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Terms of Use - IslesOfYou

1. Scope of application; eligibility

   1. The following terms of use (hereinafter “Terms”) shall apply between you and islesofyou GmbH, Adalbertstr. 26, Berlin, Berlin 10179 (phone: 0(049)3060690401, e- mail: info@islesofyou.com, hereinafter "Company," “we," “us," or “our”) concerning your access to and use of the services provided via the islesofyou.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
   2. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2. Content and scope of the services; change of services

   1. IslesOfYou is a web app that may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit and perform content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable and used by other users of the Site and through third-party websites according to these Terms.
   2. The Site is currently still under development. In the course of time we want to add more functionalities. However, we are not obliged to provide certain functionalities or a certain appearance of the Site beyond the aforementioned content and basic functions, but may design and continuously redesign it at our own discretion.
   3. At this stage, the Site and its services will be free of charge and open to anyone – curators and contributors.

3. General Obligations when using the Site

   1. You may be required to register on the Site. You are obliged to keep your password confidential and will be responsible for all use of your account and password.
   2. You may use the services available via the Site exclusively for private and non- commercial purposes, i.e. in particular not in the context of a commercial or self- employed professional activity; unless we have previously expressly permitted any use beyond this in writing or text form. Unauthorized use includes in particular all offers and advertisements of paid content, services and/or products.
   3. User of the Site may not share any Contribution through the Site that (entirely or partially)
      1. Contents are false, inaccurate, or misleading,
      2. May constitute criminal offences (in particular incitement of the people, insult, defamation, threat);
      3. May be considered pornographic, vulgar or obscene, violent, harassing, libelous, abusing, mocking, ridiculing, disparaging, slanderous, or otherwise objectionable;
      4. Contents are anti-constitutional, extremist and/or include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
      5. Interfere with the rights of third parties (in particular personal rights, copyrights, trademark rights, patent rights, trade secrets or other rights of third parties) and/or would interfere when used by other users according to these Terms;
      6. May not be not unsolicited or unauthorized advertising, promotional materials, pyramid schemes,
   4. Users of the Site may not
      1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
      2. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein;
      3. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
      4. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
      5. Delete the copyright or other proprietary rights notice from any Contribution;
      6. Attempt to impersonate another user or any other person;
      7. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms");
      8. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
      9. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
      10. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
      11. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
      12. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
      13. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
      14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
      15. Sell or otherwise transfer your profile without our approval.
   5. If you violate your obligations under this Section 3 we are entitled, taking into account your legitimate interests, to temporarily suspend or permanently exclude you from some or all of the features of the Site and/or delete your Consideration and/or username. The kind and extent of such restrictions will depend on the severity of your breach and the number and nature of previous breaches. We will notify you of this and the reason why and give you the opportunity to comment. Depending on the degree of the violation, we may take these measures immediately and without warning. See also section 6.3.

4. Intellectual Property Rights

   1. By uploading a Contribution on the Site you grant us the non-exclusive, irrevocable, in particular to other users of the Site sub-licensable right, worldwide right to use the Contributions (including, without limitation, your image and voice) free of charge in material and/or immaterial form for all known and/or unknown types of use and in all (on- and offline) media and technologies in the context of and for the purpose of the Site. In particular, we shall be granted the right to
      1. edit, translate, arrange or otherwise transform the Contributions (ourselves and/or through third parties), including preparing derivative works, or incorporate into other works up to the limit of § 14 UrhG (German Copyright Act);
      as well as to use such Contributions in whole or in part transformed or non-transformed to
      2. reproduce them; and
      3. communicate them to the public (including making available to the public) over wire and wireless networks, including by means of video, audio and other information carriers, including making available to the public in such a way that the Contributions, in whole or in part, are accessible to members of the public from places and at times of their choosing.
   2. You will also grant us and other users the right to use your username and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide in the scope of these Terms.
   3. Furthermore we have the right to re-categorize any Contributions to place them in more appropriate locations on the Site.
   4. §§ 32a, 32c UrhG remain unaffected by this section.

5. Liability

   1. With have unlimited liability under the Product Liability Act and due to injury to life, limb or health and in the case of intent and gross negligence.
   2. Without limiting any of the above, we shall be liable for slight negligence only in the case of violation of an "essential" contractual obligation. "Essential" obligations in this sense are obligations necessary for the fulfillment of the agreement according to these Terms, the breach of which would jeopardize the purpose of the agreement in question, and which users can trust to be complied with. In these cases, liability is limited to typical and foreseeable damages, the occurrence of which we had to expect at the time of conclusion of the Terms due to the circumstances known at that time.
   3. We shall also not be liable for malfunctions of the Site as a result of data transmission on the internet for which we are not responsible and which impede or prevent the use of internet-based services.
   4. Furthermore, we are not liable for any loss of data, insofar as such loss could have been prevented by the user making a backup copy.
   5. The limitations stated in the above sections 5.1 till 5.4 also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
   6. It is not possible for us to monitor the Contributions posted by users to the Site unless we become aware of an infringement. Accordingly, we generally consider user Contributions as third-party content and do not adopt such content as our own.

6. Termination

   1. These terms shall remain in full force and effect while you use the Site. You can delete your user account at any time to terminate the agreement according to these Terms, but Section 4 of these Terms will remain unaffected.
   2. We may discontinue the operation of the Site with two weeks' notice.
   3. The right to extraordinary termination remains unaffected. Good cause shall be deemed to exist in particular if you breach any obligations arising from these Terms (in particular section 3.5), breach laws, rights of third parties or data protection provisions and if we cannot reasonably be expected to continue the contractual relationship, taking into account all circumstances of the individual case and weighing up the interests of both parties. If the good cause is a breach of an obligation under these terms and conditions, termination shall be permissible after the unsuccessful expiry of a deadline granted for remedial action or after an unsuccessful warning. However, such a deadline is not required if the other party seriously and finally refuses to fulfil its obligations or if special circumstances justify immediate termination after weighing the interests of both parties. See also section 3.6.

7. Processing of personal data; data protection

   We process your personal data when using the Site according to our privacy policy.

8. Miscellaneous

   1. Code of Conduct. What we consider most important for fruitful and mind-blowing results on islesofyou: Every user must respect the dignity of all persons. Please find further information on our Code of Conduct at about IOY.
   2. Applicable law. The law of the Federal Republic of Germany shall apply insofar as the protection granted is not deprived by mandatory provisions of the law of the state in which you have your habitual residence.