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General Terms and Conditions GTC

– Last Updated on March 01, 2015. – These General Terms and Condition are effective immediately for those registering accounts after that date and will become effective also for those with pre-existing accounts. To review the previous terms, please click here. Please read through the general terms and conditions of Worldcheckin GmbH (referred to as “WCI” and “GTC” hereinafter) carefully before using this Web Site or using the services rendered by WCI. Only these GTC are applicable when using this Web Site and availing of the services rendered by WCI. These general terms and conditions (the “GTC”) govern your access to and use of WCI’s Web Sites and mobile applications that link to or reference these GTC (“Web Site”). By accessing or using the Web Site, you are agreeing to these GTC and concluding a legally binding contract with Wordcheckin GmbH, with headquartered in Leipzig, Germany (“WCI”). Do not access or use the Web Site if you are unwilling or unable to be bound by the GTC.

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§ 1. Definitions

1.1. Parties

“You” and “your” refer to you, as a user of the Web Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Web Site. “We,” “us,” and “our” refer to WCI.

1.2. Content

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Web Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Web Site. “WCI Content” means Content that we create and make available in connection with the Web Site. “Third Party Content” means Content that originates from parties other than WCI or its users, which is made available in connection with the Web Site. “Web Site Content” means all of the Content that is made available in connection with the Web Site, including Your Content, User Content, Third Party Content, and WCI Content.

§ 2. Changes to the GTC of Service

We may modify the GTC from time to time. The most current version of these GTC will be located here. You understand and agree that your access to or use of the Web Site is governed by the GTC effective at the time of your access to or use of the Web Site. If we make material changes to these GTC, we will notify you by email or by posting a notice on the Web Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these GTC on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new GTC. You understand and agree that your continued access to or use of the Web Site after the effective date of modifications to the GTC indicates your acceptance of the modifications.

§ 3. Translation

We may translate these GTC into other languages for your convenience. Nevertheless, the German version governs your relationship with WCI, and any inconsistencies among the different versions will be resolved in favor of the German version.

§ 4. Using the Web Site

4.1. Eligibility

You must be 18 years or older, to access or use the Web Site and have the requisite power and authority to enter into these GTC. You may not use or access our Web Site if you are a competitor of ours or if we have previously banned you from the Web Site or closed your account.

4.2. Permission to Use the Web Site

We grant you permission to use the Web Site subject to the restrictions in these GTC. Your use of the Web Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

4.3. Web Site Availability

Any time without notice or liability, the Web Site may be modified, updated, interrupted, suspended or discontinued.

4.4. User Accounts

You have to create an account and provide certain information about yourself in order to use some of the features that are offered through the Web Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Web Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other Web Sites, or allow other Web Sites to share information about you with WCI. Please read our Privacy Policy for more information.

4.5. Communications from WCI and other Users

By creating an account, you agree to receive certain communications in connection with the Web Site. For example, you might receive compliments or friend requests from other Users. You will also receive our e-mail newsletter to be informed about latest news.

§ 5. Content

5.1. Responsibility for Your Content

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by WCI.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

5.2. Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own Web Sites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Web Site and any Other Media the right to access Your Content in connection with their use of the Web Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against WCI and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

5.3. Ownership

As between you and WCI, you own Your Content. We own the WCI Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Web Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Web Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the WCI Content and the Web Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the WCI Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Web Site and the WCI Content are retained by us.

5.4. Advertising

WCI and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

5.5. Content Feeds

We make some of the Web Site Content (“Feed Content”) available via Real Simple Syndication and Atom feeds (“Feeds”). You may access and use the Feeds in order to display Feed Content on your personal computer, webWeb Site, or blog (“Your Web Site”), provided that (I) your use of the Feeds is for personal, non-commercial purposes only, (II) your display of the Feed Content links back to the relevant pages on WCI’s webWeb Sites, and attributes WCI as the source of the Feed Content, (III) your use or display of the Feed Content does not suggest that WCI promotes or endorses any third party causes, ideas, webWeb Sites, products or services, including Your Web Site, (IV) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden WCI’s systems. WCI reserves all rights in the Feed Content and may terminate the Feeds at any time. Please select “Partnerships” on our contacts page here to inquire about other possible uses of the Feeds.

5.6. Other

User Content (including any that may have been created by users employed or contracted by WCI) does not necessarily reflect the opinion of WCI. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guideline. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

§ 6. Restrictions

We are under no obligation to enforce the GTC on your behalf against another user. While we encourage you to let us know if you believe another user has violated the GTC, we reserve the right to investigate and take appropriate action at our sole discretion.

6.1. You agree not to, and will not assist, encourage, or enable others to use the Web Site to:

  1. Violate our Content Guideline, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
  2. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  4. Promote a business or other commercial venture or event, or otherwise use the Web Site for commercial purposes, except in connection with a Business Account and as expressly permitted by WCI;
  5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Web Site’s search results or any third party Web Site;
  6. Solicit personal information from minors, or submit or transmit pornography; or
  7. Violate any applicable law

6.2 You also agree not to, and will not assist, encourage, or enable others to:

  1. Violate the GTC;
  2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Web Site or Web Site Content (other than Your Content), except as expressly authorized by WCI;
  3. Use any robot, spider, Web Site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Web Site or any Web Site Content;
  4. Reverse engineer any portion of the Web Site;
  5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Web Site or on any materials printed or copied from the Web Site;
  6. Record, process, or mine information about other users;
  7. Access, retrieve or index any portion of the Web Site for purposes of constructing or populating a searchable database of business reviews;
  8. Reformat or frame any portion of the Web Site;
  9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on WCI’s technology infrastructure or otherwise make excessive traffic demands of the Web Site;
  10. Attempt to gain unauthorized access to the Web Site, user accounts, computer systems or networks connected to the Web Site through hacking, password mining or any other means;
  11. Use the Web Site or any Web Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
  12. Use any device, software or routine that interferes with the proper working of the Web Site, or otherwise attempt to interfere with the proper working of the Web Site;
  13. Use the Web Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Web Site or Web Site Content; or
  14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Web Site, features that prevent or restrict the use or copying of Web Site Content, or features that enforce limitations on the use of the Web Site.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

§ 7. Guidelines & Policies

7.1. Content Guidelines

You represent that you have read and understood our Content Guideline.

7. 2. Privacy

You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (I) take action regarding suspected illegal activities; (II) enforce or apply our GTC and Privacy Policy; (III) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (IV) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Web Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.

7.3. Copyright And Trademark Disputes

Please see our Infringement Policy for information about copyright and trademark disputes.

§ 8. WCI Deals & WCI Avertising

If you purchase a WCI Deal, gift certificate or something out of WCI Advertising, the GTC of your purchase will be governed by the Terms of the vendors. Please make sure that you will read the vendor terms before you going to purchase anything. In the event of any conflict between the WCI General GTC for Deals and Certificates and these GTC, the WCI General GTC for Deals and Certificates will prevail.

Similarly, if you create a business owner’s account on the Web Site or purchase advertising from WCI, the WCI Advertising Agreement will apply. In the event of any conflict between the WCI Advertising Agreement and these GTC, the WCI Advertising Agreement will prevail.

§ 9. Suggestions & Improvements

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (I) your Feedback does not contain the confidential or proprietary information of third parties, (II) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (III) we may have something similar to the Feedback already under consideration or in development, and (IV) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against WCI and its users any claims and assertions of any moral rights contained in such Feedback.

§ 10. Third Parties

The Web Site may include links to other Web Sites or applications (each, a “Third Party Web Site”). We do not control or endorse any Third Party Web Site. You agree that we are not responsible for the availability or contents of such Third Party Web Sites. Your use of Third Party Web Sites is at your own risk.

§ 11. Indemnity

You agree to indemnify, defend, and hold WCI, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “WCI Entities“) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (I) your access to or use of the Web Site, (II) your violation of the GTC, (III) any products or services purchased or obtained by you in connection with the Web Site, or (IV) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. WCI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of WCI. WCI will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

§ 12. Disclaimers & Limitations of Liability

Please read this section carefully since it limits the liability of the WCI entries to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of these GTC, please consult with a legal professional prior to accessing or using this internet Web Site. By accessing or using this Web Site, you represent that you have read, understood and agree to these GTC, including this section. You are giving up substantial legal rights by agreeing to these GTC.

  1. The Web Site is made available to you on an “as-is”, “with all faults” and “as available” Basis, with the express understanding that the WCI entries may not monitor, control, or vet user content. As such your use of this Web Site is on your own discretion and risk. The WCI entries make no claims or promises about the quality, accuracy, or reliability of the Web Site, its safety or security, or the Web Site content. Accordingly, the WCI entries are not liable to you for any loss or damage that might arise, for example, from the Web Site’s inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content, order, and display), or metrics found on, used on, or made available through the internet Web Site.
  2. The WCI entries make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the Web Site or Web Site’s users. Accordingly, the WCI entries are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have any negative experience with one of the businesses or advertisers listed or featured on the Web Site. Your purchase and use of products or services offered by third parties trough the Web Site is at your own discretion and risk.
  3. The WCI entries expressly disclaim all warranties, weather express or implied, including warranties as to the products or services offered by businesses listed on the internet Web Site, and implied warranties of merchantability, fitness or a particular purpose, and non infringement. No oral or written information or advice provided to you by a representative of one of the WCI entries shall create a representation or warranty.
  4. Your sole and exclusive right an remedy in case of dissatisfaction with the internet Web Site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the internet Web Site.
  5. The WCI entries maximum aggregate liability to you for losses or damages that you suffer in connection with the Web Site or these GTC is limited to the greater of (I) The amount paid, if any, by you to the WCI entries in connection with the Web Site in the 12 months prior to the action giving rise to liability, or (II) USD 120.
  6. The WCI entries disclaim liability for any (I) indirect, special incidental, punitive, exemplary, reliance, or consequential damages, (II) loss of profits, (III) business interruption, (IV) reputational harm, or (V) loss of information or data.

§ 13. Coice of Law & Venue

German law will govern these GTC, as well as any claim, cause of action or dispute that might arise between you and WCI (a “Claim”), without regard to conflict of law provisions.

For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction, in, and the exclusive venue of, the Leipzig court located within Germany.

§ 14. Termination

  1. You may terminate the GTC at any time by closing your account, discontinuing your use of the Web Site, and providing WCI with a notice of termination here. Please review our Privacy Policy for information about what we do with your account when terminated.
  2. We may close your account, suspend your ability to use certain portions of the Web Site, and/or ban you altogether from the Web Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Web Site, Your Content, Web Site Content, or any other related information.
  3. In the event of any termination of these GTC, whether by you or us, Sections 1, 5, 6, 10 – 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.

§ 15. General Term

  1. We may provide you with notices, including those regarding changes to the GTC by email, regular mail or communications through the Web Site.
  2. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
  3. The GTC contain the entire agreement between you and us regarding the use of the Web Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these GTC.
  4. Any failure on WCI’s part to exercise or enforce any right or provision of the GTC does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  5. If any provision of the GTC is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the GTC shall otherwise remain in full force and effect and enforceable.
  6. The GTC, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with WCI’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these GTC and be void.
  7. The section titles in the GTC are for convenience only and have no legal or contractual effect.

 

 

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