Terms and conditions

  1. Contractual partners and scope of application
    1. Contractual partners are mindpost GmbH, Schmargendorfer Straße 34, 12159 Berlin, Germany (hereinafter referred to as “whispeer”) and the user.
    2. 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.
    3. Deviating agreements in individual cases precede the regulations of these terms and conditions.
  2. 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 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.
    3. 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, but has to disclose this through activating the respective option in “options”,
      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 trivialisation 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 organisations 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).
    4. 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).
    5. 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.
    6. 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.
    7. 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.
    8. 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.
  3. 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. 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.
  4. Other
    1. 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.
    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. 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.