The plentypins web application (hereinafter referred to as "plentypins") is operated at www.plentypins.com and further domains belonging to Rueckert Consulting, Lars Rückert, Akademiestr. 8, 34121 Kassel, Germany (hereinafter referred to as "operator").
plentypins brings the good old pinboard to the web. Specifically, with plentypins the user has the opportunity to arrange various contents, such as memos, bookmarks, photos, appointments, etc. on a virtual pinboard and collaborate with friends, acquaintances in clubs or from sports associations or family members. In the process, various pinboards can be set up for various topics, on which groups which are separate from one another can edit the contents.
plentypins can be comprehensively used worldwide using different devices, and is user-friendly.
1. Scope of validity
1.1 These terms and conditions of use shall apply to using plentypins with all its functions, services and rules concerning the contractual relationship between the operator and the user of the application (hereinafter referred to as "user"). Any general terms and conditions of business of the user shall only form part of the contract if the latter has expressly been agreed with the operator in writing.
1.2 Should it be necessary, for special applications within plentypins additional terms and conditions of use may be agreed. The operator shall make reference to any additional terms and conditions of use prior to use.
1.3 These terms and conditions of use are directed towards both consumers and companies. Consumers are natural persons who conclude a legal transaction for a purpose which is not attributable to either their commercial or freelance professional activity. Companies are natural or legal persons or business partnerships vested with legal capacity which act to exercise their commercial or freelance professional activity when concluding a legal transaction.
2. Subject of the agreement
2.1 The subject of the agreement is paid and unpaid use of the Plentypins application, which can be accessed via app.plentypins.com.
The application is designed as follows.
Each user has his or her own profile, which he or she can design using text and visual data (e.g. photos).
One or more pinboards, which the user can fill up with various types of content (pins) prescribed by the operator, are assigned to every user profile. The originator of the pinboards, along with any additional administrators appointed by said user, is responsible for the contents stored as pins. The originator, along with any additional administrators existing, controls who can see the contents of the pinboards concerned, by inviting further users. The pinboard is not visible to the public without an invitation.
All users of the pinboard in question can view, edit or delete the contents.
By way of a reminder or distribution function, particular pins can be delivered and shown to users of the pinboard or outsiders in the form of an e-mail.
2.2 plentypins is an application for enabling users to exchange information privately. The operator provides the technical prerequisites for that purpose. The operator is not involved in the content of the networking and communication.
2.3 plentypins is available for use 24 hours per day and 365 days per year, having an average availability ("system uptime") of 99%. Should maintenance work be necessary, and should plentypins therefore not be available, the operator will, if possible, inform users in good time. Any unavailability of the platform due to maintenance work will not affect the uptime. The operator shall not be responsible for any system downtimes caused by any Internet or network problems, and in particular not for any downtimes in which the application cannot be accessed via the Internet due to technical or any other problems which do not fall within its sphere of influence (e.g. Acts of God, fault on the part of third parties, etc.).
3. Rights and obligations
3.1 Registration, the contract's coming into force
3.1.1 In order to use plentypins it is necessary to register. By registering the user warrants that it does not presently have an active account with plentypins. Every user may only register once, and thus only possess one active account.
3.1.2 In order to register with plentypins, in so far as any data is not marked as being voluntary the necessary data supplied needs to be true and complete. All data needs to be updated without delay in the event of any change, so that it can be ensured that the use of the site runs smoothly. The application is completed once plentypins has sent an e-mail (including the terms and conditions of use), and, based on that, the user has confirmed the application (double opt-in).
3.2 Conclusion of the agreement
3.2.1 Upon completing registration in full, a use agreement comes into force between the operator and the user.
3.2.2 No claim to concluding a use agreement exists. The operator reserves the right to decline enquiries regarding registration at any time, without giving reasons. Any information and data of the user already supplied will, in such a case, naturally be deleted.
3.2.3 The user may provisionally use plentypins free of charge, within the scope of a test phase. The operator reserves the right to introduce use models with variable functionality for a fee at any time. No claim exists on the part of the user to use the site free of charge in the future.
3.3 Responsibility for login data
The user shall be responsible for the confidentiality of his or her own password. That means that the user's password for access needs to be kept secret and may not be divulged, and the user will not tolerate any third party knowing it, nor make it possible for a third party to be aware of it, and shall take the necessary steps to guarantee confidentiality. In the event of abuse or loss of such details or a suspicion in that regard, the user shall be obliged to notify plentypins of the latter by e-mail, at the e-mail address firstname.lastname@example.org, without delay.
3.4 Rules on the use of plentypins
3.4.1 When using plentypins, the user needs to adhere to any applicable laws or any other statutory requirements of the Federal Republic of Germany. The user may, in particular, not place on the site or distribute any data or contents, such as texts, images, graphics and links, which violate any statutory requirements or infringe any protected rights or copyrights, or any other rights, of third parties. The user shall be responsible himself or herself for the data and contents provided by him or her. The operator shall check the contents, either for their accuracy or for freedom from viruses or else the technical possibility to remove any viruses.
3.4.2 The user has the opportunity to upload a profile picture to his or her profile,and upload data, such as documents, images, etc., to the pinboards. Prior to uploading any file or any photo, the user shall be obliged to ensure that he or she has the exclusive right of use in the photo or file, and that publishing the picture or the file does not violate any statutory provisions, common decency and/or rights of third parties.
3.4.3 The user may not upload and/or make publicly accessible any files showing violence or having any pornographic, discriminatory, insulting, racist or slanderous content, or any other illegal contents or representations. Moreover, it is prohibited to upload image files on which either exclusively or partially company designations, trademarks or any other business designations or any other protected signs are shown. The latter shall, of course, not apply if the user is entitled to use them, i.e. he or she is the proprietor of the rights in the corresponding logos, or the proprietor of the rights has permitted him or her to use such designations.
3.4.4 The user may only place any images or photos with persons other than himself or herself on plentypins if such person's consent has been obtained
3.4.5 Any images and files placed on the site may be deleted or substituted by the operator or the user at any time. The operator shall in particular be entitled to remove images or files, without giving prior notice, if and in so far as there is specific evidence to the effect that statutory provisions, common decency and/or any rights of third parties are being infringed through the latter being published on plentypins.
3.4.6 Any contents and texts placed on plentypins may not be copied, distributed or otherwise published without the consent of the proprietor of the rights unless the latter is statutorily permitted.
3.4.7 Undertaking or promoting any anti-competitive actions is prohibited. The latter also includes any progressive canvassing, such as chain systems, multi-level selling and pyramid sales.
3.4.8 No nuisance actions, such as sending chain letters or salacious or sexually-orientated communication, may be engaged in.
3.4.9 It is forbidden to undertake any attacks on the functionality of plentypins, such as sending out mass e-mails (SPAM), hacking attempts, brute force attacks or the use or sending out of spy software, viruses and worms.
3.4.10 If the user violates any of these rules, the operator shall be entitled to warn such user, temporarily block him or her, or, if necessary, even entirely exclude such user from using plentypins. The operator shall be entitled to immediately remove any illegitimate content.
3.4.11 Personal support in using plentypins can only be granted to users of use models that are subject to a fee. The support will be provided based on a communication by e-mail.
3.5 Exemption from liability
3.5.1 The user hereby exempts the operator from any claims, including claims for damages, which other users or any other third parties, including authorities, may assert against the operator due to infringement of their rights by the contents placed by said user on plentypins. Moreover, the user hereby exempts the operator from any claims, including claims for damages, which other users or any other third parties, including authorities, may assert against the operator due to infringement of their rights through the use of plentypins by said user. The user accepts any reasonable costs, including the reasonable expenses incurred for legal defence, which are incurred to the operator due to an infringement of rights of third parties by said user. Any further rights, as well as claims for damages on the part of the operator, shall not be affected thereby. The user shall be entitled to prove that lower costs than those claimed have in fact been incurred by the operator.
3.5.2 The foregoing obligations shall only apply in so far as the user is responsible for the infringement of rights in question, i.e. he or she is acting knowingly or with intent, or has failed to exercise the necessary commercial care.
3.6 Data back-up
The user shall take the relevant precautions to regularly back up the data and contents placed or stored on plentypins or uploaded to the site by him or her, in keeping with the level of risk, and create his or her own back-up copies, in order to be able to guarantee the reconstruction of same in the event of loss of data and information.
3.7 Identity of users
It is not technically possible for the operator to establish with certainty whether a user registered on plentypins actually does have the identity that he or she purports to have. The operator can therefore not provide any guarantee in regard to the correct identity of the user.
4. Information for consumers on the right of revocation
Right of revocation
Consumers may cancel their contractual declaration in text form (e.g. by letter, fax or e-mail) within 14 days without giving reasons. The deadline shall begin to run upon receipt of such information in text form, however not prior to concluding the agreement and also not prior to fulfilling the obligation to provide information under Article 246(2) in conjunction with Sec. 1(1) and (2) Introductory Act to the German Civil Code (EGBGB) or prior to the operator fulfilling its obligations under Sec. 312g(1)(1) German Civil Code (BGB) in conjunction with Article 246(3) Introductory Act to the German Civil Code. In order to preserve the revocation deadline, despatching the revocation in good time shall suffice. The revocation is to be addressed to:
Att: Lars Rückert
Consequences of revocation
In the event of an effective revocation, the benefits received by the two parties are to be returned, and any benefits derived therefrom (e.g. interest) released. Should the user not be able to return or release the benefit and use received (e.g. benefits of use) to the operator, or only partially or in an impaired condition, said user shall be required to provide the operator with compensation for lost value. The latter may lead to the contractual payment obligations nevertheless having to be fulfilled for the period of time until the revocation. Any obligations to make refunds must be fulfilled within 30 days. The deadline shall begin for the user upon despatch of the declaration of revocation, for the operator upon receipt of it.
The right of revocation shall lapse prematurely if the agreement has, at the user's express wish, been entirely fulfilled by both parties prior to the user exercising his or her right of revocation.
End of the information on revocation
5. Responsibility for contents
5.1 The operator shall not accept any responsibility whatsoever for the texts or the contents, images, data and/or information provided by users, nor for contents of any linked external websites. The operator in particular does not warrant that such contents are true, fulfil a particular purpose or may serve such a purpose.
5.2 Should the user notice or presume any use of plentypins that infringes rights or is contrary to contract, said user shall notify plentypins of the latter without delay, using the e-mail address email@example.com.
6. Liability for defects
6.1 The operator shall only be liable for any defects in the application in accordance with this Clause 6 if the impairments are not based on limitations in the availability of the site (system downtime), which is conclusively regulated in Clause 2.4.
6.2 A defect shall always be present if the application's suitability for contractually agreed use is annulled or is not inconsiderably reduced. Should the application's suitability for contractually agreed use be annulled entirely, the user shall be exempted from paying his or her fees, when booking a use model that is subject to a fee, until the defect has been remedied. In the case of partial unsuitability, the fee shall be reduced to a reasonable level for the period of time until the defect is remedied.
6.3 The user shall be obliged to inform the operator of the defects which have occurred, in writing or by e-mail, without delay.
6.4 The user shall not have any claim to compensation for damage due to a defect in plentypins which existed upon concluding the agreement or which occurred subsequently due to a circumstance which is not the operator's fault.
6.5 No further claims and rights due to defects in plentypins, or any claims other than those expressly specified in this Clause 6, shall exist in so far as the operator does not continue to be liable based on mandatory statutory provisions.
7.1 Any claims on the part of the user to damages shall be excluded. Excepted herefrom shall be any claims for damages on the part of the user arising from injury to life, the body or the health or from the infringement of significant contractual obligations (cardinal obligations), as well as liability for any losses which are due to a wilful or grossly negligent breach of duty on the part of the operator or its legal representatives or assistants. Cardinal obligations within the meaning of these terms and conditions of use shall be any obligations which first make it possible to execute the agreement in an orderly manner and achieve its aim, and adherence to which the user may therefore usually trust.
7.2 In the event of any significant contractual obligations being infringed, if the latter has been caused through slight negligence the operator shall only be liable for contractually typical, foreseeable damage, unless claims for compensation for damage on the part of the user arising from injury to life, the body or the health are concerned.
7.3 Claims in accordance with the Product Liability Act shall not be affected thereby.
7.4 The limitations of Clauses 7.1 and 7.2 shall also apply in favour of the operator's legal representatives and assistants if claims may be asserted directly against the latter.
8.1 The agreement is, depending upon the use model, being concluded for either an indefinite period of time or a specific fixed minimum period (hereinafter referred to as "minimum period contract").
8.2 Either party may terminate the contract at any time.. Should the user change over to another user category, this shall not constitute termination. The operator shall simply adjust the terms and conditions concerning remuneration and rights to the new user category.
8.3 Contracts having a minimum duration shall run until the end of the agreed period of time, and are, in each case, extended automatically by the same duration if the user does not terminate the contract in advance.
8.4 The contract may, moreover, be terminated by either party for a significant reason. A significant reason entitling the operator to terminate the contract shall in particular exist if the user infringes any contractual obligations. This in particular concerns the rules of use of Plentypins described in Clause 3.5.
9. Modifications of the application and prices
9.1 The operator reserves the right to be able to alter or deactivate individual functions of the application or plentypins as a whole at any time.
9.2 The operator reserves the right to be able to change the prices of use models of plentypins that are subject to a fee at any time. Any price changes will be pointed out at least 30 days before coming into force. The user shall, as a result, have the opportunity to terminate the account or change over to a free variety prior to renewing his or her payment period.
10. Final provisions and amendments
10.1 The law of the Federal Republic of Germany shall apply.
10.2 Should the user not have any general place of jurisdiction in Germany or in another EU Member State, or should he or she have relocated his or her permanent place of residence abroad after these terms and conditions of use have taken effect, or should his or her residence or usual place of residence not be known as at the date of an action being filed, the exclusive place of jurisdiction for any disputes arising from this agreement shall be the registered office of the operator.
10.3 Should any individual provisions of these terms and conditions of use be or become invalid and/or contradict the statutory provisions, the validity of the remaining terms and conditions of use shall not be affected thereby. The invalid provision shall, by mutual agreement, be replaced by the parties to the agreement by a provision which most nearly approaches the economic purpose of the invalid provision in a legally valid way. The foregoing provision shall apply accordingly to any loopholes.
10.4 The operator reserves the right to amend these terms and conditions of use, in particular Clauses 3.1 and 3.5, as well as the scope of service. The current respective version of the terms and conditions of use can be requested via firstname.lastname@example.org or accessed via www.plentypins.com/nutzungsbedingungen. The user will be notified of the amendments by e-mail no later than one month prior to the new version of the terms and conditions of use coming into force. Should the user not oppose the validity of the new terms and conditions of use within one month of their coming into force, the new terms and conditions of use shall be deemed to have been accepted. The operator shall point out to the user the significance of the one-month deadline and the right of opposition separately in an appropriate form, as well as the legal consequences of remaining silent.