Terms of Use for Club GLOBALS as of November, 25th 2016

 

  1. Application of the Terms of Use

These Terms of Use shall bind and exclusively govern the use of the Service. Read the Terms of Use carefully to become familiar with your rights and responsibilities when using the Service. By accepting these Terms of Use, a binding contract is created between the User and Club GLOBALS for the use of the Service. Using the Service will be taken as acceptance of the Terms of Service. The Terms of Service are available to be downloaded and printed.

 

  1. Definitions

2.1       App:

The App of Club GLOBALS for mobile devices (including any version thereof) described on the Website, under the various distribution platforms, within the respective App itself or in these Terms of Use.

 

2.2       User:

A natural person who is registered with a User Account.

 

2.3       User Content:

Any content that is provided by the User through the Service, including any information in the Profile, postings, profiles, images, and messages.

 

2.4       User Account, Account:

The account created by the User when registering for the Service. This account is managed by the User and contains the Personal Data specified by the User during the registration process.

 

2.5       Privacy Policy:

The privacy policy (Privacy Statement) of Club GLOBALS available on the Website www.ClubGLOBALS.com/privacy.

 

2.6       Service:

All services provided through the Website or App, including any Additional Services performed by Club GLOBALS.

 

2.7       Intellectual Property Rights:

All intellectual property rights, including but not limited to copyrights, trademarks, patents, utility models, design rights, trade and/or company names, database rights and any associated rights, related rights and rights to knowledge.

 

2.8       Terms of Use:

These terms and conditions applicable to the overall use of the Service.

 

2.9       Contract:

The contractual agreement between Club GLOBALS and the User for the access to and use of the Service or any Additional Services.

 

  • Personal Data:

All data relating directly or indirectly to a natural person.

  • Club GLOBALS:

The G1OBALS GmbH, Leipziger Straße 47, 10117 Berlin, whose brand is Club GLOBALS.

 

  • Profile:

The part of the User Account that is visible to other Users.  The Profile forms part of the User Account.

 

  • Parties:

The User and Club GLOBALS.

 

  • Website:

All websites, domains, IP-addresses and all pages owned by Club GLOBALS, including but not limited to http://www.ClubGLOBALS.com

 

  • Access Information:

The User’s Profile name and password necessary to access the User Account and the Service.

 

  • Additional Services:

Additional fee-based services offered by Club GLOBALS and described on the Website or in the App.

 

  1. Use and User Account

3.1       For the best possible use of Club GLOBALS the User must create a User Account in accordance with the instructions contained on the Website or in the App.  The User can change, update or delete the Profile via the User Account. The User must keep the Access Information confidential. The User is wholly responsible and liable for the use of the Service through their User Account.  The User must inform Club GLOBALS when they know or have reason to believe that a third party has used the Service via their User Account.  Independently of this obligation the User must also take immediate and effective actions in such a case to prevent any further use of the Service by the third party, such as by changing the password to their User Account.

 

3.2       The use of Club GLOBALS is limited to natural persons who are of legal age and are legally competent. By accepting the Terms of Service the User agrees that they are of legal age and are legally competent. A User may only create a User Account for their own personal use.  The creation of a User Account for a third party is not permitted.

 

3.3       Club GLOBALS shall not be liable for any damages resulting from any unauthorized access or use of the Service by the User or any third party.

 

3.4       The User shall, at the request of Club GLOBALS, provide to Club GLOBALS any additional information for checking the User’s Personal Data and User Content. After reviewing any additional information, Club GLOBALS may at its discretion decide to change or delete the User’s Personal Data or User Content, or suspend or prohibit the use of the User Account or the Service by that User.

 

  1. Use of Club GLOBALS

4.1       Club GLOBALS grants the User within the scope of the Terms of Use a non-exclusive, non-transferable, limited right to access and use the Service solely for personal, non-commercial purposes.

 

4.2       The User acknowledges and agrees that Club GLOBALS User Content transmitted through the Service is not reviewed prior thereto and that Club GLOBALS has no influence on the User Content provided through the Service. Club GLOBALS is not responsible for and shall not be held liable for any User Content provided through the Service or for the use of the Service by the User.

 

4.3       Club GLOBALS reserves the right, without being obliged, to at any time review, change, restrict or refuse User Content provided or transferred through the Service. Club GLOBALS reserves the right to restrict or suspend a User’s access to their User Account or the use of the Service, especially where the user has previously been prohibited from using the Service.

Club GLOBALS is entitled to remove any User Content that, in the opinion of Club GLOBALS, violates the Terms of Use or for any other reason is undesirable. Club GLOBALS may disclose to third parties any Personal Information or User Content it is required to disclose by a court order or otherwise by law, or to exercise its own rights or defend legal claims asserted against it.

 

4.4       The use of the Service is at the expense and risk of the User. The User is solely responsible for ensuring it has the technical- and functional requirements and the electronic communications capabilities required to access and use the Service. The risk of loss, theft or corruption of data is entirely borne by the User.

 

4.5       The Service may contain information derived from third party websites or services or refer to them (eg via hyperlinks, banners or buttons). These websites and services are subject to the terms of the respective provider. Club GLOBALS has no control over the information and contents of the third-party websites and services and assumes no responsibility or liability thereof.

 

4.6       Forbidden are any content or activities that threaten, insult, hurt or injure in any other way other Users and/or third parties and/or employees or Club GLOBALS or its subcontractors or partners, or that will violate the law or other regulations or will infringe any other rights of third parties.

 

4.7       Prohibited User Content is User Content that:

in any other way contains illegal material, harasses, threatens or infringes the personal rights of another User or third party.

 

infringes the rights of third parties (copyright and design rights, trademarks, emblems, name and company rights, patents, utility models, etc.), including (without limitation) any illegal or unauthorized copies of a copyrighted work of another person, or any content in which the User is not the sole holder of the rights thereto or for which the User is not permitted to use.

 

includes the publication of photographs or images or videos of another person without that person’s consent

 

  • Other prohibited use of Club GLOBALS:

 

the automated use of the system, such as through scripts;

 

the interference, disruption or excessive burdening of Club GLOBALS;

 

the attempt to impersonate another User or another person;

 

allowing a third party to use the User Account or disclosing Access Information to a third party or allowing a third party to use the Access Information;

 

the sale or other transfer of the User Account;

 

the attempt to modify automated requests;

 

the attempt to test, check or monitor Club GLOBALS, its network, its servers, its technology or content of Club GLOBALS without the express prior written consent of Club GLOBALS;

 

the use of the Club GLOBALS server interfaces other than with Club GLOBALS software provided.

 

electronic attacks of any kind on Club GLOBALS’s platform, database or network or on any individual User:

 

as electronic attacks, including but not limited to:

 

attempts to overcome, circumvent or in any other way apply force against the security barriers of Club GLOBALS;

 

the use of computer programs for the automatic reading of data such as Crawlers (aka spiders or robots, in short, Bot) or off-line readers;

 

the use of load-testers (aka wget, apache bench, mswebstress, http load, litz) or similar programs, scripts or technologies;

 

the willful or negligent use and / or spreading of viruses, worms or Trojan horses;

 

the use of links, programs, or other methods that may cause damage to Club GLOBALS’s platform, database or network or to individual Users;

 

Brute-force-attacks;

 

Spamming.

 

false or misleading User Content to promote illegal activities or behavior;

 

illegal, criminal activities or purposes, as well as the support, commissioning, instigating or abetting thereof, including but not limited to making or buying illegal weapons, violating the Privacy Policy, child pornography, fraud, handling of obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, spoofing, development and dissemination of computer viruses or other harmful files, copyright infringement or patent infringement;

 

the theft of trade secrets and/or

 

the use of Club GLOBALS in any way in contravention of applicable laws or regulations.

 

4.9       Each User is bound by these Terms of Use, applicable laws and other regulations and is responsible for complying with them. Club GLOBALS assumes no responsibility for the content and activities of the User. Club GLOBALS may cooperate at its discretion with public and private law enforcement agencies and authorities regarding the violation by the User of statutory requirements. Club GLOBALS also reserves the right to initiate its own legal action with respect thereto. Club GLOBALS may support in litigation or anticipated litigation the holders of any rights who allege that their rights are being violated by the User and can reasonably demonstrate to Club GLOBALS their legal ownership of the rights and the alleged violation thereof.

 

  • Notwithstanding this prohibition, information and content that violates these prohibitions could in certain circumstances be made available or distributed by other Users via Club GLOBALS. Club GLOBALS accepts no responsibility or liability for the improper use of Club GLOBALS.

 

Club GLOBALS cannot monitor all User Content for improper use. If Club GLOBALS decides to monitor the content or activities of a User after being specifically alerted to a breach of contract or a violation of these Terms of Use or unlawful conduct, Club GLOBALS accepts no responsibility for the breach of contract or unlawful conduct or for ensuring that the breach or conduct will be terminated.

 

  1. Intellectual Property 

5.1       If the User is not expressly granted a right through these Terms of Use, Club GLOBALS reserves any right to its rights and the rights of all its subcontractors, partners, suppliers, particularly with regard to their intellectual property. The User acquires no rights using the Service or the User Content other than those rights expressly granted to them by these Terms of Use.

 

5.2       Each User using the Service retains all intellectual property rights to the User Content uploaded by him, provided he is entitled to such rights in the uploaded User Content. The User grants Club GLOBALS, free of any claim, royalty-free, worldwide, licensable, non-exclusive licensing rights to the uploaded User Content, which shall be limited to the use by Club GLOBALS in connection with the Service provided on the Website or the App.

 

5.3       By way of connection with other Users, the User Content of both users becomes visible to both users.

 

5.4       Club GLOBALS is not permitted, without the prior written approval of the User, to use the User Content for marketing purposes outside of the Website or App.

 

5.5       Club GLOBALS may use User Content for marketing purposes within the Service on the Website or App, which were made publicly accessible or publicly available by the authorized User, such as by highlighting new Profiles on the homepage. This marketing is limited to the Website and the App, and relates only to Club GLOBALS. User Content that is not made publicly accessible or publicly available by the authorized User may not be used by Club GLOBALS, even for these limited marketing purposes. User Content will not be used by third parties for marketing purposes.

 

5.6       The licensing rights granted in clause 5.2 terminate upon the deletion of that User Content or User Account, unless the User has shared the Users Content with other Users and the User Content of these other Users has not yet been deleted. The deletion of any User Content means that the deleted content is no longer accessible or visible to the User or other Users, unless the User has shared the Users Content with other Users and the User Content of these other Users has not yet been deleted. Any deleted User Content still exists in cache stores or backup copies for a reasonable period of time following the deletion, without it being available to other Users.

 

5.7       Subject to section 5.4 and 5.5, Club GLOBALS will not without the consent of the authorized User sell to or share with third parties Personal Data. More information about the way in which Club GLOBALS stores and processes the Personal Data of the Users is contained in the Privacy Policy (Privacy Statement) of Club GLOBALS

 

5.8       User Content that a User provides through the Service may be used by other Users. Club GLOBALS is not responsible for ensuring that other Users use the User Content in accordance with these Terms of Use and applicable laws. Club GLOBALS is not responsible or liable for any acts or omissions of other Users, which violate these Terms of Service or the applicable laws or are otherwise unlawful.

 

  1. Database

All the User’s data collected using the Service, particularly Personal Data and User Content are deemed to be the database. The manufacturers of the Database are Club GLOBALS and any of its affiliates or licensors, who hold exclusive rights to this property and consented to the use of the data in the database. A User may only use the database to the extent that it is entitled to under these Terms of Service. A User is not permitted to retrieve or use any part of the database without the prior written approval of Club GLOBALS and its licensors.

 

  1. Data Protection

The personal data and Personal Data provided by a User while using the Service is stored and processed by Club GLOBALS in accordance with the Privacy Policy (Privacy statement) that is available on the website www.ClubGLOBALS.com/privacy, and in accordance with applicable German and European legislation.

 

  1. Damages and Interruptions

8.1       Club GLOBALS does not represent, warrant or guarantee that the service is at any time accurate, complete, current, available or accessible.

 

8.2       The Service provides only the functions that comprise the Service at the time of use (“as is”). An error in the Service can be caused by disturbances in the Internet or phone connection or because of viruses, defects or malfunctions. Club GLOBALS is not liable to the User for any damages, losses or expenses arising out of or connection with the Service being temporarily unavailable, including but not limited to any data loss or the inability to access or use the Service.

 

8.3       Club GLOBALS reserves the right to change or update the Service at any time and without notice, and to change or update the design and layout of any functions of the Service. The User is not entitled to any compensation is such cases.

 

8.4       Club GLOBALS reserves the right to suspend the Service temporarily or permanently, or to restrict the use when necessary, such as in connection with required service maintenance or due to a force majeure event. A force majeure event includes but is not limited to the official or otherwise blocking of sites or buildings, labor strikes, outbreaks of violence, turmoil in the country, war, terrorist attacks, extreme weather, epidemics, labor disruptions, delays in transportation, earthquake, fire, storm, flood or water damage, delay or cancellation of deliveries of spare parts, goods or services to Club GLOBALS that have been ordered by a third party, or government, legal, regulatory or other actual limitations.

 

8.5       Club GLOBALS does not guarantee, warrant or represent that any terms and conditions that apply to software or services from third parties – in particular the terms and conditions of Apple and Google – permit the use of the Service.

 

8.6       Each user is solely responsible and liable for its use of the Service, including but not limited to the use of its User Account and Profile. The User shall compensate Club GLOBALS for any liability, losses or damages incurred, and indemnify Club GLOBALS against any liability, loss or damages from claims of third parties, arising out of or in connection with the use of the Service by the User, a breach of these Terms of Use by the User or any other unlawful acts.

 

  1. Limitation of Liability

9.1       As far as permitted by law, all liability of Club GLOBALS is excluded for any non-compliance, tort or any other claims for damages. In all other cases, the claims of Users against Club GLOBALS are limited to the deletion of the User Account and the User Content. Any further liability of Club GLOBALS is limited to cases of willful or grossly negligent acts.

 

9.2       As far as permitted by law, the liability of Club GLOBALS for any loss or damages of the User is limited to an amount of EUR 100.00 per incident, with a series of connected incidents being deemed to be a single incident. The total liability of Club GLOBALS to each User is limited to the amount of EUR 200.00.

 

9.3       As far as permitted by law, all liability of Club GLOBALS for consequential losses or damages, arising out of or in connection with the use of the Service, the License Agreement or these Terms of Use is excluded. This includes but is not limited to loss or damages for lost profits, lost opportunities, loss of savings or any other financial loss or loss of reputation or other direct or indirect or punitive damages of any kind. This disclaimer applies regardless of whether the User informs Club GLOBALS about the potential of such injuries, damages or losses.

 

9.4       All claims of the User against Club GLOBALS arising out of or in connection with the License Agreement or these Terms of Use shall expire one (1) year after the onset of the first event that can justify the claim.

 

  1. Termination and Remedies

10.1     Each user may terminate the License Agreement by ceasing to use the Service or deleting the User Account.

 

10.2     Club GLOBALS reserves the right to be liable to take the following steps, in addition to all other available steps, at any time and in its sole discretion, without the prior written notice and without being liable in any way to the User:

 

10.2.1  to cancel temporarily or permanently the User Account of the User and the use of the Service, if Club GLOBALS in its sole discretion deems termination necessary;

 

  • to suspend or limit the activities of a User within the Service (temporarily) or to prohibit the User from the use of the Service;

 

10.2.3  to prohibit a User from using the Service, to prevent such excluded Users from creating new User Accounts and delete their User Accounts;

 

10.2.4  in whole or in part, to change, delete or deactivate any of the User Content offered under the Services

 

  1. Third parties

11.1     Club GLOBALS reserves the right to engage a third party to carry out any or all the Services under the Contract or the Terms of Use.

 

11.2     The user is not entitled to assign or otherwise transfer to any third party any of its rights or obligations under the Contract or the Terms of Use.

 

  1. Changes to the Terms of Use

12.1     Club GLOBALS reserves the right to change or add to the Terms of Use at any time. Each User will be informed when logging into the Service of any changes to these Terms of Use. Each new version of the Terms of Use can be viewed and downloaded on the website www.ClubGLOBALS.com. If the User of the Service continues to use the Service following a change to the Terms of Service, the User irrevocably consents to the changes to the Terms of Service. If the User does not consent to the changes, the User may object to the changes only by not using the Service or by deleting their User Account.

 

12.2     If any one or more of the obligations in these Terms and Conditions are found, in whole or in part, to be invalid or unenforceable, this shall not affect the validity of any other provisions of the Terms of Use. In this case, the invalid or unenforceable provisions shall be replaced with valid and enforceable provisions that give effect to the purpose and meaning of the invalid or unenforceable provisions as closely as possible.

 

12.3     These Terms of Use are written in German and translated into other languages. In the event of a dispute, the German version shall prevail.

 

  1. Contact

Club GLOBALS may be contacted using the address details set out on the website www.ClubGLOBALS.com.

 

  1. Governing law and jurisdiction

14.1     These Terms of Use, the License Agreement, the use of the service by the user and the User Contents are subject to German law, except for the provisions relating to the intellectual property rights. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

 

14.2     As far as permitted by law, the Parties submit to the exclusive jurisdiction of the courts in Berlin, Germany.

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