I. Object of the Agreement, Modifications
1.1 CLiGGO UG (haftungsbeschränkt), Handschuhsheimer Landstrasse 47, 69121 Heidelberg, Germany, (hereinafter, "Service Provider") provides a platform on www.cliggo.com, (hereinafter, "The Portal"), on which users can listen to music. Furthermore, duly registered participants can also create individual, personal playlists, access Content available on the Portal, and use any gratuitous services currently available on the portal as per their respective availability. Further information about the services can be found in the Service Description, Paragraph 8.
1.3 Information regarding the Service Provider can be found here (Imprint).
II. Participant Registration, Handling of Access Data, Termination of Participation
3. Authorization of Registration
3.1 The full use of the services available on the Portal requires your registration as a Participant. You are not automatically entitled to participation. The Service Provider is entitled to reject requests for participation without giving a reason.
3.2 Registration is only granted to individual adults of full legal competency. Underage persons may only register with the consent of their parents or legal guardians.
4. Your Registration on the Portal
4.1 The Service Provider offers you free registration, allowing access to the Content of the website.
4.2 Contact details and other information requested by the Service Provider during the registration process must be entered correctly and in its entirety. For the registration of a legal entity, the duly authorized representing individual must also be specified.
5. Responsibility for the Access Data
5.1 During the registration process, you will be asked to enter a username and a password. After the activation of your account and your confirmation thereof according to Paragraph 4.3, you can log into the Portal with this login data. It is your responsibility to ensure that the username does not infringe on third party rights, especially name or trademark rights, and that it does not violate public morals.
5.2 You are obliged to keep the access data, including the password, secret and to not make them accessible to unauthorized third parties.
5.3 Furthermore, it is your responsibility to ensure that the Portal is only accessed and the services available on the Portal are only used by you or persons authorized by you. If you are concerned that unauthorized third parties have gained or will gain knowledge of your access data, please inform the Service Provider immediately. In accordance with the statutory provisions, you are responsible for all use of the Portal and/or other activities that are performed under your account.
6. Updating Participant Information
It is your responsibility to keep your information (including your contact details) up-to-date. If there is a change in the provided information during the period of your participation, you must promptly correct said information in your personal settings on the Portal. If you are unable to do so, please let notify us about the changes to your information immediately via e-mail or fax.
7. Termination of Participation
7.1 You may terminate access at any time by cancelling your registration on the Portal.
7.2 Once your termination takes effect, the contractual relationship shall end and your access will be de-authorized. The Service Provider reserves the right to suspend the username and password once termination takes effect.
7.3 The Service Provider is entitled to terminate the contractual relationship within a period of one month to the end of the month following termination.
7.4 In particular, the Service Provider shall make use of its right to ordinary termination and deletion of the user account if you have not logged in and have not responded to a reminder message for at least one year.
7.5 The Service Provider is entitled to irretrievably delete all data connected to your participation after a period of 30 calendar days from the effective date of termination and after the expiration of any legally mandated record-keeping periods.
III. Use Without Registration
Should you wish to use the services without becoming a Participant, the services shall be made available on a limited basis (other use). The Service Provider is entitled, but not obliged, to grant you a right to use the services. Other use is only permitted if the provisions provided for in Paragraphs 11, 13 and 14 are observed.
IV. Services and Content on the Portal
8. Services Offered and Availability of Services
8.1 The Service Provider provides information and other services for temporary use on the Portal. Such services may include, for example, making data, contributions, image or audio documents, information or other Content (collectively referred to as "Content" ) available, the ability to create personal profiles, or contact with other Participants by means of personal messages. Content and the scope of services shall be determined by the respective functionalities available on the Portal.
8.3 It is not the responsibility of the Service Provider to ensure that access or all services are always available. A claim to the use of services available on the Portal only exists within the framework of the technical and operational capabilities of the Service Provider. The Service Provider is committed to providing its services as seamlessly as possible. However, temporary restrictions or interruptions may occur due to technical disruptions (such as loss of power, hardware and software errors, or technical problems with the data lines).
9. Service Changes
The Service Provider is entitled to change the unpaid services provided on the Portal, to make new, unpaid services available, and to cease the provision of unpaid services at any time. In doing so, the Service Provider shall duly take your legitimate interests into account.
10. Content Protection, Responsibility for Third Party Content
10.2 The Content available on the Portal comes in part from the Service Provider and partly from other Participants or other third parties. Content from Participants and other third parties is collectively referred to as "Third Party Content". The Service Provider does not check Third Party Content for completeness, accuracy or legality and assumes no responsibility or liability for the completeness, accuracy, legality or timeliness of Third Party Content. This also holds true with regard to the quality of Third Party Content and its appropriateness for a particular purpose and with regard to any Third Party Content on linked, external websites. All Content on the Portal is Third Party Content, except Content which is provided with a copyright notice by the Service Provider.
V. Your Use of the Services on the Portal
11. Scope of Permitted Use, Monitoring Usage Activity
11.2 You yourself are responsible for meeting the necessary technical prerequisites for contractual use of the services. The Service Provider is not required to offer any advice on this subject.
12. Creating User Profiles
12.2 The Service Provider does not normally check the identity of the profile owner or the information contained in the profiles. Therefore, the Service Provider does not guarantee that each profile corresponds to the person that the respective profile owner claims to be.
13 Right to Use of Content Available on the Portal
- You may solely retrieve and display Content available on the Portal for your personal use. This right of use is limited to the duration of your contractual participation on the Portal;
- You are not permitted to edit, modify, translate, present or produce, publish, exhibit, reproduce or distribute Content available on the Portal either in whole or in part. It is also prohibited to remove or modify copyright notices, logos and other trademarks or protective notices.
13.2 You are only allowed to download Content ("Download") or to print Content insofar as a functionality allowing downloading or printing is available on the Portal (e.g. a download button). You will have a non-exclusive right to use all Content that has been downloaded or printed in accordance with these provisions for an unlimited period of time for your own, non-commercial purposes. All other rights to the Content shall remain with the original rights holder (the Service Provider or the relevant third party).
14. Prohibited Activities
14.1 The services available on the Portal are strictly intended for non-commercial use by the Participants. Any use for or in connection with any commercial endeavors is prohibited, unless such use is expressly permitted to you by the Service Provider in written form and in advance. In particular, illicit commercial uses include
- All offers and advertisements of paid Content, services and/or products, both your own and those of third parties,
- All offers, advertisements and performance of activities of a commercial nature, such as contests, sweepstakes, barters, advertising, or pyramid schemes, and any electronic or other collection of identity and/or contact information (including e-mail addresses) of members (e.g. for the purpose of sending unsolicited e-mails).
14.2 You are prohibited from performing any activities on or in connection with the Portal that violate the law, violate the rights of any third party or infringe on the principles of the protection of minors. In particular, the following actions are prohibited:
- The use of Content that insults or slanders other Participants or third parties;
- The use, provision and distribution of Content, services and/or products that are protected by law or encumbered with third party rights (e.g. copyright) without explicit authorization.
14.3 Furthermore, irrespective of any possible violation of the law, the following activities are prohibited when posting your own Content on the Portal or communicating with other Participants (e.g., by sending personal messages, participating in discussion forums or writing guestbook entries):
- The dissemination of viruses, Trojans and other harmful files;
- Sending junk or spam mail and chain letters;
- The dissemination of lewd, offensive, sexually characterized, obscene or defamatory Content or messages, and such Content or messages that promotes or supports racism, bigotry, hatred, physical violence or illegal acts, either explicitly or implicitly;
- The harassment of other Participants, e.g. through repeated personal contact without or despite the response of the other Participant, as well as promoting and supporting such harassment;
- Asking other Participants to disclose their passwords or personal information for commercial or unlawful purposes;
- The distribution and/or publication of Content available on the Portal, to the extent that this is not expressly permitted by the respective authors or provided as an explicit functionality on the Portal.
14.4 You are also prohibited from any action that is likely to affect the smooth operation of the Portal, in particular by putting excessive strain on the systems of the Service Provider.
14.5 If you are made aware of any illegal or abusive use, any use that constitutes a breach of contract or any otherwise unauthorized use of the Portal, please contact us at infoscienity.net. The Service Provider will then investigate the matter and, if necessary, take appropriate action.
14.6 If a suspicion of unlawful or criminal acts exists, the Service Provider is entitled and possibly also obliged to review your activities and, if necessary, initiate appropriate legal action. This may include forwarding records to the prosecutor.
15. Suspension of Access
15.2 Should a temporary or permanent suspension occur, the Service Provider shall suspend your access authorization and notify you thereof via e-mail.
15.3 In the event of a temporary suspension, the Service Provider shall reactivate your authorization for access after the suspension period expires and notify you thereof via e-mail. Permanently suspended access authorization cannot be recovered. Permanently suspended individuals are permanently excluded from participation in the Portal and may not log on to the Portal again.
VI. Processing of Your Personal Data
16. Data Protection
16.1 The quality standards of the Service Provider include the responsible handling of the Personal Data of Participants (hereinafter referred to as "Personal Data"). Personal Data entered during the registration process for the Portal, as well as resulting from the use of the available services, will only be collected, stored, and processed by the Service Provider to the extent necessary for contractual services and to the extent permitted by law or ordered by legislature. The Service Provider shall treat your Personal Data confidentially and in accordance with the provisions of the applicable data protection legislation and will not disclose your Personal Data to third parties.
16.2 Furthermore, the Service Provider shall only use your Personal Data with your explicit consent. Your consent may be revoked at any time.
VII. Limitation on Liability
17. Limitation on Liability for Unpaid Services
Should damage be inflicted on you through the use of unpaid services provided on the Portal (including the retrieval of free Content), the Service Provider is only liable if said damage was caused in the scope of contractual use of the free Content and/or services as a result of willful misconduct (including malice) or gross negligence on the part of the Service Provider, or if the Service Provider's liability is established due to product liability claims.
18. Written Form Requirement
19. Severability Clause
20. Applicable Law