Valid for registrations from the 18/10/2017 (outdated version below)
Contractual partners and scope of application 1. Contractual partners are Nils Thenhausen, Calvinstraße 13a, 10557 Berlin, Germany (hereinafter referred to as “whispeer”) and the user (natural or legal person) 2. The here presented terms and conditions determine the users use of the social communication network (incl. whispeer business) run by whispeer and all services provided by whispeer (hereinafter referred to as “whispeer-services”). 3. The private area of the communication network is designed for private use – whispeer business is recommended for business purposes. 4. The whispeer services include the software provided by whispeer (hereinafter “software”). Not included in the software are Open-Source Libraries, which are required for the use of the software, even if the software reloads libraries automatically if necessary; only the respective open-source license and terms thereof apply for these libraries. 5. whispeer reserves the right to change, improve and extend the services at any time. 6. Deviating agreements in individual cases precede the regulations of these terms and conditions.
User obligations, abuse, user liabilities 1. The user is obligated to choose a secure password for his/her whispeer-account (preferably long, unguessable combination of upper- and lower-case letters, numbers and special (characters), to not pass on his password to a third party, to keep his/her password secret and change it immediately or authorise whispeer to change it, if a third party might be aware of the password. 2. The user is not allowed to abuse the whispeer-services, especially not 1. for pretending to be someone else, through e.g. using a false name or a picture of another person as his/her profile picture; if the user is not willing to state his real name, he/she is allowed to use a pseudonym, 2. for disclosing contact or other personal data of a third party without permission (e.g. on a wall), 3. for distributing or requested receiving or saving of illegal or immoral or misleading content (e.g. trademark violation, infringement of copyright or the right to use a name, patent infringement, violation of personality, infringement of competition law, sedition, incitement to criminal offences, pornography, glorification or trivialization of violence, vulgar, offensive, racist or discriminatory content ) or referencing such content (e.g through links pointing to such content), 4. to commission a crime (e.g. fraud, stalking) or other illegal actions, 5. for nationalistic or right-wing extremist politics that object the notion of tolerance and international understanding, for organizations with such objectives or for distributing or requested receiving or saving of such content, 6. for sending prohibited messages, e.g. according to the law unsolicited commercial messages or messages aimed to obtain login details of a third party by fraud (phishing) or to stalk someone according to § 238 StGB (Stalking), 7. for attacking the server or other user (e.g. by manipulating the software or trying to infiltrate malware). 3. Abuse is also using a whispeer-account as reply or destination address, if the otherwise sent or disclosed content is illegal when sending via whispeer, according to 2.4 (e.g. as reply address for spam). 4. Abuse is also choosing a user name that violates laws (e.g. trademark laws, law relating to the use of name) or common decency, that is likely to be misleading, bears reference to violence, sects or anticonstitutional efforts or includes terms of extremist organizations. In cases of doubt, the user should enquire whispeer about the use of the name before choosing. 5. The user is liable for all damages and expenses that result through a violation by the user of the obligations regulated in the numbers 2.1 to 2.7 and exempts whispeer from all third party claims that are raised because of the violations against his/her aforementioned obligations. This regulation is not applied if the user can prove that he/she is not liable for the violation. 6. Is the user not a consumer, he/she exempts whispeer from all claims, liabilities, damages, penalties, fines and administrative fines, costs and expenses that are raised on the grounds of the user not complying with his/her legal regulations, especially the regulations of supervisory law, copyright law, competition law, privacy law and right of personality. This exemption from liability also covers all costs - including personnel costs of whispeer and solicitor fees -, that result from processing and/or defending the in sentence 1 mentioned claims, whether or not the claims valid or invalid. 7. The user is liable to the same extent for his own actions as for actions of a third party, that was or is authorisedly or unauthorisedly using his/her whispeer-account, including any incidental costs for this. This regulation is not applied if the user can prove that he/she is not liable for the unauthorised use of his/her account.
Termination, erasure of data of the whispeer-account 1. Unless explicitly agreed otherwise, the user contract is concluded for an indefinite period of time and can be cancelled by both parties at any given time without complying with a period of notice. 2. If the user wishes account termination, he should send a mail containing his user name and the request to delete the account to support@whispeer.de or the corresponding delete function.
Rental prize 1. The private use of whispeer is free of charge 2. whispeer business is designed for business use. For each requested and provided account of whispeer business a fee is due. The fee is based on the communicated price at the time of the request of the account, but at the latest of the end of a possible test phase, and is calculated for each commenced month of use.
Subletting Subletting of already requested and provided accounts to other users is excluded.
Liability 1. whispeer is liable in all cases of contractual and non-contractual liability in case of willful intent and gross negligence in accordance with statutory provisions for damages. 2. In other cases, whispeer is only liable – as far as not otherwise regulated below- if a contractual obligation has been breached, which has been made possible by the proper implementation of the contract and which the user may regularly rely on (so-called cardinal obligation), and limited to the replacement of the foreseeable damages typical for this type of contract. In all other cases the liability is excluded subject to the following regulations. 3. The liability of whispeer for damages resulting from injury to life, body or health and after the product liability obligation remains unaffected by the above limitations/exclusions of liability.
General terms 1. Fulfilment location and place of jurisdiction is Berlin. All legal relations that arise between whispeer and user are governed by German domestic law. The application of the UN right of purchase is excluded. 2. Is the user a businessman, a legal entity under public law or special fund under public law, all disputes arising from or associated with this contract or these terms and conditions are to be handled by the courts of Berlin exclusively; however, whispeer is entitled to sue the user at his/her general place of jurisdiction. 3. Is one of these contract components invalid that does not affect the effectiveness of the other contractual components. In this place of the invalid and unenforceable provision, the agreement shall be deemed agreed upon, which would have been agreed upon by the parties in the event of a reasonable economic assessment in the knowledge of the invalidity or unenforceability. Terms and conditions
Terms and conditions
Convenience translation
Valid for registrations before the 18/10/2017 (current version on top)
Contractual partners and scope of application
Contractual partners are Nils Thenhausen, Calvinstraße 13a, 10557 Berlin, Germany (hereinafter referred to as “whispeer”) and the user.
The here presented terms and conditions determine the users use of the social network run by whispeer and all services provided by whispeer (hereinafter referred to as “whispeer-services”), including but not limited to the software provided by whispeer (hereinafter: “software”). Not included in the software are Open-Source Libraries, which are required for the use of the software, even if the software reloads libraries automatically if necessary; only the respective open-source license and terms thereof apply for these libraries.
Deviating agreements in individual cases precede the regulations of these terms and conditions.
User obligations, abuse, user liabilities
The user is obligated to choose a secure password for his/her whispeer-account (preferably long, unguessable combination of upper- and lower-case letters, numbers and special (characters), to not pass on his password to a third party, to keep his/her password secret and change it immediately or authorise whispeer to change it, if a third party might be aware of the password.
The user is not allowed to use the whispeer services to distribute data that fall under the Bundesdatenschutzgesetz (BDSG), unless a separate contract of processing job data has been concluded with whispeer.
The user is not allowed to abuse the whispeer-services, especially not
for pretending to be someone else, through e.g. using a false name or a picture of another person as his/her profile picture; if the user is not willing to state his real name, he/she is allowed to use a pseudonym, but has to disclose this through activating the respective option in “options”,
for disclosing contact or other personal data of a third party without permission (e.g. on a wall),
for distributing or requested receiving or saving of illegal or immoral or misleading content (e.g. trademark violation, infringement of copyright or the right to use a name, patent infringement, violation of personality, infringement of competition law, sedition, incitement to criminal offences, pornography, glorification or trivialisation of violence, vulgar, offensive, racist or discriminatory content ) or referencing such content (e.g through links pointing to such content),
to commission a crime (e.g. fraud, stalking) or other illegal actions,
for nationalistic or right-wing extremist politics that object the notion of tolerance and international understanding, for organisations with such objectives or for distributing or requested receiving or saving of such content,
for sending prohibited messages, e.g. according to the law unsolicited commercial messages or messages aimed to obtain login details of a third party by fraud (phishing) or to stalk someone according to § 238 StGB (Stalking),
for attacking the server or other user (e.g. by manipulating the software or trying to infiltrate malware).
Abuse is also using a whispeer-account as reply or destination address, if the otherwise sent or disclosed content is illegal when sending via whispeer, according to 2.5 (e.g. as reply address for spam).
Abuse is also choosing a user name that violates laws (e.g. trademark laws, law relating to the use of name) or common decency, that is likely to be misleading, bears reference to violence, sects or anticonstitutional efforts or includes terms of extremist organisations. In cases of doubt, the user should enquire whispeer about the use of the name before choosing.
The user is liable for all damages and expenses that result through a violation by the user of the obligations regulated in the numbers 2.1 to 2.7 and exempts whispeer from all third party claims that are raised because of the violations against his/her aforementioned obligations. This regulation is not applied if the user can prove that he/she is not liable for the violation.
Is the user not a consumer, he/she exempts whispeer from all claims, liabilities, damages, penalties, fines and administrative fines (Ordnungsgeld), costs and expenses that are raised on the grounds of the user not complying with his/her legal regulations, especially the regulations of supervisory law, copyright law, competition law, privacy law and right of personality. This exemption from liability also covers all costs - including personnel costs of whispeer and solicitor fees -, that result from processing and/or defending the in sentence 1 mentioned claims, whether or not the claims valid or invalid.
The user is liable to the same extent for his own actions as for actions of a third party, that was or is authorisedly or unauthorisedly using his/her whispeer-account, including any incidental costs for this. This regulation is not applied if the user can prove that he/she is not liable for the unauthorised use of his/her account.
Termination, erasure of data of the whispeer-account
Unless explicitly agreed otherwise, the user contract is concluded for an indefinite period of time and can be cancelled by both parties at any given time without complying with a period of notice. If the user wishes account termination, he should send a mail containing his user name and the request to delete the account to support@whispeer.de.
Other
All legal relations between whispeer and the user are solely applied under the law of the Federal Republic of Germany. The application of the UN sales law is excluded.
Is the user a businessman, a legal entity under public law or special fund under public law, all disputes arising from or associated with this contract or these terms and conditions are to be handled by the courts of Berlin exclusively; however, whispeer is entitled to sue the user at his/her general place of jurisdiction.
Should one ore more of the regulations of this contract or these conditions be or become invalid or impracticable, the effectiveness of the remaining regulations will not be affected.
