Terms of Use

Terms of Use for the Beesiness Online Platform

Please read these Terms carefully before using the Beesiness Platform. By using the Platform, you agree to be bound by these Terms. 

1. Scope of the Terms of Use

(1)   These Terms of Use apply to the online offer of the company Beesiness, which can be accessed on the Internet at www.beesiness.eu. This is a platform where users can create profiles.

(2)   You can retrieve and print the currently valid Terms of Use at www.beesiness.eu.

2. Conclusion of contract and user account 

(1)   By completing the online registration process and creating a profile, a user agreement with Beesiness UG is concluded. The subject of the user contract is the free use of the profile.

(2)   In order to create a profile, it is necessary to create a user account. This consists of a user name and a password ("log-in data").

(3)   The creation of a user account is only possible by providing a current e-mail address of the user. This e-mail address is also used for communication with the operator. We may communicate with you electronically in a variety of ways, such as by email, text messages, or by posting electronic messages or other communications on our website.

(4)   The User warrants that the data used to create his/her profile ("Profile Data") is accurate and complete. The use of pseudonyms is not permitted.

(5)   The language of the contract is exclusively German.

(6)   In the event of any communication between the user and other users, any contractual relationships shall arise exclusively between the users involved. The operator is neither a representative nor a contractual partner himself.

(7)   Beesiness will only become a contractual partner for products if they are sold directly to the customer. In this case, the T&Cs on the page www.beesiness.eu apply. 

3. Copyright and data base rights

(1) All content contained in or made available through a Beesiness Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data collections, is the property of Beesiness or of third parties who supply or make content available on the Website. It is protected by German and international copyright and database law.

(2) The systematic extraction and/or reuse of parts of the Beesiness Platform is prohibited without our express written consent.

4. Liability

  1. The operator makes every effort to ensure that the portal operates smoothly. Naturally, this is limited to services over which the operator has an influence. The Operator is at liberty to restrict access to the Portal, in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns and other events beyond its control.
  2. Unlimited liability: The operator is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, the operator is liable for damages resulting from injury to life, body and health of persons.
  3. In all other respects, the following limited liability applies: In the event of slight negligence, the operator is only liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract in the first place and on the observance of which the user may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to the benefit of the operator's vicarious agents.
  4. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
  5. Insofar as the liability of Beesiness is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

 

5. Use of the profile

(1)   When using the Profile, the User may use various services: The user has the option of publishing their own content (text, images, etc.) within the portal.

(2)   The Operator is entitled to block access to individual contents at any time, e.g. if there is a suspicion that they violate applicable law or the rights of third parties. There is no entitlement on the part of the user to maintain individual functionalities of the portal.

6. Obligation of the User to Cooperate: Posting Content

(1)    The user undertakes to comply with applicable law (e.g. criminal, competition and youth protection law) when creating and using his or her own content and not to infringe any rights of third parties (e.g. name, trademark, copyright and data protection rights).

(2)   The User undertakes to the Operator that any content posted on the Portal does not violate applicable law or morality by its content or form. The same applies to setting external links. In particular, it is not permitted to distribute content that

  1. Racism
  2. Glorification of violence and extremism of any kind
  3. Incitement and incitement to commit crimes and violations of the law, threats against life, limb or property
  4. Hate speech against persons or companies
  5. Statements that violate personal rights, defamation, defamation and defamation of users and third parties, as well as violations of unfair competition law
  6. Copyright-infringing content or other infringements of intellectual property rights
  7. sexual harassment of users and third parties
  8. Pornography
  9. depicts, concerns, or contains any offensive, sexist, obscene, vulgar, disgusting, or disgusting materials or language.

 

(3)    Copyrighted content may only be included verbatim in contributions without the consent of the respective copyright holder within the scope of the applicable quotation law. Quotations are to be identified by highlighting them using the quotation function and citing the source. The distribution and/or public reproduction of any content of the Portal without the consent of the Operator is prohibited.

7. Further obligations of the user to cooperate

(1)   Without the express permission of the Operator, the User may only use the Portal for private purposes and may not advertise for himself or third parties. This means, in particular, that the user may not use messages of advertising content without the consent of the operator and the recipient (in particular: spam messages).

(2)   In the event that the User uses the opportunity to inform third parties about the existence of the Portal via the recommendation function provided by the Operator, the User shall ensure that the third party agrees to the sending of the advertising recommendation e-mail.

(3)   In the event that the content contains hyperlinks to third-party sites, the user warrants that he/she has the right to use the hyperlink and that the website to which reference is made ("landing page") is compatible with applicable law and the rights of third parties.

(4)   The user is obliged to handle the log-in data carefully. Without exception, the User is prohibited from communicating the log-in data to third parties and/or allowing third parties to access the profile by bypassing the log-in data.

(5)   The User must refrain from any activity that is likely to impair and/or excessively burden the operation of the Portal or the technical infrastructure behind it. These include, in particular:

  1. the use of software, scripts or databases in connection with the use of the Portal;
  2. the automatic reading, blocking, overwriting, modification, copying of data and/or other content, insofar as this is not necessary for the proper use of the Portal;

 

(6)   It is also unlawful to remove the anonymity of other users or to disclose information from other users from private messages, e-mails or chats that are not intended for the public. Users may not include or otherwise disclose any information in their posts that could reveal the identity of another user or that the user has received from other users solely in private messages, emails or chats.

(7)   In the event of any disruptions in the use of the Portal or its functionalities, the User shall immediately inform the Operator of such disruption. The same applies if the user obtains information about content published by third parties that obviously violates the applicable law or the rights of third parties.

8. Rights of use

(1)   The User grants the Operator an irrevocable, non-exclusive, free of charge, non-exclusive, free of charge, spatially and temporally unrestricted, irrevocable right to third parties. The operator is entitled to use, edit and exploit the content at any time. This includes, in particular, the right of reproduction, the right of distribution and the right of communication to the public, in particular the right of making available to the public. The user waives the right to attribute the author. This provision does not affect the user's ability to grant third parties rights to posted content in accordance with certain licensing models.

(2)   All rights to the contents of the portal are held by the operator. The User is prohibited from reproducing, distributing and/or publishing any content that the Operator, other Users or third parties have placed on the Portal. 

9. Entitlement to indemnification

The User shall indemnify the Operator and its employees or agents against all claims of third parties arising therefrom in the event of a claim for alleged or actual infringement of rights and/or infringement of the rights of third parties by actions taken by the User in connection with the use of the Portal. In addition, the User undertakes to reimburse all costs incurred by the Operator as a result of the use by third parties. Reimbursable costs also include the costs of adequate legal defence.

10. Personal data

(1)   The user hereby consents to the storage of the personal data entered by him/her. This also applies to the storage of IP addresses that are transmitted each time the portal is used. In particular, the user also consents to the presentation of the personal data entered by him in his profile presentation within the portal for other users of the portal and third parties who are not users of the portal.

(2)   The User also consents to the use of his/her personal data for the personalization of advertisements placed on the Portal (personal data will not be passed on to the advertisers). The user also agrees that third-party advertisements of any kind may be placed on their profile pages.

(3)   The use of the Portal makes the collection, processing and use of personal data by the Operator unavoidable. The operator assures that all stored data will be treated with care and processed exclusively within the framework of the user's consent under data protection law. Any further use of personal data by the operator will only take place if this is legally permissible or if the user has given his prior consent.

(4)   The User further agrees that the Operator may use the User's personal data for direct marketing purposes. This includes addressing the user for advertising purposes by e-mail and by post.

11. Term of Contract/Termination

(1)    The contract runs for an indefinite period of time and can be terminated by either party at any time without notice and without giving reasons.

(2)   In addition, and in addition, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.

(3)   For the Operator, there is good cause for termination of this contract if the customer persistently violates his obligations under clause 4 or 5 of this contract.

(4)   If these Terms of Sale are breached and we take no action, this does not mean that we waive our rights. We reserve the right to take action and exercise our rights on any other occasion in which you breach these Terms of Sale.

12. Final Provisions

 (1)   Should the contract contain invalid provisions, the validity of the remainder of the contract shall remain unaffected.

(2)   German law shall apply exclusively to this contract.