Terms and Conditions
ARTICLE I – CONTENT OF THE SERVICE, CONCLUSION, CHANGES TO THE TERMS
1.1 Service. Metch GmbH with business address at Philippistrasse 10, 14059 Berlin (“we”, “Metch”) provides services in the form of an online magazine called “Staiy Magazine” (“website”) which enables customers (“User”; “you”) to read articles about various topics.
1.2 Changes. We are entitled to change the Terms and other provisions with effect for a future date. We will only carry out these changes for an important reason; in particular based on new technical developments, expanding our services, changes in legislation or jurisprudence or other equivalent reasons. Should the change significantly distort the contractual balance between the parties, the change will not take place. In all other cases, changes require your approval. You agree to be informed about changes to the Terms when you log in or by e-mail to your most recently notified e-mail address. The Terms are considered accepted if you do not object to them in writing or in text form (e.g. by e-mail or fax) within eight weeks after receipt. (“Objection Deadline”). When notifying any changes, we will draw specific attention to this option. We advise you to direct any objection to us in writing or by e-mail for the preservation of evidence. If you do not object to the changed Terms towards us within the Objection Deadline or you continue to use the website despite access to the notification concerning changes, the changed or supplementary Terms become effective. If you object within the deadline, both you and us are entitled to duly terminate the contractual relationship and, after the expiry of a possible notice period, to delete the Account. When notifying changes, we will always explicitly point out the possibility of objection and termination as well as the period of notice and the legal consequences in particular where an objection does not take place.
ARTICLE II – ACCOUNT
2.1 Account eligibility. In order to use the Services, the User needs to be of legal age.
2.2 Transfer. An Account cannot be transferred without our express approval.
2.3 Abuse. You may only have one Account. You undertake to keep secret any login data, passwords and access data (jointly referred to as “Login Details”) for your Account and to inform us without delay as soon as you become aware or suspect that unauthorized third parties gained knowledge of your Login Details. In such a case, you will change your data or have it changed by us. We also reserve the right to block your access temporarily. You will be permitted to use the Account again as soon as we have eliminated the suspicion of any abuse of the Login Details either by you or by a third party. If a third party uses an Account without authorization by gaining access to your Login Details where you are to blame, you are treated as if you had acted on your own.
2.4 Change of Login details. If we suspect that a third party has become aware of the Login Details, we are entitled, but not obliged, to change the Login Details or block the account without prior notice. We will notify you accordingly without delay and, on request, provide you with new Login Details within a reasonable deadline. Further claims by you as a result of the temporary blocking of your Account or change to your Login Details are excluded.
ARTICLE III – REQUIRED TECHNICAL EQUIPMENT AND ELECTRONIC COMMUNICATION
3.1 Local software. The use of the website is only possible through locally installed software as well as an internet connection on your computer, tablet, smartphone or other end device (“End Device”). These include an Internet browser, a connection to the Internet, an operating system. You bear the costs of this software and its application as well as the costs incurred for the use of the Internet connection. It is your responsibility to maintain your End Device in such a manner as to ensure the use of the website. We do not provide any support for this.
3.2 Version. We provide the website within the scope of our technical and operational possibilities. All the services we offer are reworked and updated at our discretion to ensure that they remain attractive for the largest possible circle of users. You may use the website in the most recent version, which will enhance the performance of your experience.
3.3 Electronic communication. You agree to receive communications from us electronically, such as e-mails, texts, mobile push messages, or notices and messages on the website or to your email account. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3.4 Copyright. This website contains material which is our property or for which we have a licence. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is permitted only in accordance with the copyright notice, which forms part of these terms and conditions.
3.5 Trademark. All trademarks reproduced on this website which are not the property of the operator or for which he does not have a license are acknowledged on the website.
3.6 Links. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
ARTICLE IV – ABUSE
4.1 Disruption. You are not entitled to use mechanisms, software, programs or other routines that could disrupt our systems. You may not adopt any measures that could lead to an unreasonable overload of the systems. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
4.2 Exploits. It is prohibited to exploit bugs or faults in the website’s programming.
ARTICLE V – USER OBLIGATION
5.1 Complete information. You undertake to provide us with true and complete information upon registration. You undertake to inform us immediately of any changes to the data supplied and to confirm their validity upon request.
5.2 Conformity with terms. You undertake to abide by the provisions of these Terms.
5.3 Functionality. You will refrain from any action that endangers or disrupts the operation and functionality of the website. In particular, you are prohibited from
- choosing a username that violates rights of third parties (in particular copyright, personal rights, trademark rights, company rights, etc.) or moral standards, e.g. is disrespectful towards religious orientation of third parties, is racist or discriminatory (we expressly distance ourselves from such behavior);
- using an e-mail or internet address as a user name;
- committing identity theft;
- using or publishing content tantamount to mobbing, or threatening, harassing, insulting or defamatory content, or publishing or linking to corresponding material on a third party website, irrespective of whether this content affects other users, our employees or other persons or companies;
- using, placing or publishing discriminatory content (e.g. hate speeches against groups of persons, in particular based on race, ethnic origin, religion, disability, gender, age, veteran status or sexual orientation), or content that is political, immoral, pornographic, morally reprehensible, offensive, violent, glorifies violence, sexist, right-wing or left-wing or that violates laws, in particular child protection laws and the Interstate Treaty on the Protection of Minors;
- or linking to corresponding material on a third party website or advertising, offering for sale or otherwise promote offending products contravening the law, in particular child protection laws;
- violating applicable laws or prompting legal violations or linking to corresponding articles; publishing, duplicating, making publicly accessible or distributing protected content, and in particular violating industrial property rights (e.g. copyright law, trademark law, patent law, design patent law or utility patent law);
- advertising, offering or distributing goods or services;
- conducting or promoting anti competitive actions, including progressive customer advertising (such as chain schemes, snowball schemes or pyramid schemes); requesting provision of login details or personal data from other users for commercial or illegal purposes;
- carrying out or advertising (also via a link) commercial activities and/or sales for third parties, e.g. advertisements, competitions, lotteries, draws, exchange transactions, snowball schemes;
- duplicating or making publicly accessible an image of another person without the relevant person’s written approval; publishing personal data and confidential information without authorization;
- using the services for commercial gain;
- publishing or distributing content that causes damage to networks, servers or other infrastructural components, hampers their operation, or accessing such content (e.g. distribution of worms, trojans, viruses, spyware, password-phishing, etc.).
5.4 Deletion. We are entitled to delete user-generated content. This applies in particular to content violating these Terms.
5.5 Indemnity. You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
5.6. Risk. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
ARTICLE VI – AVAILABILITY
We guarantee availability of the website in 97% on an annual average. Excepted herefrom are times for regular maintenance of the website, which is only possible in an offline mode, and times in which the website, due to force majeure, external manipulation or other problems that are not within our control or that of our vicarious agents, cannot be reached. We are liable for the unavailability of the website only in cases of willful intent or gross negligence or culpable violation of life, body or health.
ARTICLE VII – LIMITATION OF LIABILITY
We are a website publishing articles. This is an original content. It is not in connection with any sort of liability. We cannot fully guarantee the certainty of the content we provide.
ARTICLE VIII – RIGHT OF WITHDRAWAL
Consumers have a legal right of withdrawal. You can find the relevant instructions, as well as a sample withdrawal form, at the end of these Magazine General Terms and Conditions.
ARTICLE IX – CONTRACT DURATION AND CANCELLATION
9.1 Duration and cancellation. Provided nothing to the contrary is agreed in our actual offer, the website agreement between you and us are concluded for an indefinite period of time. It can be cancelled at any time. Reasons need not be given.
9.2 Account deletion. For technical reasons, the final deletion of the Account and the user data only occurs after several days.
ARTICLE X – CORRESPONDENCE
10.1 Contact. We may contact you to service your Account or enforce this Agreement, applicable law, or any other agreement we may have with you, including notifying you regarding your account, fixing problems with your account and resolve a dispute.
10.2 Analysis. Our automated systems scan and analyze the contents of every message sent through the website, including messages between us and the User, to detect and prevent fraudulent activity or violations of these Terms and the agreement with the Vendors. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. We may store message contents, including to conduct this scanning and analysis.
ARTICLE XI – APPLICABLE LAW
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Germany.