guarantee or guaranteed characteristics given by ZUGVOGL, or on account of maliciously concealed defects. 9.3 For damages incurred as a result of a slightly negligent breach of material contractual obligations by ZUGVOGL or any of its legal representatives or agents, ZUGVOGL shall be liable only limited to the damage which is foreseeable and typical for the contract. Material contractual obligations are obliga-tions whose fulfilment is essential for the achievement of the purpose of the agreement and on whose fulfilment can be normally relied on by the user. 9.4 The liability of ZUGVOGL for other cases of slightly negligent conduct is limited to an amount of EUR 3,000 per individual damage. 9.5 The non-fault liability of ZUGVOGL for defects existing at the time of conclusion of the contract accord-ing to Sec. 536a, para. 1 sentence 1 German Civil Code is hereby excluded. 9.6 Any given liability under the German Product Liability Act shall remain unaffected.
10. Claims in the event of defects10.1 ZUGVOGL shall repair any defects of the database system within a reasonable period of time. In that respect, the responsibility of ZUGVOGL extends only to the network access point between ZUGVOGL systems and the Internet, but not to the user's systems and data transmission lines beyond that point. 10.2 ZUGVOGL will use the standard of care as customary in the publishing industry in selecting and up-dating the content. The completeness, accuracy and correctness of the content cannot, however, be warranted. 10.3 User shall notify ZUGVOGL of any defects, malfunctions or damage without undue delay.
12. Applicable law, place of jurisdiction, miscellaneous12.1 ZUGVOGL is permitted to commission sub-contractors but remains responsible for fulfilling its duties. 12.2 ZUGVOGL is permitted to transfer rights and duties to third parties, in whole or in part. 12.3 Unless otherwise governed by these GTC, ZUGVOGL may send notices to the user by e-mail, fax or letter. 12.4 The place of performance under these GTC shall be ZUGVOGL's main place of business. 12.5 Place of jurisdiction for merchants within the scope of the German Commercial Code (HGB) shall be the main place of business of ZUGVOGL. 12.6 These GTC and the agreed 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. 12.7 These GTC are available in English.
13. Obligations of the user and special provisions for users (ambassadors only)