Terms & Conditions

§1 Creation of the Contractual Relationship and Changes to the Terms & Conditions

  1. The following Terms & Conditions govern the contractual relationship between the provider of Ahoi.dev (hereinafter referred to as site), Glumpler GbR (hereinafter referred to as provider), and the user.
  2. With the completion of the registration process for the site, the user is making an offer for the conclusion of a licence agreement based on these Terms & Conditions. Upon the activation of the account by the provider, the latter is accepting said offer for the conclusion of a licence agreement.
  3. In cases where doubts exist, conditions of the user which contradict these Terms & Conditions shall only be recognised through the express written confirmation of the provider.
  4. The provider is entitled to change and adapt these conditions throughout the course of a membership. The provider shall notify the user in text format of any changes to the conditions and shall make him or her aware of the new regulations and of their right to object. The provider shall also give the user an appropriate period of six weeks in which to declare if they accept the changed conditions of use for the further utilisation of the services offered by the provider. If no statement is made within this period, the altered conditions shall be deemed to have been accepted. The provider shall make the user expressly aware of this legal effect at the beginning of the period in question. If the user disagrees with the changes to these conditions, the provider is entitled to terminate without notice the licence agreement at the point in time when the conditions of use come into effect for the other users.

§2 Subject of the Licence Agreement

  1. The subject of the licence agreement is the free-of-charge provision of the site Ahoi.dev by the provider, which can be accessed from anywhere in the world.
  2. The provider shall supply the user with the following usage options:
    • Creation of an individual profile on the person, which is open not only to other registered users but also to all internet users and which can be found using search engines
    • Uploading of one’s own content, which can be managed through the account
    • Uploading of coupon codes
    • Making contact with other users and administration of the contact data
    • Make entries and post comments in blogs on the topics provided for
  3. The specific graphic and functional arrangement of the usage options covered by the contract, the extension of said usage options with extra features or their supplementation with additional services that would be subject to a charge are at the provider’s discretion. While obliged to maintain the usage options covered by the contract, the provider is entitled to modify and adapt their specific arrangement at any time.
  4. The site shall be available to the user for at least 95% of the time over the course of a year. Owing to technical factors, 100% availability cannot be achieved. With the conclusion of the license agreement, the user recognizes this fact. Unavoidable, unpredicted and extraordinary events which could lead to the site not being available, such as power outages, hacking attacks or breakdowns in the telecommunication lines at the point of transmission to the internet, are not allowed for in the minimum availability specified.
  5. Using the content provided on the site outside of said site requires the prior written approval of the provider.

§3 Registration, Account, Dealing with Passwords

  1. Natural persons or legal entities only can register to use the site. A legal entity can only be registered by a person authorized to represent said entity. Users registering must be at least 16 years old.
  2. The user is obliged to provide truthful and complete information on himself or herself and to constantly keep their data up to date as per the provisions of the registration form. The use of pseudonyms and aliases is not permitted except when choosing a user name.
  3. Furthermore, the user is obliged to only use photos for his or her profile photo which allow the user to be clearly recognised and the use of which does not violate the rights of any third parties. Photos, images and graphics not showing the user may not be used as the profile photo.
  4. The user is obliged to keep his or her password secret, to store it safely and not to allow third parties have access to it. If the password becomes known to a third party, the user must immediately inform the provider of this either by e-mail or in writing so that the old password can be disabled and a new one issued. The user is not entitled to make his account available to third parties. The user is aware that he or she shall be held fully responsible for the actions of a third party to whom they make their account available.
  5. A user may only register once and may only create one user profile. The provider does not assume any liability for the real identity of individual users. This means that every user must satisfy themselves as to the real identity of other users. For technical reasons, it is not possible for the provider to verify with 100% accuracy the real identity of the registered users of the site.

§4 General Obligations of the User

  1. The user may only avail of the usage options made available by the provider within the context of the contractually specified purposes. The user is prohibited from any misuse of these usage options beyond the purposes specified. In particular, such misuses may include:
    • Systematically selecting contact data for other users and members for the purposes of passing them on to third parties;
    • Unreasonable harassment of other users or members, natural persons or legal entities through aggressive, obscene, insulting, slanderous or intrusive content;
    • Offers and posts containing content which is sexual in nature, pornographic, of an extreme right wing or left wing nature or which glorifies violence;
    • Unreasonable harassment of other users through the mass sending of unsolicited advertising;
    • Large-scale or ongoing use of the site for the publication and dissemination of offers which are not in keeping materially with the purpose or subject of the site and which could impact upon the site’s attractiveness for other users and members;
    • Any actions which could lead to excessive system overloads or to system disturbances;
    • The use of third-party identities for registration, publishing content or sending messages.
  2. Each of the afore-mentioned breaches of duty entitles the provider to terminate the licence agreement without notice and to close the account. In addition, the provider is entitled to refuse the activation of a new account for the user in question for the duration of one year from the date of termination.
  3. All remarks and comments made must comply with the rules on polite and respectful behaviour among users and members. Criticisms and expressions of opinion should be constructive in nature.

§5 Obligations of the User in Terms of Content posted

  1. When placing content (coupon codes, text, images, photos, videos, names, trademarks and the like), the user must ensure that he or she is not violating the rights of any third parties (e.g. copyrights, patent and trademark rights, design rights, utility patent rights, personal rights, rights relating to one’s own image, rights relating to anti-competitive behaviour).
  2. The user bears sole responsibility for the content he or she posts on the site.
  3. The user shall exempt the provider from all claims from third parties, which the latter may assert in relation to a violation of rights committed by the user and which the user is responsible for. In this respect, the user shall assume all the necessary costs of his or her legal defence.
  4. The provider is entitled to delete or disable content placed by the user if this content infringes upon the rights of third parties, if third parties make claims regarding a violation of their rights, the justification of which cannot be immediately dismissed, or if the content violates these Terms & Conditions or any legal provisions in place.
  5. If the provider receives notice of a possible rights violation by the content published by the user, it shall inform the user immediately in writing of this.
  6. Content published by the user has to be published in English or German. Other languages are not allowed at the moment. If the user is publishing content in a language not allowed, the user will be informed by mail to change the content into English or German within 48 hours. Otherwise the content will be deleted by the provider.

§6 Making Adjustments to Services, New Services and Changes to existing Services

The provider reserves the right to make adjustments to services offered on the site, to offer new services and to change existing services, provided this is appropriate for the user.

§7 Termination, Closure and Deletion of the Account

  1. The user is entitled to terminate without notice the licence agreement with the provider at any time. The termination must be made in writing or it can be declared by implication through the deactivation of the account. In the event of such a termination, the profile of the user and all the content published by him or her on the site shall be deleted and access to the site disabled.
  2. The provider is entitled to terminate the licence agreement with a notice period of four weeks to the end of the preceding month.
  3. Along with a termination with notice, the provider is also entitled to terminate the licence agreement without any notice period, if there is a good reason for doing so. In particular, such a good reason might be if the user:
    • Consistently and gravely fails to meet his or her contractual obligations (see §5)
    • Culpably and gravely violates legal provisions when using the site
    • Is a member of a cult
    • Is a member of a religious community that is controversial in Germany
    • Is a member of an association that is under the supervision of the authorities in Germany

    In addition, the provider is entitled to delete the account and to refuse to set up a new account for the user in question for the duration of one year from the date of receipt of the termination.

  4. The provider shall exercise its right to an ordinary termination and to the deletion of the account if the user has not logged in for more than a year and if the user fails to react within six weeks by e-mail to a subsequent reminder message sent to him or her.

§8 Liability

  1. Claims for damages – regardless of their legal basis – against the provider (including its agents), which stipulate slight negligence only exist when an important contractual obligation or cardinal obligation has been violated. A cardinal obligation is an obligation on whose compliance the user should be able to rely and the fulfilment of which is necessary in order for the contract to be properly executed. In such instances, claims for damages shall be limited to damages foreseeable from the nature of the contract.
  2. The restrictions mentioned above do not apply if the damages caused are covered by the provider’s liability insurance and if the provider has received a payment from this on behalf of the insurer. The liability insurance coverage in existence when the contract is completed shall be maintained by the provider.
  3. Personal injury and property damage claims that are based on the German Product Liability Act shall not be affected by above liability exclusions. The above mentioned liability exclusions shall also not apply in the events of express guarantees given by the provider or its vicarious agents or in the case of lacking promised features.

§9 Responsibility for Contents posted by the User

The provider does not bear any responsibility for the data, content or offers placed on the site by the user or for the data, content and offers of websites, which the user provides links to from the site.

§10 Rights to Contents posted

Using, publishing or reproducing the content in either electronic or print media requires the prior express written consent of the provider.

§11 Data Protection

The provider’s data protection statement, which the user can view here, applies.

§12 Final Provisions

  1. The contract and any changes to it must be set out in writing. There are no side agreements.
  2. If any provision within these Terms & Conditions should become invalid, this does not affect the validity of the remainder of the Terms & Conditions.

End of Terms & Conditions

Munich, August 27, 2018

Ahoi, Dev!
Curated Blog for Web Designers & Developers
Glumpler GbR
Stefan & Boris Glumpler
Agnes-Bernauer-Str. 9
80687 Munich

Fon: +49 (0) 89.5786 8436
Fax: +49 (0) 89.5786 8434

Mail: hi [{a t}] ahoi [{d o t}] dev
Web: https://ahoi.dev

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