Terms and Conditions for the use of the portal www.www.shiva-zanzibar.kdn-int-mark.de, hereinafter referred to as “Portal”.
1. User agreement
a. By using the service of the Portal, the user accepts the Terms and Conditions (hereinafter referred to as the Terms and Conditions).
b. Conflicting terms or conditions deviating from these Terms and Conditions are not recognized or require express written permission to be effective.
c. The Portal endeavors to adapt and improve the Terms and Conditions within the scope of Portal extensions and renewals. The Portal reserves the right to change these Terms and Conditions at any time without giving reasons. Therefore, the Terms and Conditions that are available at the time of the specific use of services of the Portal on one of the pages apply.
2. User obligations
2.1. Every user
a) agrees to the use of content posted by him in connection with his username.
b) grants the Portal unlimited rights in terms of time, space and content for copying, public access, editing and transformation and dissemination of the content posted by it for the purpose of operating the service.
c) agrees that the Portal will handle the content posted by him (the user), in particular changes the formatting, adapts the quality of the presentation or shortens content.
2.2 Users are required to
a) not to publish any unlawful or infringing the rights of third parties content.
b) stop posting content that infringes the intellectual property of others, copyright, trademark or other proprietary rights. The user has to carry out the necessary verifications of admissibility.
c) use information obtained solely for private purposes,
d) to keep confidential e-mails and other messages for the protection of correspondence and telecommunications secrecy and to make them accessible to third parties only with the express prior consent of the sender.
e) not to harass anyone with communication attempts
f) not to send the same request to multiple users simultaneously (for example, chain letters, unsolicited mass mailings, spam e-mails or junk e-mails).
g) not to implement, promote or promote any structural distribution activities (such as multi-level marketing or multi-level network marketing).
h) not to send e-mails to users for any purpose other than personal communication, including not to promote or offer goods or services to other users (except in cases where this is expressly permitted by the Portal).
i) to refrain from blocking, overwriting, modifying, copying or distributing generated content. This also applies to copying by means of “robot / crawler” search engine technologies or other automatic mechanisms.
j) not to use any mechanisms, software or scripts in connection with the use of the Portal.
k) not to take any action that may affect the functionality of the platform.
2.3. Users are fully responsible for the information they post on the portal.
3. Service offer
3.1. The user agrees to use the portal only in a way or for a purpose that does not violate or violate the terms of use or applicable German law.
3.2. The portal is not liable for
a) the information provided by users.
b) statements made by users.
c) the unauthorized acquisition of personal user data by third parties.
d) information which the user himself has made accessible to third parties and which they misuse.
e) the breach of duty of one user towards another user due to a conflict between any two contracts.
f) the misuse of information by users or third parties.
g) direct or indirect damages or disadvantages resulting from the use of the portal services, unless they are based on intent or gross negligence of the Portal or in case of slight negligence damage to health or a material contractual obligation, therefore an obligation the fulfillment of which makes it possible to achieve the purpose of the contract and the proper performance of the contract in the first place and on whose compliance the user may regularly rely. Claims for damages in this case are limited to the typical foreseeable damage.
3.3. The portal is entitled, but not obliged, to check the content of any text as well as submitted photos or graphic files for compatibility with the general laws or these Terms and Conditions, and, if necessary, to change or delete the respective contents.
3.4. Insofar as the user notices a use of the Portal that violates the law or the contract, he can report them using the contact form provided on the Portal.
3.5. The content and information provided by the Portal itself have been compiled with the utmost care. For content completeness and correctness, however, no guarantee can be given in individual cases. The contents are made available as they are. No liability can be accepted for any errors.
3.6. For the websites of third parties to which the Portal refers by hyperlinks, the respective providers bear the full responsibility. The Portal is not responsible for the content of such sites. Furthermore, it is possible to refer to the offer of the Portal without the knowledge of the operating company from other sites via hyperlinks. The Portal accepts no responsibility for representations, content or any connection to third party websites.
4. Exemption
4.1 The user releases the Portal from all claims (including claims for damages) made by other users or other third parties against the portal based on actions taken by the user.
4.2. The User assumes all costs arising from an infringement of third-party rights, including the costs of the necessary legal defense, legal and legal fees. All further rights as well as claims for damages of the portal remain untouched.
5. Availability
5.1. The Portal endeavors to provide users with the services on the platforms without interruption or delay; however, this is not guaranteed. The user acknowledges that 100% availability is technically not generally guaranteed. The portal reserves the right to suspend or limit the services for maintenance, security or capacity reasons.
5.2. Insofar as access is temporarily restricted or interrupted due to a measure planned by the portal for the maintenance, repair, modification or improvement of the platform or other reasons which are also in the interests of the users, the portal shall endeavor to announce this in good time in advance by means of appropriate information and to take such measures at low times.
6. Final provisions
6.1. Place of fulfillment is the loacation of the Portal. The sole place of jurisdiction for all disputes between the parties arising from the contractual relationship is Munich, as far as the user is a registered trader, a legal entity under public law or a special fund under public law. The contractual relationship is governed exclusively by German law, excluding UN sales law and international private law.
6.2. All declarations that are submitted in the context of the contract of use to be concluded with Portal must be made in text form or by e-mail.
7. Severability clause
Should any provision of these terms and conditions be or become invalid or unenforceable, the remaining provisions of these terms and conditions shall remain unaffected, unless the termination of individual clauses would disadvantage one party so unreasonably that it could no longer reasonably be expected of the contract ,