MAD - Terms & conditions
Version 1.0 | This
document was most recently revised on 6 Juli 2021.
The service "Fangage" is offered over the internet by MAD, with registered office at
RheinEvents GmbH
Dottendorfer Str. 86
53129 Bonn
Handelsregister: HRB: 21663
Registergericht: Bonn
Vertreten durch:
Sandro Heinemann
Kontakt
Telefon: 0228 972 780 35-0
E-Mail: info@rheinevents.de
Umsatzsteuer-ID
Umsatzsteuer-Identifikationsnummer gemäß §27 a Umsatzsteuergesetz:
DE302356418
The use of Fangage is subject to the below terms and conditions. Using Fangage constitutes acceptance of these terms and conditions.
Deviation from these terms
and conditions is possible only by means of written confirmation by MAD.
ARTICLE 1. USE OF THE
SERVICE
1.1. The service Fangage
allows you to publish a profile about yourself and to enjoy the content
delivered to you by MAD.
1.2. To use Fangage, you
first need to register. After completing registration, you can directly log
into your account and use the service.
1.3. In order to prevent
unauthorized use by third parties, you must secure access to your account using
the username and password. In particular you must keep your credentials
strictly confidential. MAD may assume that all actions undertaken from your
account after logging in is authorized and supervised by you. This means you
are liable for these actions, unless and until you have notified MAD your
account is compromised.
1.4. Fangage processes
your personal data. You give your consent for all forms of processing within
the scope of the service. Consult our privacy statement for more information.
ARTICLE 2. TERMS OF USE
2.1. It is not permitted
to use Fangage for any purpose that violates Dutch or other applicable law or
regulation. This includes (among others) the storage or transmission of data
using the service that is slanderous, libelous or racist, or to create profiles
on Fangage under the names of other people or to pretend to be another person,
or a moderator/maintainer of Fangage.
2.2. In addition, on
Fangage it is forbidden to:
·
use indecent language;
·
publish information that is pornographic or erotic (even if
legal under applicable law);
·
publish information in violation of copyright or hyperlinks to
such information;
·
publish information that is false or that refers to other people
than yourself;
·
exercise commercial activities;
·
and to do anything that violates the applicable netiquette.
2.3. Should MAD discover
that you violate any of the above, or receive a complaint alleging the same,
then MAD may intervene to end the violation. MAD has the right to block,
suspend or delete your account or to take other steps it deems reasonably to
end the violation or to investigate the complaint.
2.4. If in the opinion of MAD
the continued functioning of the computer systems or network of MAD or third
parties is actually or under threat of being damaged or jeopardized, for
example through excessive transmission of e-mail or other data, leaks of
personal data or virus activity, MAD may take all steps it deems reasonably
necessary to end or avert such damage or jeopardy.
2.5. MAD is at all times
entitled to file a criminal complaint for any offenses committed through or
using the service. In addition MAD is entitled to supply your name, address,
IP-address and other identifying data to a third party if:
1. there is
sufficient cause to reasonably assume the content is illegal and harmful to the
third party;
2. the third
party has a real interest in obtaining the data;
3. it can be
reasonably assumed there is no less intrusive manner to obtain the data;
4. when
weighing the interests of the third party, MAD and the service providers of MAD,
the interest of the third party should prevail.
2.6. MAD may recoup from
you all damages it suffers as a result of your violation of these terms of use.
You agree and hold harmless MAD from all third-party claims arising out of your
violation of these terms of use.
ARTICLE 3. AVAILABILITY
AND MAINTENANCE
3.1. MAD makes no promises
regarding availability of the service.
3.2. MAD actively
maintains Fangage. Maintenance can take place at any time, even if this may
negatively impact the availability of the service.
3.3. MAD may from time to
time adapt Fangage. Your feedback and suggestions are welcome but ultimately MAD
decides which adaptations to carry out (or not).
ARTICLE 4. INTELLECTUAL
PROPERTY
4.1. The service Fangage,
the accompanying software as well as all information and images on the website
is the intellectual property of MAD or its suppliers or licensors. None of
these items may be copied or used without prior written permission of MAD or
its suppliers or licensors, except and to the extent permitted by mandatory law.
4.2. Information you store
or process using the service is and remains your property (or the property of
your suppliers or licensors). MAD receives an unlimited license for use of this
information for the service, including future aspects thereof.
4.3. The license of the
previous clause is perpetual. The license remains in force after termination of
the agreement. In exceptional circumstances where a serious reason calls for
it, MAD may decide to adapt or remove the information.
4.4. You may change or
remove information you publish or store using the service at your own
discretion. Feel free to contact us if you need any help changing or removing
your information.
4.5. If you send
information to MAD, for example a bug report or suggestion for improvement, you
grant MAD a perpetual and unlimited license to use this information for the
service. This does not apply to information you expressly mark as confidential.
4.6. MAD shall refrain
from accessing data you store or transfer using Fangage for purposes other than
the provision of the service, unless MAD is forced to do so by law or order of
competent authority. In these cases, MAD shall use its best efforts to limit
access to the information as much as possible.
ARTICLE 5. COMPENSATION
FOR THE SERVICE
5.1. Fangage is offered to
you at no charge. MAD may (now or in the future) offer additional products or
services through the platform for which a compensation is due. We will inform
you about the amount of the compensation and the method of payment if this is
the case.
ARTICLE 6. LIMITATION OF
LIABILITY
6.1. Because of the fact
that Fangage is offered to you at no charge, MAD cannot accept liability
whatsoever for the use of the service or any damages in connection therewith,
except in case of willful misconduct or deliberate recklessness by management
or managerial staff.
6.2. MAD in no event is
liable for indirect damages, consequential damages, lost profits, missed
savings or damages through business interruption, except in case of willful
misconduct or deliberate recklessness.
ARTICLE 7. TERM AND
TERMINATION
7.1. This agreement enters
into force as soon as you use your account and then remains in force until terminated.
7.2. You may terminate the
agreement at any time by ceasing your use of Fangage. In case of termination, MAD shall close and remove your account.
7.3. MAD is entitled to terminate the agreement if you
have not used the service at all in the last 18 months. In such an event MAD shall
first send a reminder mail to the e- mail address connected to your account. In
addition, COMPANY NAME is entitled to terminate the agreement in case Fangage
is cancelled.
ARTICLE 8. CHANGES TO TERMS
8.1. MAD may change or add to these terms and
conditions at any time. Changes and additions shall be implemented with due
observance of a term of 30 calendar days after the notification of the change/amendment to you per e-mail.
8.2. If you do not want to
accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Fangage after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
ARTICLE 9. MISCELLANEOUS
PROVISIONS
9.1. Dutch law applies to this agreement, except to the extent determined otherwise by mandatory applicable law.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Fangage shall be brought before the competent Dutch court for the principal place of business of MAD.
9.3. When these terms and conditions state that something must be done “in writing”, this includes e-mail or communication through the Fangage service, provided the integrity and authenticity of the electronic message can be verified to a reasonable level of certainty.
9.4. The version of any
communication of information as recorded by MAD shall be deemed to be
authentic, unless you supply proof to the contrary.
9.5. In case any part of
these terms and conditions are declared legally invalid, this shall not affect
the validity of the whole of the agreement. The parties shall in such an event
agree on one or more replacement provisions that approximate the original
intent of the invalid provision(s) within the limits of the law.
9.6. MAD is entitled to
transfer its rights and obligations under this agreement to a third party as
part of an acquisition of Fangage or the associated business activities.