The following contractual terms regulate the contractual relationship between the provider of the internet community mashmob interactive UG (limited liability), Große Schulstr. 4a, 49078 Osnabrück (hereafter referred to as “the provider”) and the user (hereafter referred to as “the user”).
Any deviating or contrary conditions on the part of the user shall not apply unless expressly agreed upon in writing with the provider.
The provider reserves the right to modify respectively adapt these conditions during the user’s current membership. The provider will notify the user of the modifications in writing and will explicitly clarify the new conditions. Furthermore the provider will grant the user a suitable period of time to decide whether or not he/she will accept the modified terms and conditions for the continued use of the service. In absence of a written refusal on the part of the user, the modified conditions shall be deemed as agreed. The provider will expressly inform the user of this legal consequence at the beginning of the defined period of decision time. If the user objects to the modified conditions, the provider has the right to cancel the user agreement from the date of entry into force of the user conditions without prior notice.
§2 Object of the user agreement
Object of the user agreement is the provision of a globally accessible internet community by the provider. The internet community focusses on the following subject matter: Greece/ Greek Islands/ Holidays in Greece.
The internet community makes the following options available to the user:
Creation of a personal profile (can be made anonymous) that is accessible to other registered users and to any other users of the public internet and can be located by search engines.
Uploading of personal content and content management via user account.
Contacting other users. Editing of contact data
Confirming and rejecting contact requests by other users
Receiving messages from other users and sending messages to other users
Search for other users and profile data
Posting messages on user forums regarding the relevant topics
Posting messages and comments in blogs regarding the relevant topics
Posting “Likes” regarding the relevant topics
Bookings of hotels, flights and package holidays in Greece
The specific format of graphics and functionality of contractual user options, supplementary user options with additional features or their amendment with chargeable extras are subject to the provider’s discretion. Within the contractual framework of the user conditions, the provider has the right to modify and adapt the specific format at any time.
The user has unlimited access to the internet community for a minimum annual average of 95%. Unavoidable, unforeseeable and extraordinary occurrences resulting in the unavailability of the internet community, e.g. power cuts, hacker attacks or failure of telecommunications lines from the transfer point to the internet are not included in the availability minimum calculations.
§3 Registration, User Account and Password Management
Any natural or legal person can register to use the internet community.
The registration of a legal person can only be performed by an authorized representative.
Registered users must be at least 13 years old.
In accordance with the stipulations of the registration form, the user is obliged to provide truthful and complete personal data and to make sure that the provided information is always up-to-date.
The user is obliged to keep user identification and password secret, securely stored and not available to any third party. If the password has become known to any third party, the user must immediately notify the provider via email or in writing, so that the old password can be locked and a new password can be allocated. The user does not have the right to make his user account available to any third party. The user must be aware of the fact that he/she is fully responsible for actions of any third party who has been given access to his/her user account.
Für die Nutzung der Internetcommunity können sich natürliche oder juristische Personen registrieren.
§4 General User Obligations
The user must only use the user options made available by the provider within the framework of the purposes specified in the contract. Any improper use beyond that purpose is prohibited to the user, including in particular the following:
Systematic collection of other users’ contact data for the purpose of passing them on to third parties
Unacceptable harassment of other users through aggressive, obscene, offensive, libellous or importunate messages or postings to the forums
Unacceptable harassment of other users through excessive unsolicited commercial advertising
Extensive or permanent use of the internet community for publication and distribution of contents that neither correspond with the purpose or subject matter of the internet community nor its blogs or forums
Any activity that leads to system overload or system failure;
Use of false identity for registration, posting of contributions or sending of messages;
Systematic collation of contents for use outside the internet community (e.g. other websites, travel guides, any kind of publication) without prior written permission;
Any of the above breaches of duty shall entitle the supplier to cancel the user contract with immediate effect and to lock the user account. Furthermore the provider has the right to refuse activation of a new account for this user for the duration of one year from the cancellation date.
Personal opinions and comments stated in messages and in contributions to forums and blogs should be kept in a polite and mutually respectful manner. Users are encouraged to speak their mind and criticize each other in a constructive way.
§5 User Obligations Regarding Entered Contents
The user has to warrant that his/her entered contents (texts, pictures, photos, videos, names, brands etc.) do not violate the rights of third parties (copyright, privacy rights, competition law standards).
The user holds the provider harmless from any claims by third parties with regard to any offence committed by the user and that the user is responsible for. In this regard the user accepts the settlement of all necessary costs of the legal defence.
The provider has the right to delete or deactivate contents entered by the user if they violate the rights of third parties or if third parties make claims regarding a violation and it cannot be ruled out with certainty that they are justified.
If the provider becomes aware of a possible infringement of the law through contents entered by the user, he/she shall immediately notify the user by text.
§6 Cancellation and Closure of the User Account
The user has the right to cancel the user agreement with the provider any time without having to give reasons and without observing any notice period. Notice of the cancellation must be given in writing, text form is acceptable, or alternatively indicated by deactivating the user account. If a user account is closed, the user’s profile is deactivated whereas any public contributions and contents remain in place, however without a link to his/her profile.
The provider has the right to terminate the user agreement giving one month’s notice to the end of the month.
In addition to the ordinary termination, the provider has the right to terminate the user agreement for good cause without observing a cancellation period. Good cause is shown in particular under the following circumstances:
The user has grievously breached and continues to breach his/her contractual duties (see §4)
The inter community user culpably and seriously violates contractual and statutory obligations
Under these circumstances the provider has the right to delete the user account and to refuse opening a new account for this user for the duration of one year after receipt of the cancellation notice.
The provider can make use of his/her ordinary right to terminate the agreement and delete the user account if the user has failed to log into his/her account for the duration of at least a year and has ignored reminders.
The provider accepts liability in cases of intent or gross negligence in accordance with legal provisions. The liability for warranties is regardless of negligence or fault. In the event of slight negligence, the provider shall only be liable according to the provisions of the product liability law in cases of injury to life, limb or health of individuals or of violation of material contractual duties. The liability for slightly negligent infringement of important contractual duties is however limited to foreseeable damage typical of the contract, provided there is no liability for injury to life, limb or health of individuals. The provider is liable to the same extent for the fault of vicarious agents and representatives.
The provisions of the above article §7.1 extend to compensation in addition to performance, compensation in lieu of the performance and claims for damages due to wasted expenditure irrespective of their legal grounds including liability for defects, delay or impossibility of performance.
The provider is not responsible for the accuracy and completeness of the contents that are made available, in particular published local information, opening times and schedules for any type of transport including flight schedules.
§8 Final Provisions
The laws of the Federal Republic of Germany shall apply exclusively under exclusion of international private law and the UN purchasing law. This does not apply to claims regarding intellectual property law and copyright law.
For the determination of the place of jurisdiction the following applies: if the user has no general place of jurisdiction in Germany or if the user is a purchasing agent, a legal entity under public law or a special fund under public law, the place of jurisdiction is the domicile of the provider. The provider can sue the user at his/her place of jurisdiction.