general terms & conditions
Preamble
By logging on to CREATIVE FACE, users accept the following General Terms and Conditions
(hereinafter the "GTC") for using CREATIVE FACE.
CREATIVE FACE operates CREATIVE FACE services under various top-level domains
(creativeface.net, creative-face.de etc.), as well as various sub-domains and aliases of these
domains. All Web sites on which CREATIVE FACE provides CREATIVE FACE services are
hereinafter referred to as “CREATIVE FACE Web sites.”
These GTC shall govern the contract relationship between the User and CREATIVE FACE,
irrespective of which CREATIVE FACE web site the User is registered with or logged on to.
The User enters into this agreement on the use of CREATIVE FACE services with CREATIVE
FACE, Schönhauser Allee 43, 10435 Berlin. Additional contact information, as ell as the name
of the authorized representative of CREATIVE FACE can be found under “imprint”.
The services provided by CREATIVE FACE are intended exclusively for persons of legal age.
The User can call up, print out, download and or save these General Terms and Conditions at
any time, even after the agreement has been closed, under the “terms & conditions” link that
appears on all CREATIVE FACE Web sites.
1. Subject Matter
1.1 User are able to register at the CREATIVE FACE Web sites for free.
1.2 Any use of the services and contents offered on the CREATIVE FACE Web sites beyond the scope of options provided by CREATIVE FACE requires the prior written consent of CREATIVE FACE.
1.3 CREATIVE FACE shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these GTC. CREATIVE FACE is entitled to remove any illegal or prohibited data and/or information from CREATIVE FACE Web sites without prior notice to the User.
1.4 The User acknowledges and agrees that it is technically impossible to achieve 100%
availability of the CREATIVE FACE Web sites. CREATIVE FACE shall nonetheless endeavor to
keep CREATIVE FACE Web sites available without interruption. Events related to maintenance,
security or capacity requirements, and/or events beyond CREATIVE FACE's control (e.g.
disruptions in public communication networks, power failures etc.), may result in brief
malfunctions or temporary interruptions of the services provided on CREATIVE FACE Web sites.
1.5 CREATIVE FACE merely provides the User with a platform on which to establish contact
with other users, and only provides those technical applications that allow users to contact one
another. As regards content, CREATIVE FACE does not take part in any communication
between users. If users enter into agreements with one another over CREATIVE FACE Web
sites, CREATIVE FACE shall not be a contracting party to these agreements. The users alone
are responsible for the execution and/or fulfillment of agreements in which they enter with one
another. CREATIVE FACE shall not be held liable if users are unable to contact one another over
CREATIVE FACE Web sites regarding such agreements. Furthermore, CREATIVE FACE shall not
be liable for breaches of duty in relation to agreements entered into between users.
2. Registration, and Representations and Warranties upon Registration
2.1 Users can register at CREATIVE FACE for free.
2.2 The User warrants and represents that all of the data provided by the User for registration
is accurate and complete. The User shall report any changes in the registration data to
CREATIVE FACE without undue delay.
The User shall not use pseudonyms or pen names.
2.3 The User warrants and represents that he or she is of legal age at the time of registration.
2.4 Each User is entitled to register with CREATIVE FACE only once.
2.5 It is technically impossible for CREATIVE FACE to determine with certainty whether any
user registered with CREATIVE FACE is in fact the person he or she represents to be.
Therefore, CREATIVE FACE assumes no liability for the actual identity of a user. Each user is
solely responsible for checking the actual identity of another user.
3. Right of cancellation for consumers
The User may cancel registration ant any time without any notice period.
4. Obligations of the User
4.1 The User is obliged,
4.1.1 To provide only true and non-misleading data in the registration, and to refrain from
using any pseudonyms or pen names.
4.1.2 To comply with all applicable legislation, and respect all third-party rights. In Particular,
the User shall not
Use any insulting or defamatory contents, regardless of whether said contents are directed at
another user or CREATIVE FACE personnel or other companies
Use any pornographic materials or any contents that violate any applicable legislation for the
protection of minors; or advertise or promote, offer or distribute any pornographic product or
products which do not comply with any applicable legislation for the protection of minors
Unreasonably annoy (particularly with spam) any other user (cf. §7 of the German Unfair
Competition Act) Use without authorization any contents protected by law (e.g. by copyright, trademark, patent,
utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or
services protected by law.
Use or promote any commercial practices considered unfair competition, including progressive
customer acquisition practices (such as chain distribution systems, multilevel selling or
pyramid sales).
4.1.3 To refrain from engaging in any of the following annoying actions, even if they do not
constitute a breach of any applicable laws:
Sending chain letters Sending identical private messages to more than one (1) user at the same time Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or Communicating in any insinuating or sexual way (suggestive or explicit).
4.2 The User is prohibited from the following:
Employing any mechanisms, software or scripts when using CREATIVE FACE Web sites.
However, the User may use the interfaces or software provided by CREATIVE FACE within the
scope of the services available on the CREATIVE FACE Web sites.
Blocking, overwriting, modifying and copying of any contents of the CREATIVE FACE Web sites,
unless said actions are necessary for the proper use of the services on the CREATIVE FACE
Web sites. For example, the use of the "Robot/Crawler" search engine technology is not
required for proper use of the services, and is therefore prohibited.
Distributing or publicly disclosing the contents of any of the Web sites of CREATIVE FACE or
any other user
Performing any actions which may impair the operability of CREATIVE FACE's infrastructure,
particularly actions which may overload said infrastructure.
5. Changes to the Services on CREATIVE FACE Web sites
CREATIVE FACE reserves the right to modify the services offered on the CREATIVE FACE Web
sites and/or to offer services different from those offered at the time of the User's registration
at any time, unless this is unreasonable for the User.
6. Termination of Membership
The User may terminate the Free Membership at any time without cause. The User may deliver
notice of termination using the contact form available on all CREATIVE FACE Web sites at any
time. The termination notice shall include the User’s registered name and an email address of
the User registered on one of the CREATIVE FACE Web sites.
7. Responsibility for the User’s Data or other Information
7.1 CREATIVE FACE does not make any warranties or representations regarding any data
and/or information provided or made available by any user on any of the CREATIVE FACE Web
sites or on any external websites linked to them. In particular, CREATIVE FACE does not
warrant or represent that said data and/or information is true or accurate, or that it fulfils or
serves any particular purpose.
7.2 The User may report any activities of any other user which violate applicable laws adn/or
any of the terms and conditions of these GTC (including the use of pseudonyms or false
identities) using the contact form available at all CREATIVE FACE Web sites.
8. Customer Service/Support
Queries regarding agreement with CREATIVE FACE or regarding CREATIVE FACE services can
be sent by the customer to CREATIVE FACE using the contact form available at all times on all
CREATIVE FACE Web sites, or by sending a fax or letter.
9. Liability of CREATIVE FACE
Whatever the legal grounds, liability for damage claims based only on ordinary negligence
against CREATIVE FACE (including its vicarious agents) shall exist only if CREATIVE FACE
breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims
are limited to typical and foreseeable damages.
Limits shall not apply to the extent damages are covered by CREATIVE FACE's business liability
insurance, provided the insurance company has effected payment to CREATIVE FACE.
CREATIVE FACE undertakes to maintain the insurance coverage existing at the time this
agreement is concluded.This shall not affect personal injury and property damage claims based on the German Product
Liability Act.
10. Indemnity
10.1 The User shall indemnify and exempt CREATIVE FACE from all actions, including damage
claims, asserted by other users or third parties against CREATIVE FACE resulting from an
infringement of their rights by the contents posted by the User on CREATIVE FACE Web sites.
Furthermore, the User shall indemnify and exempt CREATIVE FACE from all actions, including
damage claims, asserted by other users or third parties against CREATIVE FACE resulting from
an infringement of their rights regarding the use of the services on CREATIVE FACE Web sites
by the User. The User assumes all reasonable costs CREATIVE FACE incurs due to an
infringement of third party rights, including all reasonable legal-defense costs. All other rights,
including damage claims by CREATIVE FACE, are hereby unaffected.
The aforementioned obligations shall not apply to the extent the User is not responsible for the
infringement.
10.2 In the event the contents posted by the User infringes any rights of any third party, the
User shall, at its own expense and at CREATIVE FACE's discretion, either obtain the right to use
said contents or render said contents free of any infringement. In the event the User infringes
third-party rights when using the services of CREATIVE FACE Web sites, the User shall
discontinue such use that violates these General Terms and Conditions and the law, if so
requested by CREATIVE FACE.
11. Data Protection
CREATIVE FACE recognizes that any data provided by the User to CREATIVE FACE is extremely
important to the User, and CREATIVE FACE shall therefore be particularly sensitive in handling
such data. CREATIVE FACE shall comply with all applicable legal provisions regarding data
protection (German Data Protection Laws, European Data Protection Directives and any other
applicable data protection legislation). In particular, CREATIVE FACE shall not provide or
otherwise disclose any personal data of the User to any third party without authorization.
Details on CREATIVE FACE's treatment of the User's data are set forth in the Data Protection
Policy of CREATIVE FACE accessible from each of the CREATIVE FACE Web sites.
12. Right to Contents
Duplication or the use of articles or their contents in other electronic or printed publications is
prohibited without the express written consent of CREATIVE FACE. Copying, downloading,
dissemination, distribution and storing of the contents of CREATIVE FACE and/or third parties,
with the exception of the cache memory when searching for forum pages, is prohibited without
its express consent.
13. Final Provisions
13.1 These GTC and any amendments thereto must be in writing to be valid.
No secondary agreements exist.
13.2 CREATIVE FACE reserves the right to amend these GTC at any time, without giving
reasons, unless an amendment is unreasonable to the User. CREATIVE FACE shall give due
notice of any amendments of these GTC to the User. If the User does not object to the
applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended
GTC shall be deemed to be accepted by the User. CREATIVE FACE shall inform the User about
the User's right to object and of the relevance of the objection deadline in said notice.
13.3 Unless otherwise stated in these GTC, the User may submit all notices to CREATIVE FACE
using the contact form provided on each of the CREATIVE FACE Web sites, or by letter.
CREATIVE FACE may send notices to the User by email or post to the addresses given in the
User’s current contact data in his or her user account.
13.4 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the
remaining provisions shall continue to be valid and enforceable to the fullest extent permitted
by law. The parties agree to replace an invalid and/or unenforceable provision with a valid
and/or enforceable provision which most closely approximates the intent and economic effect
of the invalid and/or unenforceable provision. This also applies to contractual loopholes.
13.5 The place of performance under these GTC shall be CREATIVE FACE's main place of
business.
13.6 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of
CREATIVE FACE.
13.7 These GTC and the contractual relationship shall be governed by German Law, excluding
international private law and the provisions of the United Nations Convention on Contracts for
the International Sale of Goods that have been adopted by German Law.
As at March 17, 2008
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