By registering with now-in.org, you (hereinafter referred to as “the user”) automatically agree to accept the General Terms and Conditions (hereinafter referred to as “GTC”) governing the use of now-in.org as described below.
now-in.org gives its users access to an online database that allows them, the users, to publicize events of all kinds (cultural events, sporting events, educational events, etc...) and to communicate and exchange information with other users.
The company now-in.org GmbH provides its service under various domain names (e.g., now-in.org and now-in.de). The variously named websites featuring now-in.org services are hereinafter referred to as the “now-in.org websites”.
The following GTC govern the legal relationship between the user and now-in.org, irrespective of which now-in.org website the user is registered with or logged on to. All registered users and unregistered guests with limited access to now-in.org services must adhere to the GTC as set forth here.
- General
1.1
now-in.org is an information and communications service for event organizers and individuals looking for events. The now-in.org service enables registered users to enter (and edit) event-related data into a database in order to publicize events and to provide a platform for exchange among now-in.org members. now-in.org services are provided subject to availability. now-in.org assumes no responsibility for eventual delays, deletions, transmission errors or storage failure during the use of now-in.org or during the communication between users.
1.2
now-in.org reserves the right to provide certain services such as “Premium Services” and “Individual Services” in return for payment. Separate agreements for both Premium and Individual Services are made for the use of these for-fee services. Unless otherwise specified, the General Terms and Conditions as laid out here also apply to Premium and Individual Services.
1.3
If deemed appropriate to do so, now-in.org reserves the right to withhold publication of certain content or block/delete already published content without explanation. This is appropriate action when, for instance, a third party reports content in violation of the law. now-in.org also reserves the right to block users, delete user accounts and to limit, block or terminate access to its site.
1.4
now-in.org will make every effort to keep the now-in.org websites available without interruption. You, the user, acknowledge and agree that it is technically impossible to achieve 100% availability of the now-in.org websites. Events related to maintenance, security or capacity requirements, and/or events beyond now-in.org’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 now-in.org websites. In such cases, the user is not entitled to claim damages or make any such claims.
1.5
now-in.org provides its users access to a database and communication platform, thereby enabling them to publish and access event information and to communicate with other users. now-in.org only provides those technical applications that allow users to contact one another. now-in.org is in no way involved in or responsible for the content communicated between and among users. Should contracts between users be terminated via now-in.org, now-in.org is in no way involved in or responsible for such actions and is not 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 through now-in.org. now-in.org shall not be liable for breaches of duty in relation to agreements entered into between users.
- User Registration
2.1
Users must register prior to using the services featured on now-in.org websites. Unregistered users, i.e. guests, are given only limited access to now-in.org services. These General Terms and Conditions also apply to guests.
2.2
By registering with now-in.org, the user verifies that the information provided pertaining to his/her person is both accurate and complete. The user is obligated to notify now-in.org immediately should his/her user data change.
2.3
During registration, the user is asked to select a password. The user is to keep this password secret. now-in.org shall not disclose passwords to third parties, unless required to do so by law. now-in.org will not ask its users to reveal their password at any time.
2.4
From a technical standpoint, it is impossible for now-in.org to determine whether the registered user is actually the person he/she claims to be. now-in.org therefore cannot vouch for the correct identity of a user. Each user is therefore solely responsible for checking the actual identity of another user.
- Obligations of the User
3.1
The user is obliged to provide only true and non-misleading information when entering content to be posted on the now-in.org websites. This applies particularly when posting event data and in the communication with other users.
3.2
The user is obliged to comply with all applicable legislation as well all rules and instructions put forth by now-in.org when posting event information and other content and when using all services and content provided through now-in.org.
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Post any insulting or defamatory content, regardless of whether said content is directed at another user, other persons, other companies or now-in.org personnel,
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Post any pornographic materials or any contents that violate any applicable legislation for the protection of minors on now-in.org; 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,
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Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales),
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Unreasonably annoy (particularly with spam) any other now-in.org user (cf. §7 of the German Unfair Competition Act),
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Post any contents on now-in.org which are protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws) without obtaining authorization to do so.
3.3
The user agrees to refrain from engaging in any of the following actions while using now-in.org services, even if they do not constitute a breach of any applicable laws:
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Posting and using any offensive or sexually suggestive content on now-in.org or communicating in an offensive or sexually suggestive manner with other now-in.org users
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Sending identical private messages to more than one (1) now-in.org user at one time
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Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing)
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Changes to the Services on now-in.org Websites
now-in.org reserves the right to modify the services offered on the now-in.org websites and/or to offer services different from those offered at the time of the user's registration at any time. now-in.org also reserves the right to terminate the free services offered on its websites at any time. In such an event, now-in.org shall notify its users in advance through its websites.
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Termination of Membership
5.1 The User may terminate the free membership at any time without cause and without explanation. Fee-based memberships may be terminated at any time within the applicable period of notice. The user may deliver notice of termination using the contact form available on all now-in.org websites at any time. The termination notice should include the user’s username and the user’s email address that is registered with now-in.org.
5.2 now-in.org is legally entitled to terminate a membership at anytime irrespective of termination periods should there be a just cause to do so. A just cause is defined as an event that makes it unacceptable for now-in.org to continue the agreement to the end of the termination period after taking into account all circumstances and weighing the interests of now-in.org and those of the user. Just cause for termination of membership occurs when...
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the user fails to comply with legal provisions or infringes upon third-party rights to content;
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the user breaches contractual obligations as set forth in Sections 2 and 3 of this GTC;
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the user causes harm to any other now-in.org user;
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the user promotes communities or associations (or any of their methods or activities) under surveillance by authorities responsible for public safety or the protection of minors.
5.3 Before terminating a contract due to just cause, now-in.org shall notify the user of his/her breach of contract and issue a warning via email, using the email provided in the user’s profile. The user is given 7 (seven) days to take corrective action and/or stop the behavior warranting termination. Should the user fail to comply, now-in.org reserves the right to terminate the membership immediately.
5.4 The user is not entitled to reimbursement of payments made in advance in the following cases:
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If now-in.org has terminated the user’s membership due to just cause pursuant to Section 5.2 of this GTC
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If now-in.org has blocked the user’s access to its websites pursuant to Section 5.3 of this GTC
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If user has terminated the membership. Exception: If the user has terminated the membership due to a just cause attributable to now-in.org
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Responsibility for User Content, Data and/or Information
6.1 now-in.org assumes no responsibility and cannot be held liable for the data and/or information provided or made available by any user on any of the now-in.org websites or on any external websites linked to them. In particular, now-in.org does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
6.2 now-in.org expressly distances itself from the materials posted by its users. The user-posted content in no way represents the views of now-in.org, and is to be seen as nothing more than the opinions of its users. now-in.org cannot be held liable for content that is posted or provided on its websites.
6.3 The user may report any activities or content that violates applicable laws and/or any of the terms and conditions of these GTC using the contact form available on all now-in.org websites or by clicking the “Report problem” button.
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Liability of now-in.org
7.1 now-in.org bears unlimited liability for loss or damage arising from death, bodily injury or damage to health caused by now-in.org.
7.2 now-in.org is liable for other damages only if caused by an intentional or negligent breach of duty by now-in.org, a now-in.org employee, a vicarious agent or legal representative of now-in.org. now-in.org is also liable for breaches of cardinal obligations under this agreement caused by ordinary negligence. In this event, claims are limited to typical and foreseeable damages
7.3 In cases of ordinary negligence as per Section 7.2, now-in.org shall be liable for damages up to the amount of 10,000 EUR.
7.4 now-in.org is in no way liable for materials posted, saved, downloaded or otherwise made available by users or any other third parties. now-in.org assumes no responsibility for the accuracy and reliability of this information and is not responsible for guaranteeing that content is free of third-party rights or that its users respect third-party rights during posting, saving or downloading of materials.
7.5 now-in.org is not liable to third parties under this agreement.
7.6 Under this agreement, now-in.org is not liable for third party services (such as Internet providers or content providers) provided to users under separate contract.
7.7 This shall not affect binding legislation such as the German Product Liability Act.
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Indemnity
8.1 The user shall indemnify and exempt now-in.org from all actions, including damage claims, asserted by other users or third parties against now-in.org resulting from an infringement of their rights by the contents posted by the user on now-in.org websites. Furthermore, the user shall indemnify and exempt now-in.org from all actions, including damage claims, asserted by other users or third parties against now-in.org resulting from an infringement of their rights regarding the use of the services on now-in.org websites by the user. The user assumes all reasonable costs now-in.org incurs due to an infringement of third-party rights, including all reasonable legal-defense costs. All other rights, including damage claims by now-in.org, are hereby unaffected.
8.2 The aforementioned obligations shall not apply to the extent the user is not responsible for the infringement.
8.3 In the event the content posted by the user infringe upon the rights of any third party, the user shall, at his/her own expense and at now-in.org’s discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the user infringes upon third-party rights while using the services of now-in.org websites, the user shall discontinue all actions in violation of these General Terms and Conditions and the law, if so requested by now-in.org.
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Data Protection
now-in.org recognizes that any data provided by the user is extremely important and must be protected. now-in.org shall therefore be particularly careful in its handling of such data. now-in.org shall comply with all applicable legal provisions regarding data protection and shall not provide or otherwise disclose any personal data of the user to any third party without authorization. Details on now-in.org’s treatment of the user data are set forth in the Privacy Policy of now-in.org. The Privacy Policy is available on all now-in.org websites.
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Content Rights
The user understands that by posting event information and other contents (e.g., comments, reviews, blog entries) on the now-in.org websites, he/she grants now-in.org a royalty-free, perpetual, irrevocable license to use this information in the course of offering its services. now-in.org retains the right to use any content in any form. This applies in particular to permanent submissions on now-in.org websites, content posted on partner websites and for the marketing of said content.
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Final Provisions
11.1 now-in.org reserves the right to modify this agreement (GTC) at any time. now-in.org shall give due notice of amendments made to this GTC. 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 accepted by the user. now-in.org shall inform the user about the user's right to object and of the relevance of the objection deadline in said notice.
11.2 Unless stated otherwise, the user may submit all notices to now-in.org using the contact form provided on all now-in.org websites, or by letter or fax. now-in.org may send notices to the user by email, fax or post to the addresses provided in the user’s current user account.
11.3 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. This also applies to contractual loopholes.
11.4 The place of performance under these GTC is now-in.org’s principle place of business.
11.5 Place of jurisdiction is Cologne, Germany (insofar as consumers are not involved).
11.6 These GTC 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.
