General Terms and conditions for the use of friendticker
1. Scope of Application
- 1.1 These General Terms and Conditions shall apply for the use of the service friendticker of the Servtag GmbH, Rosenthaler Straße 2, 10119 Berlin, Germany (hereinafter “Servtag”) by the user (hereinafter “User”).
- 1.2 These General Terms and Conditions shall apply exclusively for this contractual relationship between Servtag and the User in the version valid at the time the contract is concluded. The User’s contrary or different terms and conditions shall not be recognized by Servtag, unless Servtag has expressly consented to their application.
- 1.3 Servtag may amend these Terms and Conditions from time to time. In such event, Servtag will inform the User about the changed conditions and highlight all changes. If the User does not agree with the amendments, it may object to the changes within one month after receipt of the amendment notice. If the User does not object to the amendment within the time set forth, changes are deemed accepted. In the event of an objection the contract shall be valid in its unaltered version, but Servtag may eventually terminate the contract with notice. Servtag's notice shall particularly indicate the right of objection, the signification of the User’s behaviour and the resulting legal consequences.
2. Specification of Service
- 2.1 Servtag provides its users with an internet based information platform, via which the User may retrieve or enter area based services and other information over its internet enabled end device (preceding and hereinafter „Friendticker“). It may in particular create locations, check in at created locations or those provided by friendticker (so called „Check-in“), locate itself and access information of other users. The user may retrieve further information from the Website www. friendticker.com. Servtag reserves the right to restrict the scope of use for non-registered Users.
- 2.2 Friendticker may be used over
the Website www.friendticker.com as well as over the application developed
for Smartphones (the „App“), whereby the scope of use between the
website and the App may differ. The App may be downloaded at the download
stores available here [Link: http://friendticker.com/home_
- 2.3 The User may access its account with its user name and password. There the User may update its personal data.
- 2.4 In regard to friendticker’s features free of costs, Servtag is entitled to change such features at its sole discretion, to the extent to which this is not unreasonable for the User, or to stop performance under consideration of eventual terms for termination.
- 2.5 If Servtag provides the User with the possibility to use friendticker’s services against remuneration, Servtag will inform the User about the payment obligations of such service prior to its contractual statement.
- 2.6 For services offered by cooperation partners on friendticker, eventual contracts are concluded between the User and such cooperation partner. As a rule, Servtag itself shall not become a party of such contracts. The services, rights and duties of such contracts are subject to the contract between the User and the cooperation partner. As the case may be the cooperation partner’s terms and conditions may be included and the User’s personal data may be collected and used by this one. Any User’s rights towards the cooperation partner shall be asserted in the relation to the respective cooperation partner only. However, Servtag reserves the right to activate the access to the cooperation partner’s offer for the User only under certain conditions (e.g. a definite number of check-ins). The conditions in detail will be displayed in connection with the cooperation partner’s offer.
3. Requirements for Use
- 3.1 Friendticker is thought for user having attained an age of at least 16 years.
- 3.2 For friendticker’s use the
User needs an Internet access. For the use via mobile phones an internet
enabled mobile phone or the installation of the App on Smartphones suitable
for the App is necessary. For Smartphones that may be used with the
App, please click here [LINK http://friendticker.com/home_
- 3.3 With the use of friendticker the User agrees to receive advertisements available on friendticker on its end device.
- 4.1 In general terms, Servtag does not levy fees for the use of friendticker. With the order of a charged service the User enters into a contractual relationship with Servtag that is beyond the registration at friendticker. The User will be informed about the costs arising for the use of the service prior to its contractual statement.
- 4.2 While using friendticker connection costs may eventually arise for the User that depend on the User’s respective mobile communication contracts or other contracts and therefore may not be subject of these Conditions.
5. Conclusion of the Contract with Servtag (Registration)
5.1 Conclusion of the contract via the website www.friendticker.com
After clicking the button „Register“ on the Website www.friendticker.com the User shall complete the required fields. The User may chose any user name. Additionally the User may activate the automatic transfer of data stored by third party providers (e.g. Facebook or Twitter) in the given fields, by clicking the corresponding button of the third party provider next to the registration formular. The User may correct, change or delete your entries in the questionnaire at any time before sending it. Servtag will notify User’s erroneous entries. By clicking the button “Register” the registration process is finalized and the questionnaire will be transferred to Servtag. Hereby the User submits a binding offer for the conclusion of a contract for the use of friendticker. In response to the offer the User will receive an automatically generated confirmation e-mail to the indicated e-mail address. With the hyperlink contained in the confirmation e-mail the User will be able to fully activate the account. With the acceptance of the first login and the provision of service Servtag accepts the offer.
5.2 Conclusion of the Contract via the App
After the activation of the App installed on the smart phone the User not registered with friendticker, yet, must, in order to register with friendticker, complete the required fields displayed in the App. As for the rest the provisions on the contract conclusion via the website shall apply correspondingly with the proviso that the account will be fully activated immediately after registration and that Servtag collects the User’s smart phone ID.
5.3 Contract on charged services
For the use of charged services the User must accept the corresponding conditions that are not subject of these Conditions. The User will be informed on the payment obligations prior to its contractual statement.
5.4 Contract conlusion with third parties
For the contract conclusion with third parties, especially with cooperation partners, sect. 2.6 shall apply. These contracts are, generally speaking, exclusively concluded between the User and the respective third party.
- 5.5 In the event of incomplete or incorrect data, namely an incorrect e-mail address, Servtag reserves the right to delete the corresponding user account. However, the User may register again by entering the data accurately and precisely.
- 5.6 Within the registration questionnaire and on www.friendticker.com these General Terms and Conditions may be accessed by a direct Link, saved via the save function of the web browser and printed via the print function of the web browser. Servtag does not save any contractual text beyond these Conditions.
- 5.7 Friendticker is available in the German and in the English language.
A contract between the User and Servtag on the use of friendticker as a registered User is concluded as follows:
- 5.1 Conclusion of the contract via the website www.friendticker.com
6. Revocation instruction
- 6.1 Revocation Right: You may declare the revocation of your contractual statement in text form (e.g. letter, fax, e-Mail) within 2 weeks without giving grounds. The period of time begins with the receipt of this instruction in text form, but not before the conclusion of the contract and not before our compliance with the information duties according to § 312c Abs. 2 BGB (German Civil Code) in connection with § 1 Abs. 1, 2 and 4 BGB-InfoV (information directive) and not before we have satisfied our obligations according to § 312e Abs. 1 Satz 1 BGB in connection with § 3 BGB-InfoV. To comply with the time limit, dispatch in good time is sufficient. The revocation shall be directed to: Servtag GmbH, Rosenthaler Straße 2, 10119 Berlin
- 6.2 Consequences of Revocation: In the event of an effective revocation all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be returned by either side. If you are unable or partially unable to return the performances received to us or to return it only in a deteriorated condition, then you have to compensate for its value insofar, where applicable. As a result you may have to fulfil your contractual payment obligations for the period until the revocation. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. For you the period of time starts with the dispatch of its revocation, for us with its reception.
- 6.3 Special Advise: the right of revocation is also extinguished if the contract your right of revocation extinguishes pretermly, if the contract was performed in full by both parties at your express wish before you have exercised your right of revocation.
End of revocation instruction
7. User’s Code of Conduct
- 7.1 Servtag is technically unable to assure if a registered user is the person, the user pretends to be. Servtag makes no representation in regard to the identity of a user. The User shall check for itself the other user’s identity.
7.2 The User shall,
- only use content for the use of Freindticker that may be publicly displayed, including making available on the internet and does not impinge upon third party’s rights;
- Observe all applicable laws and third party’s rights when using friendticker.
7.3 The User shall in particular not
- post racist, inhuman or offensive content or content against good morals;
- post content being pornographic or in contradiction to laws for the protection of the youth or to solicit, offer or distribute products being pornographic or in contradiction to laws for the protection of the youth;
- disturb other users in unreasonable manner (particularly through Spam);
- post legally protected content (e.g. by copyright, trademark, patent, industrial design or utility patent law) or to solicit, offer or distribute legally protected goods and services, in each case without being entitled to do so;
- conduct or promote anticompetitive actions, including progressive user recruitment (as chain, snowball or pyramid schemes);
- block, overwrite, modify, copy friendticker entirely or partly to the extent to which this is not necessary for the proper use of these services;
- divulge or publicly display user generated contents beyond friendticker, unless and to the extent to which this results from designated functions of friendticker;
- perform activities being suitable to affect the functionality of Servtag’s infrastructure, particularly overload it;
- 7.4 In the event of a breach of the preceding provisions or any unlawful behaviour Servtag is entitled according to its sole discretion to exclude the User from further use of friendticker temporarily, permanently, partly or entirely and, to the necessary extent, to take other measure in order to end the violation. In such cases Servtag is especially entitled to delete content from friendticker without prior notice.
8. Responsibility for user generated content, data and/or information
- 8.1 Servtag shall not be responsible for content, data and/or information provided by its users and for content of linked extern websites. Servtag does particularly not warrant that such content is true or serves or may serve a certain purpose.
- 8.2 If the User discovers a use of friendticker being contradictory to law or these provisions it shall inform Servtag correspondingly.
9. Termination and Deletion of the Account
- 9.1 The User may terminate the cost-free membership at any time without giving reasons in a written form or by email to email@example.com.
- 9.2 Servtag may terminate the membership at any time with a 14 days prior notice.
- 9.3 The right of both Parties to terminate for cause shall remain unaffected. Cause exists for Servtag in particular if the User breaches these Conditions not in a marginal manner or repeatedly, particularly if the User violates the code of conduct set forth in section 7.
- 9.4 In the event of the termination the account and the user’s content will be deleted. Servtag reserves the right not to delete the user’s content. However the user name will be removed from such content. The User may claim the partly or entire deletion if the User’s content violates section 7, due to statutory duties or if personality rights are affected. In this event Servtag reserves the right to amend the respective content to be conforming to law.
- 10.1 Servtag shows best effort to provide users access to friendticker 24 hours a day and 7 days a week. However, temporary service interruptions due to usual maintenance, to system disturbances, to internet disturbances of other providers or of operators and to force majeure may occur. Therefore, the User is not entitled to a steady and continuous access of friendticker. Servtag does not owe any definite service availability.
- 10.2 In the domain of Internet and mobile communication a performance free of disturbances is not possible. Servtag is not responsible for the steady availability of its technical systems, the accuracy or completeness, correctness or actuality of the information provided to the User or for errors of data transfer.
- 11.1 Servtag shall be liable without restriction according to the statutory provisions for damages of User caused by intentional or gross negligent conduct of Servtag or its vicarious agents as well as for personal injury and damages according to the German Product Liability Act.
- 11.2 For the rest the liability
of Servtag for damage claims is restricted in accordance with the following
provisions unless a guarantee assumed by Servtag provides otherwise:
- 11.2.1 Servtag is only liable for slight negligence if the damages have been caused by the violation of a material contract obligation (cardinal duties). Cardinal duties are such contractual obligations whose performance is required for the proper implementation of the contract and upon whose compliance User could rely. To the extent Servtag is liable for slight negligence, its liability is restricted to the typically foreseeable damages.
- 11.2.2 The liability of Servtag for damages caused by loss of data and/or programs lost by slight negligence is limited to the typical cost of restoration, which would have been incurred in case of regular and appropriate data backup by the User.
- 11.3 The provisions of the above paragraph apply correspondingly to the limitation of damages for unsuccessful expenses (§ 284 of the German Civil Code [BGB]).
- 11.4 The above liability restrictions shall also apply to vicarious agents of Servtag.
- 11.5 Servtag shall not be liable for costs arising out of services used by the User that are expressly not provided by the Servtag. This shall in particular apply to costs of data transfer from or to the User’s mobile end device.
- 12.1 The User shall indemnify, defend and hold harmless Servtag and Servtag’s affiliates, directors, attorneys, employees, shareholders and agents, from and against any claims, arising out of or related in any way to the User’s infringement of these Conditions or third parties’ rights. This shall also include reasonable attorneys’ fees. Servtag may at its sole discretion decide whether to lead defence by itself or ask the User to overtake such defence.
- 12.2 The aforementioned duties shall not apply to the extent to which the User is not responsible for the relevant infringement.
- 12.3 In the event of any claims filed by third parties the User shall immediately provide Servtag with all information necessary for the assessment of the third parties’ claims.
13. Grant of rights by the User
- 13.1 The content made available in friendticker by the User will be made available to other user in the framework of friendticker, especially for browsing. However, Servtag may use the Content as described below.
- 13.2 By making the content available
on friendticker, the User grants to Servtag a transferable, sublicensable
and non-exclusive right of use free of charge, unlimited in space or
time in regard to the content, with the right to use the content in
all known types of use. The grant of right also includes all unknown
types of use. The aforementioned right to use shall especially include
the following rights without limitation:
- 13.1 The right to reproduce, distribute, translate, rent, exhibit, recite, perform, publicly display and make publicly available (wireless or wirebound), broadcast, to combine with other works or products (including advertisement) and to change the content in connection with friendticker in any form or manner and to use the combined and changed works in the aforementioned framework.
- 13.3 The right to use the content beyond friendticker as well on other internet media and internet based types of use, e.g., z.B. RSS feeds, other internet portals and communities as well as for additional end devices (e.g. for mobile phones, game consoles, mini computers), within the scope of the preceding grant of rights.
- 13.4 In general the user name will be automatically joined to the content. However, the User resigns from the right to be explicitly mentioned as copyright holder of such content as the case may be.
- 13.5 The grant of rights is gratuitously in return to right to use friendticker. §§ 32, 32a, 32c UrhG (German Copyright Act) shall remain unaffected.
- 13.6 The User shall only post content if it is the copyright holder and/or if it dispose of sufficient rights therefore (e.g. use and exploitation rights) and if it is allowed to a use according to sect. 13.2, especially the right to public display, making it publicly available, change und sublicensing is permitted.
- 13.7 Additionally, if posted content also displays other persons in a recognizable manner, such posting may only be made if such third person has given its respective consent.
14. Grant of use rights to the User
The User is entitled to browse all content published on friendticker. It is not allowed to download for permanent storage, change or divulge or publish content available on friendticker not owned by the User.
- 15.1 The service of an interactive Website is based on the exchange and publishing of user information, news and data. Every user is free to decide which user related information beyond its user name is available to other Servtag does not Confidentiality of any transmissions may not be assured.
- 15.2 Servtag collects, uses and processes personal data within the execution of the contract according to statutory provisions.
- 15.3 As for the rest and subsequent to the user’s consent the provisions of the privacy statement shall apply.
16. Applicable Law, Place of Performance and Venue.
- 16.1 This contract is subject to the laws of the Federal Republic of Germany excluding the United Nations Convention on the International Law of Sales (CISG), even if the User’s residence or place of business is located in a foreign country.
- 16.2 Place of Performance is Berlin, Germany.
- 16.3 The principal place of business of Servtag shall be the exclusive venue for all current and future claims arising out of or in connection with the business relationship with merchants, public law legal entities or special public law funds, unless statutory provisions provide for another exclusive. The same venue applies if the User does not have a domestic general venue, moved its residence or usual place of abode to another country after conclusion of the contract or its residence or general abode is unknown at the time the suit is filed. Statutory provisions of European Jurisdiction and Enforcement Regulation shall remain unaffected.
- 16.4 The English translation of
these General Terms and Conditions shall only serve the better understanding
and is intended as a reading version. In case of ambiguities, the German
version available here [LINK: http://de.friendticker.com/
home_page/show_agb] shall prevail.
1. Data Collection
- When using friendticker Servtag collects personal data in different manners.
- a) In connection with the registration the data entered by the User, especially the indicated e-mail address will be stored. The possibility of an anonymous use shall remain unaffected. If the registration is made via the App the transferred identification number of the smart phone will be stored as well.
- b) The IP address will be stored with every use over the website and the transferred identification number with every use via the smart phone.
- c) If the User activates the function of automatic localisation by the App, the necessary location data will be retrieved and stored for the time of the connection. If the User employs the manual check-in function of friendticker or creates locations the user name will be stored in connection with the respective place.
- When using friendticker Servtag collects personal data in different manners.
2. Use of data
- The data collected as mentioned above will be used and processed for the services provided to the User resulting from the concluded contract. Servtag is especially entitled to transmit the User’s personal data to third parties that need such data to invoice the services provided to the User by Servtag.
- The user name, manual check ins, eventual pictures or other postings including locations created by the User will be visible for other friendticker users. These contents may also be found by search engines. However, especially the e-mail address will not be made available for other friendticker users and may not be found by search engines.
3. Data Access by the User
- The User may access and change its entries within the user account at any time by using its user name and password or fully delete the user account.
4. Cookies and Log files
- When using friendtlicker Servtag places Cookies. Cookies are files of small size that are placed on the User’s end device, especially to facilitate the navigation. Placing of Cookies may be prevented by a corresponding setting of the browser. However, this may lead to a limited functionality.
- In a protocol file Servtag anonymously stores the information provided by the User’s browser to Servtag. This includes:
- Browser type and version
- used operating system
- Referrer URL (the site visited before)
- Hostname of the computer (IP address)
- Time of server request.
- The User's end device type
- Operating system of the used end device
- The end device ID attributed by the manufacturer
- Used functions of the application (e.g. check-in)
- Time of the function's use
- Note: For Servtag these data are not contributable to distinctive persons.
- For Servtag these data are not contributable to distinctive persons.
5. Revocation, Information and Contact Person
- The User may revoke its consent in the collection, use and processing of its data at any time for the future by using the following address. In the event of a complete revocation Servtag will deactivate the user account. Any contents posted by the User may be upheld to ensure the communication comprehensibility, unless the User’s personal data is affected.
- In the event of any questions related to the collection, processing or use of its personal data or for any other questions related to its data the User may contact the Servtag data protection representative under firstname.lastname@example.org or contact Servtag GmbH
Rosenthaler Straße 2
10119 Berlin, Germany