1 Clans.de GmbH (“Clansweb”) operates web sites (also denoted “Clansweb”) on which computer players and interested persons (“users”) exchange experience with one another and form teams called clans or guilds. Pages for these groups (“clan pages”) can be created and provided through this portal in a basic version that is free of charge. Clansweb also serves as a clan database.
2 These Standard Business Terms apply to use of the application Clansweb.com and Clans.de (as well as further URLs with country specific domains) including all their subpages and subdomains, areas, mobile apps and functions. By registering in Clansweb the User declares that he or she agrees with these Standard Business Terms.
3 The offer is directed exclusively to natural persons who have attained the age of fourteen years. The User confirms that he or she is at least fourteen years old.
4 Clansweb renders services to the users of these services solely on the basis of these Standard Business Terms. If the User has his or her own standard business terms, they shall not be part of the contract with Clansweb unless Clansweb has expressly consented to them in writing.
2. Subject of Contract
1 Clansweb offers an online portal in the internet with a large number of domains. These Standard Business Terms apply to all domains which are related to the products and services of Clansweb. Each User can create his or her own website on the web pages and apps of Clansweb. These services include, for example, creation of a clan and profile page and participation in the blogs and forums and/or other services such as, for example, provision of apps and designs.
2 Each voluntary, gratuitous service of Clansweb can be discontinued by Clansweb at any time. In this case, the User has no right to continuation of the service.
3 In rendering its services, Clansweb has the right to avail itself of the services of third parties to any extent and at any time.
4 Advertisements can be faded into Clansweb; these may not be concealed or processed in any way.
5 Clansweb can be contacted through the form on the official company page or by an email to email@example.com.
3. Offer and Conclusion of Contract, Extension of Contract
1 By filling in the registration form, the User issues a binding offer to conclude a service usage contract. All data fields of the registration which are marked as mandatory must be filled in completely and in accordance with the truth; in particular, the email address must be stated correctly and a user name and password must be selected. The User will then receive an email for the registration that contains an activation code which one must confirm by selecting a link in the email. The User consents explicitly to receiving this email.
2 The contract between Clansweb and the User (“usage contract”) is formed when Clansweb accepts the offer from the User. Clansweb does so explicitly or also implicitly through its first act of fulfilment.
3 That the user offer has reached Clansweb is confirmed by Clansweb electronically without delay by email sent to the email address stated by the User. This confirmation of receipt does not constitute binding acceptance of the offer from the User. But the confirmation of receipt can be combined with the declaration of acceptance.
4 The portals of Clansweb have various types of accesses, each with its own rights and obligations. These are gone into below.
5 Clansweb has the right to issue additional standard business terms for optional services and non-gratuitous services. The User must accept these additional standard business in order to use these additional services.
6 The User grants Clansweb all temporally unlimited, revocable, worldwide usage rights for all contents made available on the portals and apps, insofar as this is necessary for Clansweb to operate the platform and render its services.
7 As a user, I declare that I agree that all data and files made available on the platforms, apps and services may still continue to be reproduced electronically and made available for downloading (§ 19 UrhG [German Act on Copyright and Related Rights] by Clansweb or third parties named by Clansweb for the purposes of portal operations, for the duration of the existent statutory copyright even after the user has already discontinued usage.
8 The users make sure that the data and files they enter or make available, as described above, may be used and published. In cases of doubt, contents may not be uploaded or entered some other way if the User is unable to judge the copyright situation with certainty as being in favour of the User and Clansweb. Special caution is called for when photographs and other images that do not originate with the User himself are uploaded. Such material should be labelled as being in the public domain.
9 Claims to compensation for damages can be asserted against Clansweb only if Clansweb has been culpably in breach of essential contractual obligations.
When optional services and non-gratuitous services are used:
– the existent contract is modified or extended and there is no new contract;
– the User has to provide additional information about his or her person, personal data and modes of payment;
– the User might have to verify his or her age; and
– there might be changes in the minimum duration of contract and in cancellation notice periods.
4. Right of Revocation
You have the right to revoke your agreement to this contract within 14 days without stating your reasons.
The revocation period is 14 days from the day on which the contract was concluded.
In order to exercise your right of revocation, you must inform us (Clans.de GmbH, Friesenstrasse 13, 20097 Hamburg, Germany, Tel.: +49 40 788 009 90, email: firstname.lastname@example.org) of your decision to revoke your agreement to this contract with an unmistakable declaration of this decision (e.g. a letter sent by public mail, fax or email). If you wish, you may, but need not, use the attached sample revocation form.
To observe the revocation notice period, it suffices for you to send your notification about exercising your right of revocation before the notice period expires.
The Consequences of Revocation
If you revoke your agreement to this contract, we must return to you all payments which we have received from you without undue delay and, at the latest, within 14 days of the date on which your notification reached us. This return payment will be made with the same means of payment that you used for the original transaction unless something else is agreed with you explicitly. In all cases there will be no charge to you for this repayment.
(If you wish to revoke your agreement to the contract, then please fill in this form and send it back to us.)
– I herewith revoke my agreement to the contract we concluded for rendition of the following service: Membership of Clansweb.com.
– Ordered on date:
– Received on date:
Only one of these dates is required (ordered on / received on).
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notification on paper)
– Date of notification
5. Prohibited Contents
The User can insert contents via Clansweb and share them with other users. Insofar as the User
publishes or sends his or own contents, he or she must keep in mind that provision of the
following types of contents is prohibited:
– contents that break applicable local, national or foreign law;
– contents that violate the rights of third parties, especially those that violate copyright or personality rights;
– contents that violate trademarks law;
– contents that violate provisions of data privacy law;
– data that causes damage (viruses, Trojan horses, etc.);
– contents that serve a commercial purpose, particularly advertising and spam of all types, unless Clansweb has consented explicitly;
– contents that are harmful to minors.
2 If the User provides contents via Clansweb that are in violation of this agreement, Clansweb will be entitled to delete these contents in whole or in part, to exclude the User from further use of Clansweb, and to cancel the usage contract without advance notice. If the said contents are also illegal under the penal code, Clansweb reserves the right to report these violations to the competent authorities.
3 If you, the User, acquire knowledge of illegal contents of third parties, then please report these contents to Clansweb at once, for example via email@example.com . If such a complaint is justified and the objectionable contents can be identified, then Clansweb will remove or block these contents. However, the User has a right to deletion or removal of particular contents only within the context of applicable law.
4 The owner of each clan page can insert an age query at the entrance to the page so that certain age-restricted contents can be provided there. The clan leader is responsible for the correct installation and use of the age query.
6. Liability and Warranty
1 Claims for compensation for damages exist, regardless of the legal grounds, only in cases of intention, loss of life, bodily injury, damage to health, gross negligence as well as slightly negligent violation of essential contractual duties by Clansweb, its representatives, its employees and its other assistants, whereby liability for slightly negligent violations is confined to compensation for damages which are typical of the type of contract in question and were predictable in the case at hand. Essential contractual duties are understood to be duties (1) which are necessary for the contract to be fulfilled, (2) which cannot be violated without giving cause to doubt whether the purpose of the contract will be achieved, and (3) on the fulfilment of which one is regularly able to trust. Further liability is excluded except in a case of personal damages. These limitations and exclusions of liability also apply to the personal liability of Clansweb’s representatives, employees and other assistants.
2 Clansweb does not vouch for the correctness, completeness or lawfulness of contents published by third parties.
3 Temporary technical malfunctions of Clansweb and occasional unavailability of its services are not grounds for liability on the part of Clansweb, particularly when these lie outside Clansweb’s sphere of influence or have been caused by third parties. This also applies to occasional maintenance work and related restrictions in Clansweb’s usability, whereby Clansweb does warrant availability of its services of 99% on average for each year.
4 Clansweb assumes no liability for embedded contents of third parties within Clansweb. The quantity of contents that are published in Clansweb is enormous, so it is not possible to check them in advance. At such time as we become aware of illegal contents available through Clansweb, we do take steps at once in order to eliminate them or keep them from being published.
5 The User is liable for all contents and data that are provided through his or her account. The User himself is responsible for unauthorized use of his or her account by third parties. The User is responsible for all contents which the User stores or holds on Clansweb in retrievable form. Clansweb is under no obligation to check the User’s Clansweb web pages for violations of law.
6 The creator and administrator of a clan page assumes all administrative rights and obligations for his or her clan page. This person is responsible for all contents published by him or her or members of the clan in the context of his or her obligations under the law of the Federal Republic of Germany.
7. Duration of Use
1 Gratuitous use of Clansweb is not subject to a minimum contractual period. The User may, without stating any reasons, cancel the usage relationship with Clansweb at any time with notice of two weeks to take effect at the end of a month and also demand that his or her data be deleted, simply by sending an email to Clansweb support. Likewise, Clansweb may cancel the contractual relationship at any time with notice of two weeks to take effect at the end of a month. Clansweb may also cancel without advance notice if the User has violated applicable law or these Standard Business Terms.
2 When the contractual relationship has been terminated, Clansweb will no longer be obliged to render the contractual services. Clansweb can then delete all the User’s data, including any messages that may be located in the User’s mailboxes. The User is therefore advised to store and back up his or her data and is responsible for doing so.
3 Non-gratuitous optional offers can have minimum contractual periods and/or other notice periods for cancellation. Clansweb will be sure to point this out when the User orders such an offer.
8. Market Place and Coins
1 Clansweb can create the option of a trading platform on its portal. Use of this trading platform is free of charge, but will give the User the opportunity of acquiring from third parties products or services for the User as an individual or for the clan as a group. Use of this platform can be subject to separate conditions of use which Clansweb will include in the User’s general usage contract.
2 Clansweb may introduce a virtual currency (“coins”) for paying for one’s own products or services and for using the trading platform. Introduction and usage of this currency can be subject to further conditions of use which Clansweb can include in the User’s general usage contract.
9. Data Privacy
- Clansweb’s Data Privacy Conditions can be viewed separately and apply as a supplement to these Standard Business Terms.
10. Further Obligations of the User
1 The User agrees to transmit the data required during registration in accordance with the truth. If this information changes later, the User must change the data in Clansweb accordingly.
2 The User agrees to observe and comply with all applicable state regulations and all laws of the Federal Republic of Germany.
3 The User agrees that when using Clansweb services the User will not undertake any action which violate the rights of any third person (including personality rights).
4 The User agrees not to provide any contents which violate statutory prohibitions, are contrary to public morals (in particular, no pornographic, racist, xenophobic, or right wing radical contents, and no contents that are objectionable on other grounds), or fail to respect personality rights, brand or trademark rights, name rights, or copyrights. The User further agrees not to use Clansweb’s website for spam or link formation purposes. If demands (e.g. demands of forbearance, retraction, correction, or compensation for damages) should ever be made of Clansweb as third party or co-disrupter because of illegal contents which the User has provided on Clansweb’s website, then the User will be obliged to reimburse Clansweb all costs that Clansweb incurs because of this. The User also agrees that in such a case the User will support Clansweb in warding off such demands in every possible way.
5 The User agrees not to link from other websites directly onto downloads on the User’s Clansweb website.
6 The User agrees to follow, on his or her own initiative, the statutory regulations on legal notices in websites that apply in the country of use, insofar as such are applicable to the User.
7 The User is responsible for making backups of all files and software settings that are accessible to the User. Backups must be made before each change the User makes and also before maintenance work of Clansweb insofar as this has been announced in time by Clansweb. The User’s backup copies must not, under any circumstances, be stored on the server.
8 The User may not send messages of equal contents in mass mailings (“spam”) over the systems or servers of the provider unless the Clansweb recipients involved have granted their consent.
9 The User will use the designs only for his or her own website. They User may not ever store the website and then continue to use it on another server. Thus only a simple license for use on the Clansweb pages is issued.
10 The User agrees that when using the market place, the User will not do anything which is aimed at or suitable for frustrating Clansweb’s claim to commissions to which Clansweb is entitled or to prevent Clansweb from recognizing that such a claim has arisen.
11 The User agrees that in the event of a culpable violation of these usage conditions which results in assertion of claims by third parties, the User will completely indemnify Clansweb against all such claims by third parties.
11. Closing Provisions
1 If individual provisions of these Standard Business Terms are or become invalid, this shall not affect the validity of the remaining provisions. Pursuant to § 33, par. 1 BDSG [German Federal Data Privacy Act] and §4 TDSV [German Telecommunications Data Privacy Ordinance], it is hereby pointed out that the data of the users is processed automatically in machine readable form.
2 Clansweb reserves the right to adapt these Standard Business Terms from time to time. In this case, the User will receive a notice about these changes. The User’s consent to these changes will be deemed to have been granted if the User explicitly consents or if the User does not object to the changes within the four weeks after this notice has reached the User. Clansweb agrees that this notice of changes sent to the Clansweb users will also include a reminder of the consequence of not objecting. If the User does object, then Clansweb has the right to cancel the contract.
3 Clansweb also reserves the right to extend, change and delete services and to undertake improvements, especially when these are indicated by technical progress, seem to be necessary or are aimed at preventing misuse. Such changes can lead to changes in the appearance of the Clansweb websites. Clansweb will undertake such changes only insofar as these changes are not unreasonable for the Clansweb user or are required of Clansweb because of statutory regulations.
4 The relations between Clansweb and its users are governed by the law of the Federal Republic of Germany. This also applies when users from other countries are registered. The place of jurisdiction is Hamburg insofar as the User is a merchant [within the meaning of the German Commercial Code (HGB)] or moves his or her usual place of abode to the Federal Republic of Germany after conclusion of the contract with Clansweb. This also applies if the User’s residence or usual place of abode is not known at the time when a lawsuit is filed.