Object and Sphere of Validity of These Usage Terms and Conditions
These General Business Terms and Conditions (AGB) shall regulate the rules and obligations be-tween us as the service provider and you as the user in conjunction with the use of the “Fol-lowistic” services rendered by Followistic, Lda (with limited liability).
Exclusively our AGB shall be valid. In the event that your AGB should deviate from these AGB or provisions thereof should oppose each other, we shall not recognise your AGB unless we have expressly approved their validity in writing or in text form.
Conclusion of Contractual Agreements
Insofar as nothing to the contrary has been expressly agreed in the individual case, a contractual agreement shall only then be considered to have been concluded upon the successful comple-tion of the registration process and our confirmation in text form (e.g. e-mail).
You shall have the option of printing out the text of the contractual agreement during the regis-tration process and before concluding the contractual agreement.
No right exists to conclude a User Agreement. We are at liberty to reject any offer from a user to conclude a contractual agreement without being required to provide reasons for so doing.
In order to register, you are required to be at least 16 years of age. Minors are permitted to reg-ister only if those persons with legal powers of representation (e.g. parents) have approved this registration. We shall have the right in the individual case to demand that you present docu-mentation that such an approval has been granted.
Responsibility for Access Data
You must keep the registration data (name, e-mail address, etc.) confidential that you have pro-vided for usage purposes and not make them available to unauthorised parties.
Moreover, you must ensure that the access to and the use of our Internet pages with the user data are undertaken exclusively by you and/or authorised users. Insofar as factual circumstanc-es exist that substantiate the assumption that unauthorised third parties have acquired knowledge, or will acquire knowledge, of your access data, we must be promptly notified of this.
You shall be liable in accordance with the legal directives for any use and/or any other activity which is undertaken while using your access data.
It is your responsibility to ensure that the user name that you select does not violate third-party rights–particularly naming or trade mark rights.
Information concerning the exercise of the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day ￼of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Followistic, Lda, Rua Dr. Justino Cruz, 90, 9° andar, 4700-314 Braga, Portugal, E-Mail: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimburse-ment using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reim-bursement.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To Followistic, Lda, Rua Dr. Justino Cruz, 90, 9° andar, 4700-314 Braga, Portugal, Email: [email protected]:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate
As the service provider, we offer you the possibility that visitors to your web site can subscribe to content with certain features such as, for example, your themes or your authors by e-mail via a script which is embedded in your web site by means of which our server can be accessed. The affected users will then receive an e-mail notification when articles have appeared on your In-ternet page which fit the themes to which the respective visitor has subscribed. Moreover, we offer you usage analysis which will show you, for example, how many visitors have gone to your Internet page as the result of our notifications.
For visitors to the Internet pages who have integrated our Followistic services, we offer the op-tion of subscribing to certain themes on an Internet page. These users then receive an e-mail notification if contents that are suitable for subscription have appeared on this Internet page.
We reserve the right to expand and improve our services at any time. No claim exists to the of-fering of additional functionalities via the services described in Sub-Clauses 5.1 and 5.2.
Your General Obligations
You are obliged to truthfully provide information in conjunction with your use of Followistic.
You shall be obliged to follow the applicable laws when using our services. This shall be valid particularly for legal obligations for service providers to identify themselves (“Imprint”) and ob-ligations to provide information (such as, for example, instructions on cancelling the services).
As the operator of a web site which has integrated our services, you shall be obliged to notify the visitors to your web site about using Followistic and the related use of the data in a suitable form (e.g. in the comments regarding data protection).
Availability of the Services
For our fee-based services, we shall guarantee the availability of the services in our sphere of re-sponsibility of 99% on a yearly average. The following are not included in the calculation of availability: The regular maintenance windows which can be up to two hours per week and, as a rule, are implemented between 0:00 a.m. and 6:00 a.m. Central European time.
Insofar as our services have been rendered upon a free-of-charge basis, we request your under-standing that we endeavour to provide the service without any disruptions. However, we guar-antee no specific level of availability in this regard.
Responsibility for Contents
You yourself shall be solely responsible for the contents which you publish on your Internet pages and regarding which the Followistic users are notified by us by e-mail who have made a corresponding subscription. We shall have no influence on the contents which you publish and, in principle, shall undertake no controlling of them. However, in the event that we receive com-plaints about or otherwise become aware of illegal usage, we reserve the right to make corre-sponding controls and, where applicable, to also undertake blocks insofar as the usage violates applicable law or these AGB.
Upon integrating our script into your Internet pages, you are hereby respectively granting us a right of use to the contents, which is free-of-charge, simple and can be revoked at any time in the future, insofar as this is required for the rendering of our contractual services for you and our users.
You hereby declare and guarantee to us that you are the sole holder of all rights to the contents which you have published on your Internet site, and/or are otherwise entitled (e.g. through a valid approval granted by the holder of the rights) to publish the contents on your Internet site.
When using our services, actions are forbidden which violate applicable law, third-party rights or the principles of protecting the welfare of minors or children. In particular, the following actions are forbidden:
- The publishing, dissemination, offering and advertising of contents, services and/or products which are pornographic, violate laws to protect the welfare of minors and children, data pro-tection law and/or any other law and/or are fraudulent;
- The use of contents which offend or defame third parties;
- The use, supplying and dissemination of contents, services and/or products which are legally protected or encumbered with third-party rights (e.g. copyrights) without being expressly en-titled to do so.
Moreover, independent of any legal violation that is committed during the usage of our Internet pages, the following activities are forbidden:
- The dissemination of viruses, Trojan viruses and other damaging files;
- Sending junk or spam e-mails as well as chain letters;
- The dissemination of salacious, indecent, sexually suggestive, obscene or defamatory con-tents and/or communication as well as such contents and/or communication which is/are suitable for promoting and/or supporting racism, fanaticism, hate, physical violence or illegal actions (regardless of whether they are explicit or implicit);
Any action is likewise forbidden which is suitable for restricting the seamless operation of our Internet pages–particularly placing excessive workloads on our systems.
We may temporarily or permanently block the use of our services if concrete indications exist that you are violating, or have violated, these AGB and/or valid law, or if we otherwise have a justified interest in undertaking a block. When making the decision about whether to block you, we shall appropriately take your interests into consideration.
Upon our initial request to do so, you shall indemnify us from all claims which third parties as-sert against us as the service provider as the result of your violation of legal directives, third-party rights (particularly personal rights, copyrights and trade mark rights) or your failure to fulfil contractual obligations, assurances or guarantees including the costs for the required legal de-fence (attorneys’ fees and court costs in the statutorily prescribed amount).
In the event that claims are asserted in accordance with Sub-Clause 11.1, you shall be obliged to cooperate, promptly and fully, in the clarification of the factual sets of circumstances and to provide us with the required information in a suitable manner.
Prices & Payment
We shall offer our services in various free-of-charge and fee-based variants. The agreed prices are specified in the respectively valid price and payment information.
Contractual Term & Termination
The contractual relationship shall run for an indeterminate period of time.
You shall have the right to make termination at any time with the termination to become effec-tive at the end of the respective month without being required to state reasons for so doing. The termination may be declared in writing or by e-mail. Any still existing claims upon our part against you (e.g. for the payment of fees) shall remain unaffected.
We shall have the right to terminate the contractual relationship by providing one month’s no-tice with the termination to become effective at the end of the respective month.
Each party’s right to make extraordinary termination shall remain unaffected.
In the event that we have committed intentional wrongdoing or gross negligence, we shall be li-able in unrestricted scope for all damages which we have caused in conjunction with the render-ing of the contractual services.
In the event that we have committed simple negligence, we shall be liable in unrestricted scope for the loss of life, physical injury or damage to health.
Otherwise, we shall be liable in conjunction with the rendering of fee-based services only insofar as we have violated an essential contractual obligation. In this regard, essential contractual obli-gations shall refer abstractly to such obligations whose fulfilment only then makes possible the proper implementation of the contractual agreement at all and upon whose adherence the user may regularly rely.
Insofar as our liability is excluded or restricted in accordance with the aforementioned direc-tives, this shall also be valid for our vicarious agents.
The liability prescribed in the German Product Liability Act shall remain unaffected.
In order for you to be able to use our services, we must be able to send you e-mails. This con-cerns, for example, information about newly published articles or status e-mails which will in-form you whether and how certain functions have been used.
Thus, please ensure that the e-mail address you provide is correct and can be contacted.
We will notify you of new functions of our service via our newsletter. You may unsubscribe from the newsletter at any time. A note about unsubscribing from the newsletter is included in each newsletter e-mail.
We shall ensure that the users’ personal data are collected, saved and processed only insofar as this is required for the rendering of the contractual services and is permitted in accordance with the statutory directives or has been decreed by the legislature. We shall keep personal data con-fidential as well as handle them in accordance with the provisions of the valid data protection laws and not pass them on to third parties insofar as this is not required for the fulfilment of the contractual obligations and/or a legal obligation exists to disclose them to third parties.
In the event that, when using our Internet pages, declarations of consent under data protection law are obtained from you, reference shall be made to the fact that you may revoke them at any time with validity for the future.
Any additional notes about data protection and the purpose, type and scope of the collection, processing and use of personal data can be found in the Data Protection Declaration which can be accessed at any time by clicking on the “Data Protection” link.
We reserve the right to make changes to these AGB at any time with validity–including even within the existing contractual relationships.
We shall notify you in text form (e.g. e-mail) at least 6 weeks before the planned changes be-come effective.
Insofar as you do not object to the changes within 6 weeks after receiving a notification of such planned changes and continue to use the services–even after the lapsing of the timeframe for lodging objections, the changes shall be considered to have been effectively agreed upon the lapsing of this timeframe. In the notification of the changes, reference shall be made to your right of objection and to the consequences of lodging such an objection.
In the event that you lodge an objection, we shall be entitled to end the contractual relationship with you when the planned changes become effective.
The law of the Portuguese Republic shall be valid whereby the validity of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.
If you are an entrepreneur, a juridical person under public law or a special foundation under public law, our commercial residence shall be the exclusive legal venue for all disputes arising from the contractual relationship.
In the event that individual provisions of these AGB should be or become invalid, this shall not affect the validity of the rest of the provisions.