deutsche Version
Conditions for the Use of mumate.com
August 1, 2007
RECITALS
mumate.com (www.mumate.net or www.mumate.de including all countries’ domaines and sub-domaines) is a social network and communications platform of mumate.com GmbH
(in the following referred to as “Operator”)
Registered members
(in the following referred to as “User”)
may establish a personal profile, add own contents to the profile, get into contact with other Users as well as communicate with those.
The following conditions for the use (“Contract”) are the legal basis for the use of this communication platform.
§ 1
Validity
1.1. In the relationship between mumate.com GmbH and the Users the following conditions for use (in the following referred to as “AGB”- General Conditions of Business”) shall be valid for the entire period of the membership. Conditions of the Users other than such shall not apply if they are contradictory to these AGB.
1.2. With his registration the User declares his consent with these AGB. When registering, the User shall have the possibility to read these AGB and, at the same time, he must confirm the validity of the AGB by acknowleging those by way of a separate “click”.
1.3. The AGB may be amended by the Operator at any time and without giving any reason. Each User shall receive an email with the amended AGB two weeks prior to the amendment. If he does not react or oppose to them, they shall be regarded as accepted. This fact is again explicitly indicated in the email.
1.4. In the relationship Operator/User the AGB shall be valid even if in the course of using other services the validity of the AGB should not be explicitly been indicated again.
§ 2
Contract and Term
2.1. When registering as a User of mumate.com the User must confirm that
2.1.1. the information given by him is true and correct;
2.1.2. he will take care that this information shall always be true and correct in the future;
2.1.3. he is older than fourteen (14);
2.1.4. his use of the communication platform does not violate any laws or regulations in force;
2.1.5. his use is for private purposes only. Any commercial use is prohibited.
2.2. The Operator shall be entitled to verify the personal information given by the User by checking appropriate official documents and, if necessary, to close the account of the User without giving any reason.
2.3. The User may terminate his membership on the platform at any time, in writing or by email without giving any reason. All data referring to the User will be deleted with immediate effect, any claims for damages of the User are excluded.
§ 3
Description of the Services rendered by mumate.com
3.1. Mumate.com is a social network and communications platform in the internet which serves the getting into contact of various Users. Users may thus get acquainted with each other and build up a friendship relation. A User shall have the possibility to register, to invite further persons or friends into his network and to look for other Users within the frame of the platform the profile of which are saved in a central data base. The Users may have a look into the profiles of other Users and get into contact with those. This, however, just while respecting good manners. The false pretense of an identity and/or degrading or insulting comments are strictly forbidden and are subject to criminal prosecution.
3.2. Additional links which Users may indicate within the frame of mumate.com shall be followed by the Operator under certain circumstances and be checked with regard to their content. If those links should contain illegal material of any kind, they will be deleted by the Operator. However, the User himself shall be liable for the links indicated and published by him.
3.3. The Operator shall have the right to use programs in the data base system of mumate.com which allow the drawing of conclusions with respect to the communication behavior of the Users. These programs shall serve the improvement of the security of the communication in the network. A use of data compiled by these programs for other purposes, especially commercial purposes, shall not take place.
§ 4
Payment
4.1. If not decided otherwise, the registration and the services of mumate.com are for free. This shall not apply to offers in the “Shop”.
4.2. The Operator shall be entitled to charge the use of certain services (i.e. the sending of SMS) on the platform at a certain point of time. Furthermore, the Operator shall be entitled to make profit by allowing appropriate advertisements.
§ 5
The Use and Protection of Data
5.1. The User declares his consent with the regulations for the use of his personal information by mumate.com with his registration.
5.2. The Operator shall save personal information of the Users in different ways. This information shall be compiled by information given by the User and the use of the services offered. The User declares that he consents with the saving of his personal data by electronical means by the Operator.
5.3. The Operator shall save, make use of and analyse information in order to enable the functioning of the platform and to offer a better service to the Users.
5.4. If a User accesses from a partner page to the services of mumate.com, the User’s data will be anonymously saved by help of a cookie. These cookies do not content any personal data of the User, they only serve for the keeping-up of the partner program.
§ 6
Copyright of Contents at mumate.com
6.1. mumate.com does not claim for any rights concerning the provided and published texts, data, pictures, photos, sounds, music, copyright works or other materials (in the following referred to as „Contents“).
6.2. By providing or publishing of Contents by help of mumate.com the User grants mumate.com a restricted license in order to use, to modify, to show in public, to publish, to reproduce or to distribute these Contents.
6.3. The User shall guarantee while providing or publishing of the Contents by help of mumate.com that
6.3.1. he is in possession of or otherwise entitled to grant the license as defined in (6.2)
6.3.2. the publishing of the Contents by help of mumate.com does not violate any data protection rights, user rights, copyrights, contractual rights or other rights of third parties. Furthermore, the User declares his consent to bear any fees or any remuneration he is liable to pay to third parties due to publishing of Contents by help of mumate.com.
6.4. It shall be prohibited to publish, modify, distribute or reproduce protected information of third parties without the prior written consent of the owner of such copyrights. In such a case the Operator shall have the right to demand the written consent of the owner from the User in writing.
6.5. It is prohibited to the User to unlawfully copy, modify, translate, publish, transfer, offer, advertise or to sell Contents of mumate.com and of other Users.
6.6. The Operator shall have the right to delete any Contents which in the sole discretion of the Operator violates the AGB or which is offensive, illegal or unlawful and harms a third party or endangers the security of a third party.
6.7. The Operator does not take any responsibility for the surveillance of the mumate.com platform with respect to unsuitable behavior. Furthermore, the Operator does not take any responsibility for either the Contents or the modifying or deletion of unsuitable Contents and the behaviour of the Users who publish these Contents.
6.8. The User solely is responsible for the Contents, which he publishes by the help of mumate.com and for all materials or information which he transfers to other Users as well as for the interaction with other Users. Contents published on mumate.com have not necessarily been checked out by the Operator and do not reflect the opinion and the rules of mumate.com. The Operator does not guarantee for Contents or for the correctness and reliability of Contents, materials or information which the User transfers to other Users, neither explicitly nor implicitly.
§ 7
Prohibited Contents/Activities
7.1. The Operator shall have the right to check upon each person violating this regulation upon the sole discretion of mumate.com and to take appropriate legal steps including, however not limited to, the filing of a complaint with the police. Prohibited activities or Contents include the following characteristics, however, are not restricted to the same:
7.1.1. obviously offensive, supporting racism, fanatism, hatred or bodily harm of any kind against any group or individual;
7.1.2. harassing another person or supporting harassment;
7.1.3. supporting the sexual exploitation of persons;
7.1.4. showing nudes, violence or offensive pictures or including a link to an x-rated website;
7.1.5. asking under-aged for personal data;
7.1.6. offering telephone numbers, addresses, last names, URLs or email-addresses;
7.1.7. supporting information which is wrong or deceptive, supporting illegal activities or behavior, which is offensive, threatening, obscene, defamatory or slanderous;
7.1.8. supporting an illegal or unlawful copy of the copyright protected work of a third party;
7.1.9. supporting the sending of “junk mails”, “chain messages” or unasked for mails, immediate news, including “skimming” or “spamming”;
7.1.10. containing restricted or hidden pages or pictures, which can be accessed by a password only (which are not linked to other pages with a non-restricted access);
7.1.11. supporting criminal activities or plans or containing instructions for illegal activities, including, however not restricted to, the manufacture or the purchase of illegal weapons, the violation of data protection regulations or providing or developing of computer viruses;
7.1.12. demanding from other Users passwords or asking them for personal data for commercial or unlawful purposes;
7.1.13. containing commercial activities and/or sales without the prior written consent of mumate.com, i.e. prize competitions, lotteries, bartering, ads or snowball-systems;
7.1.14. containing a photo of another person, published without the prior consent of such person;
7.1.15. or using pictures with sexual contents or other unfair, deceptive or false contents in order to draw attention to the profile;
7.1.16. containing criminal or prohibited activities, including children’s pornography, fraud, commerce with obscene contents, drug deals, gambling, harrassment, stalking, spamming, spimming, distribution of viruses and other harmful data, copyright violation, violation of patent rights or theft of business secrets;
7.1.17. containing the request of Users to purchase or sell products or services via mumate.com. Furthermore, the use of information gained by help of mumate in order to contact other Users without their prior explicit consent, to send them ads or to sell them goods shall be regarded as a violation of the foregoing regulations.In order to protect the members of mumate.com from such advertisement measures, mumate.com shall have the right to restrict the number of emails a member may send to other members within the period of 24 hours upon the sole discretion of mumate.com. If a User violates this Contract and will send a huge number of emails, immediate news or other messages unasked for via mumate.com, he acknowledges that by doing so he inflicted a severe damage upon the Operator, that, however, it is difficult to exactly estimate the extent of this damage. The User therefore agrees that mumate.com will receive for each of these advertisement emails, junk emails or chain letters, which he sent via mumate.com unrequested and unlawfully, as a compensation a contractual penalty in the amount of € 40,00. This contractual penalty is due for each advertisement email, junk email or for each chain letter, independent from the number of the recipients of such a mail. The right of the Operator to assert an additional claim for damages shall remain unaffected. The User shall have the right to prove that mumate.com has suffered a damage less than € 40,00.
7.1.18. hiding of an ad banner on the User’s personal profile page or another mumate.com page;
7.1.19. each automatic use of the system, i.e. the addition of friends by help of scripts or the sending of commentaries and news;
7.1.20. the disturbance, interruption or extreme capacity load of mumate.com or of networks or services linked with mumate.com;
7.1.21. the attempt to take the identity of another member or another person;
7.1.22. the copying of codes for the mumate-Player and the embedding of such code into other profiles or the request to other members to embed such in their profiles;
7.1.23. the use of the account, user name or password of another User, the telling of a User’s password to a third party or the access to a User’s account by a third person with the User’s approval;
7.1.24. the selling or transfer of a User’s profile;
7.1.25. the use of information gained by the help of mumate.com with the purpose to harrass, insult or hurt another person;
7.1.26. the use of mumate.com in a way violating the laws and provisions in force.
§ 8
Liability of the Operator
8.1. The Operator shall not be liable for the Contents and the correctness of the published material of the Users. This shall especially apply for cases in which the Contents provided by the Users violate intellectual property rights (registered trademarks, copyrights etc.) or invade personal privacy rights of third parties. This non-liability clause shall also apply for contents of internet pages which were linked by the Users on mumate.com without the knowledge of the Operator.
8.2. The Operator shall not be liable for commercial, physical or non-material damages which arise from the use of mumate.com as far as such damages were not caused intentionally or by gross negligence of the Operator or by his staff members.
8.3. Mumate.com will always take care to secure a proper function of the page. The Operator does not guarantee the permanent functioning of mumate.com and shall not be liable for a delay in transfer of data based on technical problems or break downs.
8.4. The Operator shall not be liable for the unauthorized access to information concerning data of Users by third parties (i.e. the unauthorized access of “hackers”). Furthermore, the Operator shall not be liable for the misuse of data or information which were made available by the User himself to third parties.
8.5. The Operator shall be entitled at any time to stop entirely or partly the services of mumate.com without giving any reason and excluding all claims for damages of the User with immediate effect and to delete all of the saved data of the User.
8.6. The Operator shall not be liable for violations of the law and illegal Contents on mumate.com and pages linked to it. The Operator shall take all measures necessary to check mumate.com in regard to such contents. However, a constant control is not possible and unreasonable without a concrete hint concerning a violation of law.
8.7. The Operator shall not be liable for loss of data or damages which might arise from the use of mumate.com.
§ 9
Responsibility of the User
9.1. The User is solely responsible for the contents of his registration and therefore for all information provided by him. He guarantees that no laws or third parties’ rights are violated by his behavior or by Contents provided or published by him, and furthermore, he guarantees especially that he shall safeguard general personal privacy rights or intellectual property rights of third parties.
9.2. It is prohibited to exchange passwords, codes or serial numbers of any kind on mumate.com and/or publish those.
9.3. The User is not allowed to intercept any emails or other messages of other Users and he is not allowed to attempt this.
9.4. The User shall be liable for all actions within the frame of the platform. This includes all published Contents, links and interactions.
9.5. The User must not violate any laws in force while using mumate.com or to use the service thus that he in a negative way influences the availability of offers for other Users of mumate.com. All electronical attacks on the platform, the data base and the network of mumate.com or on individual Users are strictly forbidden. Each electronical attack will have the consequence of an immediate exclusion of the User and will be pursued and persecuted.
§ 10
Legal Consequences of a Violation of these AGB
10.1. For each case of a violation of one or several Users of one or several provisions of these AGB the Operator shall be entitled to exclude the User with immediate effect and without giving any reason and without the right for a claim for damages from mumate.com and to delete his account including all his data completely. In such a case the Operator is explicitly entitled to initiate legal proceedings according to civil law or criminal law, and especially to assert a claim for damages and/or to file a criminal complaint.
10.2. If a User violates one or several provisions the User shall be obliged to pay a contractual penalty to the Operator upon first demand which may be decided by the Operator as appears just and which in case of a dispute shall be reviewed by the competent court. Furthermore, the User is obliged in such a case to file an immediate declaration of injunction upon the Operator’s demand which is in accordance with the legal standards and which is subject to a contractual penalty.
10.3. Furthermore, the User shall be obliged to indemnify the Operator from any kind of lawsuit, damages, losses and claims arising from the User's misuse of this service or from the violation of these AGB. The User shall be especially obliged to indemnify the Operator from any liabilities and from all obligations, expenses and claims arising from damages caused by insults, defamation, defamatory statements, violation of personal privacy rights, breakdown of services for other Users, violation of immaterial goods (trademarks, copyrights etc.) or other rights. The obligation of indemnification shall also include expenses for a necessary legal defence arising from such claims (attorneys' fees).
§ 11
Inclusion of Third Parties
11.1. The Operator shall be entitled to entrust third parties with the rendering of parts of or the entire performance range of his services. Data protection shall be unaffected by this.
§ 12
Salvatory Clause
12.1. Should one or more of the clauses of the General Conditions for Use be or become invalid or incomplete in parts, the remaining clauses of the General Conditions for Use shall remain unaffected hereby. The ineffective clause is to be replaced by a clause which comes as close as possible to the meaning and the purpose of the ineffective clause legally and commercially. Same applies to possible incomplete clauses of the General Conditions for Use.
§ 13
Jurisdiction and Applicable Law
13.1. As far as legally permissible, place of jurisdiction is Wiesbaden. The law of the Federal Republic of Germany shall govern this contract excluding the UN-Convention on Contracts for the International Sale of Goods.