Note for minors
If you are younger than twelve (12) years old you may not register with KWICK! under any circumstances. However, if you are not fully aware of the consequences of publication of your personal data on the Internet you may not register with KWICK! either. This is because publication of your personal data on the Internet requires your prior consent. In order to be able to declare this consent independently you must have a certain ability to make rational judgements and a certain amount of personal maturity. You must therefore be in a position to assess the significance and consequences of consenting to data processing.
The term "data processing" includes the collection, saving, amendment, transmission, blocking, deletion and use of your personal data, in particular also publication of your personal data on the Internet. Personal data includes all information about your person (e.g. name, age, place of residence, pictures, etc.).
You will be considered unable to make the rational decisions necessary for the declaration of consent if you are not yet twelve (12) years old or if you are unable to appreciate in full the consequences of data processing.
1.3 Deviating and/or additional terms of third parties can apply with respect to the use of individual services of third parties (cooperation partners, e.g. operators of the mobile phone shop, fan shop, video portal, etc.). In such cases deviating and/or supplementary provisions of third parties shall be drawn to the Member's attention. The use of these services is in accordance with the terms of the respective cooperation partner.
2. Conclusion of the Contract of Use
3. Registration, Termination, Blocking, Deletion
3.1 Private persons can become Members of kwick.de from the age of twelve (12). Commercial Users (only natural persons) can become Members of kwick.de if they have full legal capacity and have their seat in the Federal Republic of Germany. If a commercial User wants to become a Member of kwick.de but his company is in the form of a partnership (e.g. partnership under the Civil Code (GbR), partnership (OHG), etc.) or a legal person under private law (e.g. limited liability company (GmbH), stock corporation (AG), etc.), only an authorised representative (natural person) of the same may become a Member of kwick.de. In this case the relationship to the company must be stated (e.g. director, member of the board of directors, Prokurist, etc.). KWICK! is entitled, but not obliged, to check the age and the seat of the User on the basis of suitable official papers. Each registration as Member requires that the User completes all mandatory fields of the registration form.
3.2 On registration the User warrants
3.3 The Member shall ensure, in his own interest, that the e-mail address provided by him is correct and can receive e-mails. KWICK! shall not be liable for any disadvantages which result from e-mails not being received. Where personal data of the Member (name, e-mail address, etc.) changes after registration, the Member shall amend his personal profile without undue delay. KWICK! shall not accept any liability for the accuracy of the data provided by the Users.
4. Access Data
4.1 The Member shall treat his access data, in particular his password, strictly confidentially and may not pass it on to third parties or use it together with third parties.
5. Description of the KWICK! Platform
5.1 On kwick.de private persons registered as Members can, for example, (selection)
5.2 Commercial Users registered as Members (hereinafter also: Commercial Members) can use the above-described services of kwick.de subject to the following conditions and restrictions:
5.3 The Members are prohibited from any form of commercial use of the services offered on kwick.de and from any form of sending of advertising to Members of kwick.de. Members are not permitted to carry out advertising for third parties, in particular for their products, even within their own profiles, clans, etc. The same applies to links.
6. Use of Data and Data Protection
6.1 KWICK! collects, processes and uses personal data in accordance with the statutory provisions (in particular Telemedia Act, Federal Data Protection Act). Without further consent KWICK! only collects, processes and uses personal data where this is necessary to perform the contract and for use of kwick.de.
7. Liability of KWICK!
7.1 Liability of KWICK! for the accuracy, completeness, up-to-dateness and legitimacy of the data and content (e.g. profile data, trade marks, company names, products, descriptions, prices, supply periods, applicability, availability, etc. in any form, e.g. text, photos, graphic files, links, etc.) posted by private and Commercial Members and the liability for other content posted by the private Members (blog or guest book entries, messages, etc.) is excluded. This exclusion of liability applies in particular if such content infringes intellectual property rights (trade mark rights, copyrights, etc.) or the personality rights (e.g. general personality right, right in one's own image) of third parties. KWICK! shall not be liable for any abuse of the content posted by the Members by other Members or third parties either. As soon as KWICK! gains knowledge of violations of rights in the content posted by the Members or on the linked third-party sites, KWICK! shall remove this content and/or links within a reasonable period and take all technical and staffing measures possible and reasonable to avoid identical violations of rights in the future.
8. Warranties undertaken by the Member8.1 The Member warrants that the data provided for the profile – with the exception of the pseudonym (user name) – is accurate and that the content posted by him is not in breach of statutory provisions (e.g. Tax Code, Telemedia Act, Federal Data Protection Act, State Treaty on Media Services, Press Laws, Unfair Competition Act, Act regulating Advertising in the Field of Non-Medical Healing, Price Regulation, Youth Protection Act, etc.).
8.2 The Member shall ensure that, with respect to the content posted by him (e.g. profile information, texts, photos, graphics, links, trade marks, company designations, products, descriptions, etc. in any form), he is in possession of all rights required for use on kwick.de and that opposing rights of third parties (e.g. personality rights, trade mark rights, copyrights, etc.) in this respect neither exist nor are violated.
8.3 The Member shall ensure that the content posted by him is in a technically impeccable condition and is virus-free. Those Members who are of age or have full legal capacity shall be liable vis-à-vis KWICK! for any damage which KWICK! suffers as a result of errors, viruses, worms, Trojans, etc. contained in the content posted by him.
8.4 The Commercial Member warrants that all information provided about his company and its range of products (e.g. profile data, trade marks, company designation, products, descriptions, prices, supply periods, applicability, availability, etc. in any form, e.g. texts, graphic files, links, etc.) is accurate.
9. Responsibilities and Duties of the Member
10. Electronic Attacks
10.1 Electronic attacks of any kind on the server/the databases/the network of kwick.de or individual Users are strictly prohibited. Every electronic attack shall lead to immediate exclusion of the responsible Member and shall - where legally possible - be prosecuted under civil and criminal law.
12. Involvement of Third Parties
14. Place of Jurisdiction and Applicable Law
15. Severability Clause