Who is Palderby?

 

1.1 Palderby operates a social network under the domain www.abc.com through which registered users can connect with other registered users and exchange personal messages with them as well as share contributions, photos, videos and other content via their personal profile page.

 

1.2 Imprint:

 

Birhan Teleale

Oranien Strasse 47

65185 Wiesbaden

Germany

 

What does Palderby offer?

 

2.1 Palderby offers the user the opportunity to present himself and his interests to the outside world via his personal profile page and to interact with other users and third parties. In addition, Palderby offers the user the possibility to form groups, to join such groups or to invite third parties to join. In order that every user can also present himself to third parties, each user profile is set up in such a way that it can also be found and retrieved by non-users or search engines. This setting can of course be deactivated.

 

2.2 Our commercial users may also display advertisements and sponsored content in order to inform the user of offers and products of potential interest to him. Insofar as Palderby contains a fee for this from the commercially acting users, these publications are marked as advertising or other sponsored content. In order to provide the user with the most relevant information and sponsored content possible, we collect and process user data in accordance with the principles set out in our Privacy Policy.

 

Who can use Palderby?

 

3.1 Palderby may only be used if the user is over the age of 16, has not been barred from using Palderby because of previous violations of the Palderby Terms of Use or Policies, or if such use would violate any applicable law.

 

How can I use Palderby?

 

4.1 The active use of Palderby requires a free registration at Palderby.

 

4.2 Each user may only register once and, upon registration, assures that he is not yet a user of Palderby or that he has deleted an existing user account.

 

4.3 In the course of registration, the User shall provide complete and correct information on the data requested therein, unless such information is marked as voluntary. When registering, the user must use his correct name and choose a password which the user must keep secret and may not pass on to third parties. The indication of artist names, pseudonyms or other fantasy designations is just as little permitted as the registration with inaccurate data.

 

4.4 Upon completion of the registration, Palderby shall send a summary of the data provided and confirmation of completion of the registration to the e-mail address provided at that time. The  registration will only be completed successfully if the User confirms the link provided in this e-mail. Membership between the User and Palderby shall only become effective upon retrieval of this (activation) link.

 

4.5 If the registration process is interrupted or the activation link is not used, Palderby shall delete the data provided up to that point within 3 days.

 

4.6 The login to the respective user profile shall be made by entering the specified and confirmed e-mail address and the selected password. The user data can be adapted and updated in the profile settings.

 

What obligations does the user have?

 

5.1 If the user sets up a profile picture, the user shall ensure that the public reproduction of the mprofile photo transmitted by him is permitted under applicable law and does not infringe the rights of third parties. The use of photos or images of other or non-existent persons / beings is not permitted for use as a profile picture.

 

5.2 The User undertakes to observe all applicable laws and third party rights when using Palderby.

 

5.3 In particular, the user is prohibited from the following:

 

  • to use insulting and/or defamatory contents
  • to use pornographic and/or violence glorifying content
  • to use abusive and/or immoral contents
  • use illegal, misleading, discriminatory and/or fraudulent content
  • to use content protected by law, such as trademarks, designs and/or third-party images, without
  • authorization
  • upload viruses and/or malicious code
  • to affect the functioning and/or appearance of Palderby through any act whatsoever
  • access data unilaterally using automated methods

 

5.4 Palderby shall be entitled to temporarily block content that violates 5.1 to 5.3 without prior notice and/or to remove it from the social network taking into account all circumstances of the individual case and weighing the interests of both parties. Palderby will inform the user about this. Palderby reserves the right to assert further legal claims.

 

When and how does the possibility of use end?

 

6.1 The user can delete his registered account at any time and without prior notice. If the user deletes his account, the specified data and uploaded content will be irrevocably deleted within 3 days.

 

6.2 Palderby shall be entitled to block the user’s profile if, taking into account all circumstances of the individual case and weighing the interests of both parties, it is not reasonable to call up the user’s profile again. This is in particular the case if the user violates the legal regulations the user violates 5.1-5.3 of the Terms of Use the user damages one or more other users the user significantly impairs Palderby’s reputation (e.g. through active action or through a reason in the person of the user which is publicly known)

 

6.3 Each user is entitled to report Palderby content or behaviour that, in the user’s opinion, violates his rights.

 

6.4 Both parties are entitled to terminate the user relationship for good cause. An important reason exists in particular if a party violates obligations arising from these Terms of Use, laws, rights of third parties or data protection guidelines, and the terminating party cannot be reasonably expected to continue the contractual relationship until the agreed termination date or until the expiry of a period of notice, taking into account all circumstances of the individual case and after weighing the interests of both parties. Termination for good cause is only possible within a reasonable time after becoming aware of the violation.

 

What authorizations does the user grant?

 

7.1 In order to provide the described services, in particular the contents of the social network, to users and third parties, the user grants Palderby the right to use the created and shared contents for this purpose without restriction. The user’s own rights to these contents shall remain unaffected.

 

7.2 With respect to Content protected by intellectual property rights, the User grants Palderby a non-exclusive, transferable, worldwide, royalty-free license to host, use, distribute, modify, perform, copy, publicly perform or display, translate and create derivative works from the User’s Content. Palderby may grant sublicenses.

 

7.3 If the user deletes content provided by him, Palderby’s authorization to use such content and the license granted thereto shall lapse. However, this only concerns the deletion of the specific content. If the user has shared this content with another user who has not deleted this content, this content shall remain accessible.

 

7.4 Palderby may use the User’s basic information (name and profile picture) to alert other users associated with the User on Palderby to the User’s interactions, such as joining a group, participating in an event or being interested in specific products.

 

What IP rights does Palderby have?

 

8.1 Palderby owns the rights to the names, symbols and logos used, as well as to the design and graphic designs together with the source code. Independent use is not permitted without written permission. In this respect, Palderby expressly reserves the right to assert rights.

 

8.2 If the user uses content to which Palderby is entitled to intellectual property rights and/or links it to its own content, the rights to the former shall remain in favour of Palderby.

 

What is the warranty?

 

9.1 These Terms of Use shall be without prejudice to any statutory (defect) rights to which any consumer may be entitled and which may not be modified or waived by contract.

 

9.2 Palderby shall endeavour to meet the requirements of the User at all times. However, regardless of the cause, Palderby cannot guarantee uninterrupted, secure and error-free use and 100% availability of its services. In particular, maintenance and security issues may result in disruption or temporary suspension or limitation of Palderby’s Services.

 

9.3 If data and content have been provided and made publicly available by the user on Palderby in accordance with these Terms of Use, Palderby shall have no obligation to prevent any storage of such content and/or by and at a third party

 

Which liability is excluded?

 

10.1 Palderby accepts no liability for the content and (external) links provided by users or for the information and data provided by them. As a service provider, Palderby is not obliged to monitor the transmitted or stored information or to investigate circumstances that indicate illegal activity. However, if Palderby becomes aware of an illegal act of a user or information within the Palderby Network, the information will be immediately removed or access to it blocked.

 

10.2 Palderby shall only be liable for damages, irrespective of their legal basis, if the damages were caused intentionally or by gross negligence or are based on the breach of material contractual obligations. In the event of a breach of material contractual obligations, liability in cases of simple negligence shall be limited to the damage typically associated with the contract and foreseeable. Essential contractual obligations are abstract obligations whose fulfilment makes the proper execution of a contract possible in the first place and on whose observance the parties to the contract may regularly rely. The same applies to breaches of duty by vicarious agents.

 

10.3 Claims for damages due to injury to life, body or health shall remain unaffected thereby. Palderby and its vicarious agents shall have unlimited liability for such claims.

 

10.4 Any further liability on the part of Palderby is excluded.

 

Can the Terms of Use be changed?

 

11.1 In the course of the continuous improvement and adaptation of its services, Palderby reserves the right to amend these Terms of Use at any time without giving reasons, unless this is unreasonable for the User.

 

11.2 Unless otherwise required by law, Palderby shall notify the User of such changes by e-mail or in the course of using Palderby’s social network at least 30 days before the changes take effect.

 

11.3 If the user does not agree with the changes of the terms of use, he is free to delete his account. If the terms of use have come into force, the user is bound by them.

 

What else applies?

 

12.1 Palderby shall be entitled to use subcontractors and to transfer rights and obligations in whole or in part to third parties. Palderby’s responsibility for the obligations assumed shall remain unaffected thereby.

 

12.2 The contract language is English.

 

12.3 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

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