T&C of Globologo GmbH

  1. 1. Content of the services offered

    1. 1.1 Globologo (hereinafter "the Company") provides its members (users) with a communication and contact platform on the Internet. The Company's offer is aimed at holiday and leisure travellers. Registered users can provide textual and graphical information about themselves and their holiday and leisure travel preferences and get in contact and communicate with other users.

    2. 1.2 After users have successfully registered, they can participate on the platform, post their own information and content, such as texts and pictures, and view other users' content. According to the purpose of the platform, the content should mainly relate to and travel-related issues.

    3. 1.3 The Company provides these services exclusively for private and non-commercial use by the users. Users shall undertake to utilise the services offered only for their own private communication purposes and avoid any business use, whether their own or that of others.

    4. 1.4 The Company shall endeavour to provide users with uninterrupted services for retrieval or use as far as possible. Despite all reasonable efforts, the Company cannot completely exclude downtime arising from maintenance and software updates, or related to problems of a technical nature or other problems beyond the Company's control.

    5. 1.5 The content of the services offered by the Company expressly excludes the organisation, execution and arrangement of any travel whatsoever.

  2. 2. Applicability of Terms of Use

    1. 2.1 The Terms of Use shall govern the legal relationship between the Company as platform operator and registered users. They shall solely apply to the relationship between the Company and the user.

    2. 2.2 Upon registration, users are referred to these Terms of Use and immediately given the opportunity to review their contents. Users shall grant their consent to the application of these Terms of Use in order to successfully complete the registration. By their registration, users agree to the applicability of these Terms of Use.

    3. 2.3 After registration, the Terms of Use shall apply without limitation to the relationship between the Company and the user, even if the latter is not separately advised on the applicability of these Terms of Use when using individual services.

  3. 3. Membership and Registration, Username and Profile Picture

    1. 3.1 User registration is necessary to access the platform and use the services offered therein. Registration is free. Registration is open to individuals aged 16 and over.

    2. 3.2 Users may only register once. Users are not permitted to carry out multiple registrations. By registering, the user confirms that he is not already registered on the platform.

    3. 3.3 Registration requires users to provide a valid e-mail address, self-chosen username, and to fill in all the data requested on the form. Users agree to these Terms of Use upon registration.

    4. 3.4 Registration creates a free, perpetual contractual relationship between the Company and the user, which is governed by these Terms of Use. Users cannot transfer this contract to a third party.

    5. 3.5 Users can freely choose their username and upload a profile picture upon registration.

    6. 3.6 The username used shall not violate the law, rights of third parties, these Terms of Use or standards of public decency. In particular, usernames may not:

      1. a) Use the name of another person,

      2. b) Use a name that violates or damages the rights of others,

      3. c) Use a name that is protected by copyright or by any other protective rights of third parties,

      4. d) Use a name that could provoke or damage other members, e.g., insulting names.

    7. 3.7 The profile picture used shall not violate the law, rights of third parties, these Terms of Use or standards of public decency. In particular, profile pictures may not:

      1. a) Use the image of another person,

      2. b) Use an image that violates or damages the rights of others,

      3. c) Use an image that is protected by copyright or by any other protective rights of third parties,

      4. d) Use an image that could provoke or damage other members, e.g., gross or vulgar images.

    8. 3.8 Users have no entitlement to enter into a contract of use with the Company. Consequently, the Company may reject any application without stating reasons.

  4. 4. Costs

    1. 4.1 The use of the services offered by the Company on the platform offered by the same is free for the user.

    2. 4.2 The Company cautions that the offered platform is financed by advertising revenue. The Company shall therefore be entitled to place or operate advertising on the platform.

  5. 5. Cancellation, termination of the contract

    1. 5.1 Users may unsubscribe at any time with no notice and without stating reasons. Users may unsubscribe by clicking on the "Delete my account" button in their account. Users may also unsubscribe by sending an e-mail to support@globologo.com stating their most recently used user ID.

    2. 5.2 Following the cancellation, the Company shall permanently delete the user account and all the user’s personal data. Furthermore, the Company shall be entitled to delete any content not removed by the user before unsubscribing for reasons of storage capacity, without thereby assuming any warranty for completeness. The Company shall assume no other obligations arising from the user’s deregistration and the termination of the contractual realtionship.

    3. 5.3 The Company may terminate the usage contract with a notice period of 14 days to the end of the month. The Company shall be entitled to extraordinary termination for good reason, particularly for user account deletion. Furthermore, the Company shall be entitled to extraordinary termination for good reason whenever the continuation of the contractual relationship with the user becomes unacceptable. This is especially, albeit not exclusively, the case if the user violates the obligations laid down in points 6.1 to 6.7.

  6. 6. Obligations of the user

    1. 6.1 Users shall be solely responsible for the contents of their application and for the personal information provided. Users shall ensure that data provided upon registration is accurate and associated with their own person. Where incorrect information is provided deliberately, civil and criminal penalties shall be expressly reserved.

    2. 6.2 Furthermore, users shall ensure that services offered by the Company are used exclusively for private communication and non-commercial purposes, and that no data on other users made available to them is used for commercial or advertising purposes, or disclosed to third parties.

    3. 6.3 Users shall undertake to treat the self-chosen username as confidential and not to disclose or share it with third parties.

    4. 6.4 Users may not take any measures liable to or aimed at systematically reading, assessing, modifying or storing the profiles, information or content of other users, for example, via computer programs or by making copies thereof to use outside of the platform.

    5. 6.5 Users may send e-mails and similar messages to other users only for private communication purposes. In particular it is not permissible to offer or advertise goods or services to other users. Mass mailings of messages to other users (spam) is also not permitted.

    6. 6.6 Users shall undertake to treat as strictly confidential any received e-mails and other communications or information from users that is made available to them in connection with use of the platform offered by the Company, and to refrain from forwarding them to third parties without the express consent of their sender or owner, or to otherwise make them available to third parties. The same shall apply to names, telephone numbers, fax numbers, addresses and e-mail addresses and other personal data of other users.

    7. 6.7 Users shall be solely responsible for any type of textual or graphical content that they choose to post. Users shall therefore act accordingly and ensure that the content they post neither violates applicable laws nor infringes any third party rights. In particular, the following content shall not be permitted on the platform:

      1. a) Commercial or promotional content of any kind, including advertising for political parties or organisations,

      2. b) Content of criminal nature, in particular the dissemination of propaganda of unconstitutional organizations, sedition, content that glorifies violence or pornographic content,

      3. c) Any defamatory, discriminatory or inappropriate content, particularly that of a racist, pornographic, obscene and violent nature,

      4. d) Content aimed at or liable to harass, threaten, or annoy other users or third parties,

      5. e) Disparaging or untrue content,

      6. f) Placement of links to other websites hosting illegal content as described in a) to e),

      7. g) Content entailing a security risk for the Company or for other users, especially data containing viruses or software or other material that is copyrighted or protected by the industrial property rights of third parties, unless the user has the necessary consent to use the software or material.

    8. 6.8 Notwithstanding the possible civil and criminal penalties, the violation of any of above mentioned obligations shall entitle the Company to immediate termination of the user agreement for good reason, and to immediately block the access of the affected user to the offered platform. The Company shall be entitled to remove parts of the profile of the user without consultation. In this case, users shall not be entitled to raise any claims for damages.

  7. 7. Obligations of the Company

    1. 7.1 The Company provides a contact and communication platform, on which users can place their own content, view content placed by other users and contact other users. The Company therefore solely provides a service and shall not be liable for any success.

    2. 7.2 The Company can assume no liability for the permanent and uninterrupted technical availability of the services offered. System-induced failures, interruption and/or disturbance of the technical equipment and the services offered cannot be completely excluded. Therefore, the Company shall not be liable for any failure or delay in accessing the services offered arising from or connected to force majeure or events beyond the Company's control, in particular, the failure of external communication channels and lines. Furthermore, the Company can assume no liability for unauthorised access by third parties to personal data, e.g., through unauthorized access to the database.

    3. 7.3 The Company has, as a matter of principle, no monitoring capability or function with regard to the accuracy and security of the content and information that users place in their profiles or that is exchanged between users. The Company shall therefore decline any responsibility for such content and information.

    4. 7.4 It cannot be excluded that users enter incorrect information or use the platform in another unauthorized or illegal manner, notwithstanding the fact that this is prohibited by the Company and infringes the obligations of the user set forth in points 6.1 to 6.7. The Company shall therefore decline any responsibility for unauthorized, illegal use or abuse of the platform by users. Furthermore, the Company shall assume no liability for the accuracy of the user profiles created. The Company shall bear no responsibility for any personal information, content and information made accessible directly and voluntarily by users to third parties that is used in an improper or illegal manner by the latter.

    5. 7.5 The Company shall be liable to the user according to statutory provisions for damage arising from injury to life, body or health, based on an intentional or negligent breach of duty, and for other damages based on an intentional or grossly negligent breach of duty and bad faith. This is without prejudice to the liability for damages arising from mandatory statutory provisions such as the Product Liability Act, and in case of the assumption of guarantees by the Company.

    6. 7.6 Save for a liability case set out under point 7.5, the Company shall be liable for slight negligence only if it itself, its legal representatives, officers or other agents breach an essential contractual obligation (cardinal obligation), which may jeopardise the achievement of the contractual purpose, and the due performance of which the user may regularly rely upon. In these cases, the liability of the Company shall be limited to the typically foreseeable, direct damage. In all other cases, the Company shall not be liable for slight negligence.

  8. 8. Exemption from liability

    1. Users shall exempt the Company from any liability and from all obligations, expenses and claims with regard to damages resulting from the violation caused by the user or misuse by the user of the services offered. This applies in particular to the infringement of intellectual property or other rights of other users or third parties, violation of personal rights of other users or third parties, and the failure of services to other users.

  9. 9. Granting of rights of use

    1. 9.1 In order for the Company to operate the platform, users are required to grant the Company a temporally and spatially unlimited, non-exclusive right to use the content submitted. The Company shall only process content posted by users if this is necessary for the purposes of graphic representation or for editorial reasons.

    2. 9.2 Users shall not be entitled to any compensation whatsoever for granting such rights.

  10. 10. Amendments to the Terms of Use

    1. 10.1 The Company is entitled to amend these Terms of Use without stating reasons.

    2. 10.2 The Company shall expressly inform users of any amendments and send the amended Terms of Use to the user via e-mail. Users then have the possibility of objecting to the validity of the new Terms of Use within six weeks of receiving the e-mail. The Company shall explicitly refer to this option and the relevant time limit in the e-mail. The amended Terms of Use shall be deemed accepted by the user should the latter fail to object to the amended Terms of Use within the time limit.

    3. 10.3 If the user objects to the amended Terms of Use within the period, the Company shall be entitled to terminate the contractual relationship with the user within a period of 14 days to the end of the month. The Company shall also refer to this option when forwarding the amended Terms of Use.

  11. 11. Privacy policy

    1. 11.1 The Company takes data protection, and in particular the confidential and responsible use of users' personal data, very seriously.

    2. 11.2 The Company therefore always endeavours to collect and use the users’ personal data in accordance with the relevant statutory requirements of the data protection law, i.e. in particular pursuant to the German Federal Data Protection Act (BDSG), the data protection provisions in the Telecommunications Act (TKG) and data protection requirements of EU law. Further important information on data protection is available in the privacy policy of the Company.

    3. 11.3 The user is advised that any data and content directly and voluntarily published on the platform is publicly available, in particular, to the group of registered users.

  12. 12. Final provisions

    1. 12.1 These Terms of Use and the contractual relationship between the Company and the user shall be exclusively subject to the laws of the Federal Republic of Germany, to the exclusion of any conflict of laws.

    2. 12.2 If any provision of these Terms of Use is or becomes invalid or incomplete, the validity of the remaining provisions of these Terms of Use shall remain unaffected.