Terms and Conditions for the internet service provided by FoxLab GmbH valid from August 10, 2020.
- These Terms and Conditions ("Terms") for the internet service of FoxLab GmbH govern the conditions under which FoxLab GmbH provides Users (“User”) with this internet service and accepts a User as a member.
- The Terms can be viewed at any time on the personal welcome page. The registration and use of the internet service is only allowed if the User has accepted the Terms.
Registration and Membership
- The User becomes a member of the internet service upon registration.
- The User is instructed to provide his real name (no pseudonyms or pen names) and e-mail address along with all other personal data provided during the registration – unless they are marked as optional information – truthfully and completely. This will be verified by an activation link, that is sent to the given e-mail address.
- The User is obliged to update his name or e-mail address without delay in case of later changes.
- FoxLab GmbH reserves the right to refuse the registration of Users.
- The membership can be terminated without notice by both FoxLab GmbH and the User for any reason.
- Each User may register only once and create only one User profile. The User profile is intended for personal use by the User only and the login and password may not to be passed on / given to third parties. If FoxLab GmbH has refused the registration or terminated the membership, a new registration is not permitted.
- By registering, the User warrants to be of legal age and legally competent.
- FoxLab GmbH provides the User via the internet service with information, means of communications, entertainment services and other services ("Content"). This content can be content from FoxLab GmbH or third-party content, to which FoxLab GmbH provides access. The use of the internet service is partly free. FoxLab GmbH tries to provide the highest degree of accessibility of the internet service. However, constant accessibility is not guaranteed.
- FoxLab GmbH does not guarantee the completeness of the content and the accuracy and currentness of the information provided via the internet service. Third parties are held accountable for content posted by them. FoxLab GmbH cannot and will not review the completeness and correctness of their content. FoxLab GmbH is not liable for any losses or damages caused by the use of this material, unless FoxLab GmbH is responsible for it. This applies to the content of other internet services, to which FoxLab GmbH referred to with a link.
- FoxLab GmbH checks the compliance with the terms and the provisions of the law as well as the observance of rights of third parties by constant monitoring of the posted content. If a violation of these provisions comes to the attention of FoxLab GmbH, the relevant content will be changed or removed immediately. However, FoxLab GmbH is unable to entirely contain the dissemination of behavior, communication or content that violate the Terms or the legal requirements.
- FoxLab GmbH is not liable for goods and/or services offered by third parties to the Users of the internet service. FoxLab GmbH does not control any of the consequential business dealings, that take place. These deals are only made between third parties (providers) and the User. All claims arising from such transactions are therefore directed exclusively against the provider.
- FoxLab GmbH reserves the right to make restrictions, changes and to cease the provision of the internet service for any reason without notifying the User.
Implementation of content by the User
- By posting any content on the internet service, the User grants FoxLab GmbH an unrestricted and transferable right of use on the respective content. FoxLab GmbH is entitled to use the content worldwide, especially for long-term provision, publication on the Internet and other online networks, including websites of partners, and commercialization of these services. FoxLab GmbH is also entitled to transfer the content to data storage mediums as well market it on print and online publications.
- FoxLab GmbH also has the right to edit, shorten or delete the submitted content. FoxLab GmbH is particularly entitled to remove content that violates the Terms, the statutory provisions or good taste. A right for the User of publication or permanent storage of content does not exist.
- The User guarantees with the implementation and distribution of content, which is subject to property rights (e.g. copyrights), that the holder of the rights has granted him all necessary rights or that he is the owner of these rights. The User is obliged not to violate property rights of FoxLab GmbH or of third parties.
- The User agrees not to make content available and accessible through links or other ways that are illegal, racist, libelous, unconstitutional, obscene, abusive, pornographic or offensive or may be viewed as such.
Indemnification by Users
- The User will without prejudice to any further claims and rights indemnify FoxLab GmbH of all claims made by third parties against FoxLab GmbH, including the costs of any reasonable legal defense and other reasonable costs, for any infringement of their rights by content posted by the User on the internet service. The indemnification covers particularly injunctive reliefs and removal claims, claims for damages, reimbursement of expenses and unjust enrichment.
- If third parties make claims within the meaning of § 5 paragraph 1 above against FoxLab GmbH, FoxLab GmbH is obliged to inform the User immediately. The User can represent and defend his rights himself and lead the lawsuit himself. A User can accept a settlement that is reached without his consent only so far as the closed claims are justified by comparing evidence.
- The indemnification shall not apply if the User is not responsible for the infringement.
- The indemnification shall also be entitled to the employees, representatives and vicarious agents of FoxLab GmbH if such claims are asserted against them.
Contract period, termination of the contract, redemption of advance payments
- The User can terminate the membership without notice for any reason. The termination can be made at any time by sending an email to email@example.com from the e-mail address registered on the platforms. The registered e-mail address of the User must be specified in the termination.
FoxLab GmbH can terminate the membership when there is good cause. Good cause is established when the continuation of the contractual relationship until the end of the membership is not reasonable for FoxLab GmbH, considering all circumstances of the case and weighing the interests of FoxLab GmbH and the User. Good causes include the following:
- Non-compliance with legal prescriptions by the User,
- Breaches by the User of contractual obligations.
- If the reputation of the services offered by FoxLab GmbH would be compromised by the presence of the User (for example, if it is discovered, after registration, that the User has been found guilty of a criminal act and that this judgment is known to other Users);
- If the User promotes associations or collectives, or their methods and activities, that are being monitored by the security or youth protection authorities or
- if the User causes damage to one or more other Users or
- if the User is a member of a sect or other disputed religious communities.
In the event of good cause in accordance with section 2. and notwithstanding FoxLab GmbH's right to terminate the contract in accordance with section 2, FoxLab GmbH is entitled to:
- Delete the contents posted by the User;
- Issue a warning, or;
- Block the User's access to the services on the platforms.
The claim of the User on refund of already made advance payments is ruled out in the following cases:
- FoxLab GmbH has terminated the contract for good cause according to section 2.
- FoxLab GmbH has blocked the User's access according to section 3 or
- if the User has terminated the contract; the refund claim on payments made in advance is however not ruled out if the User terminates the agreement due to good cause for which FoxLab GmbH is responsible.
Non-disclosure of the access information by the User and liability for third party use
- The User must keep his password secret.
- FoxLab GmbH points out that a third party who correctly enters the login (e-mail address) and password of a User will have full access to the internet service under the identity of a User. They would have access to personal data and could use it for abuse. The password should be well-chosen and changed from time to time (we recommend regular intervals of 3 months). The password should consist of a minimum of 8 characters and in addition to uppercase and lowercase letters it should also contain numbers and special characters. Inputs such as the date of birth and words that can be found in the dictionary are particularly considered as unsafe.
- The User is obligated to inform FoxLab GmbH without delay on any abusive use of his password or User account and on each separate infringement of safety regulations (for example at loss of login and password). The User acknowledges that the login can only be blocked once these facts are brought to the attention of FoxLab GmbH.
- The User shall be liable for all damages resulting from unauthorized use of the internet service with his password by third parties, unless FoxLab GmbH is responsible for such damages. He is liable for all claims of any sort resulting from activities that were carried out under his login and password prior to the termination of his membership or blocking of his login, unless FoxLab GmbH was at fault.
Other obligations of the User
- The User is obligated to meet the Terms without restrictions at all times as well as to observe the rights of third parties and legal requirements during all activities while using the internet service.
- The use of the internet service for commercial purposes is not permitted unless it is granted by FoxLab GmbH with a written permission. This restriction does not apply to areas of the offer, which explicitly allow and/or need a commercial use.
- The User commits himself that he does not manipulate the internet service itself or content, that is made accessible via the internet service. He also commits himself to refrain from any behavior that interferes with the use of the internet service by other people.
- FoxLab GmbH reserves the right, without prejudice to other rights, to assert claims for damages and reimbursement of expenses, including loss of profit and the cost of removing the manipulation or other violations, if violation of the Terms as manipulation of the internet service or unauthorized commercial use occurs. If commercial use occurs, the User is required to pay a reasonable standard fee.
- The User has the right to revoke his consent to the use of his personal data without notice for any reason, without incurring other costs than the pure cost of transmission.
Liability of FoxLab GmbH
- FoxLab GmbH only assumes liability under existing laws, regardless of the legal basis (prior to the contract, contractual, non-contractual) only if the damage was caused by gross negligence or willful intent on the part of FoxLab GmbH. If FoxLab GmbH should provide services available for a fee, it is also liable for ordinary negligence in the case of a breach of fundamental contractual obligations. The aforementioned limitations of liability do not apply to damages to life, body and health. The regulations of the product liability law remain unaffected. Furthermore, all liability is excluded.
- Except for all cases required by law neither FoxLab GmbH nor affiliated companies of FoxLab GmbH are liable for damages that may arise from the use of the content or other types of use of the internet service. This also applies to damage caused by errors and/or problems with internet services, viruses or data loss. § 10 No. 1 shall apply mutatis mutandis.
- Except for willful intent and gross negligence, FoxLab GmbH is only liable up to the amount of the typically foreseeable damages at the time of entering into the contract.
Changes to Terms
- FoxLab GmbH reserves the right to change the Terms in whole or in part at its discretion. Any changes or amendments shall be communicated to the users by e-mail 4 weeks before they come into effect at the latest and will also be announced on the user's personal homepage of the internet service and via the internal mail service.
- The user has the right to object to the change of the Terms in written form. The changes become valid, if the user does not object to such changes in writing within 4 weeks from the publishing of the changes or if the user continues the use of the services. FoxLab GmbH will point out in the message about the changes to the Terms to the User of the 4-week period to object and the consequences of non-objection. If a User objects to the amended Terms, FoxLab GmbH will terminate the membership of said User.
- FoxLab GmbH is entitled to transfer the rights and obligations arising out of the treaty to third parties. In this case, the user has the option to terminate the membership without notice.
- All legal relations arising from the Terms for the parties and/or its legal successor are subject to the laws of the Federal Republic of Germany excluding the applicability of the UN Convention on Contracts for the International Sale of Goods.
- Should a provision of the Terms be or become invalid or unenforceable in whole or in part, or should the contract contain a loophole, the validity or enforceability of the remaining provisions shall not be in any way affected or impaired thereby.