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SOCIAL MEDIA MANAGEMENT APPLICATION
2017-07-22 1709__posted_by sarah willis
The services offered by KingAPP.de GmbH company, represented by the company manager - Maciej Sagal, Lechwerkstrasse 14, 86462 Langweid am Lech, hereinafter referred to as the Service Provider.
§ 1 General information, definitions
(3) Individual determination have priority towards these terms. Terms of the opposite content, terms differing from the presented herein or supplementary terms are not a part of the contract, unless it was expressly agreed upon for them to be binding.
§ 2 Content of the website
(1) Using the SocialQueen website, it is possible to publish posts from one place in the network on many social network portals at the same time. At the same time the website offers numerous pictures and videos for free disposal. Additionally, the website proposes the use of fitting hashtags and contains a planner for the future publication of posts. In addition, the website offers the User all statistics concerning integrated social networking sites.
(2) For the use of the website, the Service Provider provides the Users with a free account or a payable account – differing from each other in range of services.
§ 3 Using the website
(1) The Users may use the website free of charge. However, the Service Provider provides the Users also with various kinds of payable subscription models costs of which depend on the scope of the services offered thereby.
(3) The Users using a free account cannot set requirements for using the website and its availability. Aspects concerning availability have been discussed in detail in § 11 of these terms.
§ 4 Registration, permit to use the website and blockade of the account
(1) In order to be able to use the website, the User must register their account and receive permission from the Service Provider to use it.
(2) Each User may register on the site only once. When registering, the User ensures that they are not yet a registered user of application and that they have not removed the previously existing account in the website.
(3) Through filling in all fields form registration form and clicking the "Registration" Button, the User submits the offer for entering into the contract concerning using of an account in the application.
(4) The User must first provide its e-mail address and self-selected password in the registration form. Then it is necessary to enter first name and surname, as well as the selected language in which the application will be operated.
The User hereby states that they agree with the fact that all critical information concerning the contract for using the website will be sent thereto by e-mail, unless another form of contact has not been legally established.
Acceptance of the application for registration on the website is done through sending confirmation by e-mail. The Service Provider reserves the right to reject the request for registration without specifying the reason.
If the application has been accepted, the User receives an e-mail with the activation link. Registration will be fully concluded when the User clicks the sent link. Then the User may log in to the website, entering selected thereby e-mail address and password (hereinafter referred to as "login data").
The Users undertake to provide complete and true personal data during registration of the account in the website and to immediately notify about any changes within the scope of their data. The User is aware that they shall bear full liability for specification of untrue data in the process for Registration.
(5) From the level of their account, the User may connected with the website with accounts on social network sites and manage them. The User shall also receive overview of all their activities. They may also check its personal data and possibly change them.
(6) The User shall be obliged for confidential treatment of its login data. If the User becomes aware that its login data are used by third parties it must immediately notify the Service Provider. In the event of such use of data, the Service Provider shall be obliged to block access to the website. Removal of the blockade is possible only at a written request of the User.
(7) The Service Provider shall be obliged to block the User's access to the website, if there is a justified suspicion that the User has breached these terms. Such a blockade shall be notified to the User by e-mail. The User may prevent the blockade, if at its own cost presents respective evidence clearing any doubts.
§ 5 Entering into contracts concerning subscription models
(1) Registered Users may extend the scope of the website. Additionally payable subscription models in the following tariffs are available thereto: Work, Premium and Gold. The prices stated at each tariff are binding.
(2) After selecting of an appropriate tariff, the User must specify in the online form all the remaining information which are necessary to enter into the contract.
(3) Finally, the User must check the correctness of the entered data and has the opportunity to correct them. When clicking the "Purchase" Button, the User shall submit a binding order with regard to entering into the contract.
(4) The Service Provider shall immediately confirm acceptance of the order by e-mail. The Contract shall be concluded with the payment order on the part of the User. The condition for final and binding conclusion of the contract is completing the order procedure by sending the order.
(5) The Service Provider shall record the text of the contract and send it to the User along with the included therein legally binding terms for using the website.
(6) Any mistakes in the entered data may be corrected at any moment by clicking on the arrow symbol in the browser indicating the left side (Back Button) and then making the required changes. By closing the web browser the User may stop the entire process at any time.
(7) The contracts are concluded in German, English and Polish languages. The User also selects the language version being of interest thereto.
§ 6 Fees
(1) The specified prices are binding and contain the statutory VAT tax.
(2) Due to the delay the Consumer shall be charged with interest for delay, in the amount of 5 percentage points above the base interest rate. Due to the delay Entrepreneurs shall be charged with interest for delay, in the amount of 9 percentage points above the base interest rate. In the case of a delay the Entrepreneur must also pay a lump-sum charge in the amount of EUR 40. It shall also occur when the Entrepreneur is in arrears with payment of an instalment. The Service Provider reserves the right to claim higher fees for the delay from the Entrepreneur. The lump amount according to sentence 3 shall be credited towards any claim for compensation due, if the given damage is justified in the costs of judicial redress.
(3) The right for deducting shall be given to the User only when its mutual claims were considered final and binding, are indisputable or were acknowledged by the Service Provider. The User's right to deduce from contractual and other claims originating from establishing or implementation of this contractual relationship shall remain intact. The User may use the right to withhold only when its mutual claim results from the same contractual relationship.
§ 7 Payment methods
(1) The Users may pay the agreed price of a subscription model with the use of a credit card, PayPal system or the so-called fast transfer.
(4) In the case of payment with the use of a credit card, PayPal website or the so-called fast transfer, the Customer bears no additional costs.
§ 8 The effective term of the contract/notice of termination
(1) The effective term of the contract for using a free account in order to use the website according to § 4 of these terms is unlimited in time. The User may terminate the Contract at any time, without determining the cause. The Service Provider may terminate the contract at any time, with 14 day notice period.
(2) The contract for use of paid subscription models is initially entered into for a period of 1 month. Termination of the contract at that time is not possible. The right for extraordinary termination for an important reason shall remain intact. The contract shall be extended by additional month, unless it is terminated in writing (e.g. in the form of a letter, fax or E-mail) a week before the end of its duration.
(3) The right for extraordinary termination for an important reason shall remain intact. An important reason is in particular:
a) The User breaching the provisions of General Commercial Terms which shall not be remedied also after the specified term;
b) the User committing a prohibited act or an attempt of such and act, e.g. fraud;
c) continuous failures caused by force majeure, which are beyond The Service Provider control, e.g. natural disasters, fire, faultless problems with the electric network.
(4) In order to submit a statement related to termination of the contract, the User may send an e-mail to the following address: firstname.lastname@example.org, entering its User name and E-mail used at registration.
§ 9 Responsibilities of the User
(1) When using the services or tools offered by the website, the User has to comply with the binding law of the Federal Republic of Germany and these General Commercial Terms. The User shall be particularly obliged to:
a) provide – during registration – truthful and complete information on itself, it especially applies to data concerning its company and its name and surname;
b) comply with third party rights, especially copyright and ancillary rights, trademarks law, patent law and other rights of ownership and personal rights.
(3) The User shall be obliged for keeping confidential their login data. The User is not authorised to provide any third parties with their e-mail address used for logging in and password. If the User learns of an improper use of these data, they must immediately notify the Service Provider.
§ 10 The right to use
(1) The Service Provider shall grant the User with limited, revocable, non-exclusive, not subject to assignment and license right to use a part of components of the website.
(2) All components of the website, including the code cookie files, tags or other used technologies should be install, copied and used only in the respect, which is needed to use the website.
(3) The Users undertake not allow themselves and any third parties for:
a) copying, changing, adjusting, translating the software and/or documentation;
b) converting (decompilation) of the software code into another form of code, first of all, into a clear root version and other types of Reverse-engineering in order to observe all stages of its formation are not acceptable. This does not apply to the permitting circumstances according to §§ 69d and 69e of the German Act on copyright and related rights - UrhG);
c) lending, providing sublicense, selling, yielding or assignment of other rights (or claiming performance thereof) with regard to the software, documentation and/or website;
d) removal of markings concerning rights and other markings in or on the software or in connection with the website;
e) using, recording, transferring, entering a tool, software or procedure which interfere with functioning of the website or software, or make an attempt to do so; or
f) using the data which are marked as third party data for any purpose other than browsing and downloading in the website. The Users shall be obliged to comply with all the laws applicable in connection with the use and access to the software and the website itself and other legal regulations.
§ 11 Availability of the portal/tool
(1) At the present state of the art it may not be guaranteed that transfer of data via Internet will proceed without any errors and/or was characterised by continuous availability. For this reason the Service Provider shall not be responsible for any technical errors not caused thereby. First of all, the Service Provider shall not be responsible for guaranteeing of ongoing and continuous availability of the website and for system failures, pauses and interferences in operation of technical devices or services, which do not lie on its side.
(2) The Service Provider shall not be liable for functioning of networks, shortages in power supply, server failures which do not lie on its side. The Service Provider in particular shall not be liable for disturbances within quality of access to the website, caused by force higher or events, which are beyond its control. It applies, first of all, to strikes, lock outs, internal protests and official resolutions. This group shall also include total or partial failure with regard to communication and network structures, necessary to provide services and network gates of other website providers and operators.
(3) Due to conducting technical inspections and further development of the website, the possibility of its use and/or access to the website may be temporarily limited or interrupted.
(4) In other cases, the Service Provider shall be responsible for shortages in the services offered according to the statutory provisions.
(5) Defects regarding the offered services shall be removed after receiving a written error description, as quickly as possible. It shall not apply in the case when an error depends on the circumstances which were created by the User, especially, when they do not comply with the obligation of cooperation. The remaining rights of the User shall remain intact.
§ 12 Responsibility
In the cases of default on obligations resulting from minor negligence, liability shall be limited to the amount of average, direct, predictable and typical contractual damage. It shall apply also in the case of default in meeting obligations resulting from minor negligence of legal representatives of the Service Provider or the persons who were entrusted with performance of obligations or persons, who were used to perform the obligations. The Service Provider shall not be responsible for minor breach of insignificant obligations resulting from the contract. The Service Provider shall, however, be responsible liability towards of the User for breaching legal item, essential for the contract. Legal items essential for the contract are those which must be guaranteed by the contract the User in accordance with the content of and the purpose of the Contract. The Service Provider shall also be responsible for breaching obligations meeting of which enables just due performance of the contract and on observance of which the User may count.
The above presented limitations in liability shall not apply to any claims of the User resulting from liability of the Service Provider for the product and in the case of any intended violations of obligations or such which result from serious negligence. Limitations in liability shall not apply also in the case of violation of obligations significant from the point of view of the contract and on account of health impairment, bodily harm and loss of life of the User caused by fault of the Service Provider.
The Service Provider shall not be liable for loss of data and/or programs, if the damage consists in the fact that the User did not prepare a security backups in order to ensure that the lost data can be recovered at reasonable expense.
The Service Provider shall be responsible for external content only if it is aware of existence thereof (i.e. also of their unlawful or a punishable nature) and in technical terms is able to prevent utilisation of this type of content (§§ 7 nn. of the German Act on electronic media - TMG).
If the Users shall post links redirecting to other websites, the Service Provider shall not be responsible for external content posted thereon. The Service Provider has no control over visual appearance and content of such websites and shall not usurp any external content. If the Service Provider becomes aware of the contents nonconforming to the law, posted on the external websites, access to this type of websites shall be immediately blocked.
In the case of links it means links to other websites. If the Service Provider determines that a specific offer to which a link was made available thereby, results in civil and legal or penal responsibility, the Service Provider shall remove the link to this offer, if this is technically possible and reasonable.
§ 13 Laws
(1) Contents of the Service Provider are subject to copyright or other protective rights of the Service Provider (or companies cooperating therewith) and may be used only with a clear permit of the Service Provider (the holder or the rights). This applies particularly to texts, pictures and layout of the website and the website.
(2) Downloading or printing of individual websites and/or parts of the website or the website of the Service Provider for private use is allowed. Complete or partial reproduction, distribution, transferring (electronically or otherwise), modification and use of the website or the website for the public or commercial purposes is forbidden, if the Service Provider has not expressed its prior written consent.
(3) Due to provision of contents by the Users, they grant the Service Provider the right to use those contents in a database (during the effective term of the contract), especially, the right for recording, duplication, transferring and publishing the contents.
§ 14 Final provisions, dispute resolution
(1) The Law of the Federal Republic of Germany shall be binding. In the case of consumers, who do not enter into contract for the purposes of professional or economic activities, selection the rights shall be binding only to the extent for them not to be deprived of protection, granted by legal regulations absolutely valid in the country in which the consumer has their place of residence. Provisions of the United Nations Convention on Contracts for International Sales of the Goods shall not apply. § 18 (9), p. 9 of the German Act on personal data protection at teleservices – TDSG shall remain intact.
(2) If the User is a merchandiser, legal person of the public law or a separate public and legal property, the court competent for solving all disputes arising in connection with the contract, shall be the court competent for the seat of the Service Provider, unless an exclusive jurisdiction has been defined. The Service Provider shall, however, also be authorised to perform legal action against the merchandiser before court competent for its place of residence or conducting business activities. Jurisdiction due to an exclusive jurisdiction remains intact.
(3) We are not ready nor obliged to participate in alternative proceedings for solving disputes before consumer mediation office. We are obliged to inform you of this fact that under the so-called Internet resolution of any disputes on the part of the European Commission, an online platform has been prepared, which can be found at: http://ec.europa.eu/consumers/odr. Therefore, we are obliged to provide you with our e-mail address: email@example.com.