mixxt Small Communities Terms of Service
The Website available under the URL http://smallcommunities.mixxt.de (“mixxt.net” or “Website”) is made available by mixxt GmbH (“mixxt”), Adenauerallee 134, 53113 Bonn, Germany. For respective networks, other top level domains, as for example “mixxt.de” or “mixxt.com”, are available (for the purpose hereof also included in the terms “mixxt.net” or “Website”).
- Eligible users and conclusion of contract
- The Website is made available to users of 12 (twelve) years of age or older. Users have the opportunity to register on the website. Prerequisite for the registration and ongoing availability of the usage relationship includes an email address which is valid and active long term. Furthermore, correct and complete information has to be provided and any amendments thereto have to be updated.
- Upon registration the user can choose his user name, his so-called mixxt ID and a password. The user shall keep his password strictly confidential and shall not grant access to third parties to mixxt.net via his mixxt ID. Der Nutzer ist für sämtliche Handlungen verantwortlich, die unter Nutzung seiner Zugangsdaten begangen werden. Ein Abhandenkommen der Zugangsdaten wird der Nutzer mixxt unverzüglich melden.
- This agreement is made by the user submitting the registration form and confirmation of this registration by mixxt, in which the user is communicated an activation code valid for first log in.
- Information on revocation (“Widerrufsbelehrung”)
- Declaration on Revocation: A user may revoke the registration of his network within two weeks without giving cause: Easiest way is via the network deletion link in the admin interface of his network. Revocation may be effected otherwise in text form (e.g. fax or email). The respective period commences after mixxt’s receiving this notice in text form, however not prior to formation of contract. The respective period further does not commence until mixxt has performed its obligations pursuant to Sec. 312 c para. 2 BGB in connection with Sec. 1 para. 1,2 and 4 BGB-InfoV and Sec. 312e para. 1 s. 1 BGB in connection with Sec. 3 BGB-InfoV. Timely sending of the revocation suffices.
- Consequences of Revocation: Upon valid revocation the parties have to return performances and services received and emoluments taken. If the user is unable to return services holy or partly or return such only in a deteriorated state, the Admin may be obliged to compensate mixxt.
The right to revocation forfeits if mixxt has with explicit consent of the Admin prior to the end of the respective period commenced performance or the user has himself caused services to be rendered (e.g. by logging in or a processing network content).
End of the declaration on revocation.
- Access to and content of the services
- mixxt.net is a communication platform which allows third parties (so called “Admins”) to create and independently administer an own community or own network for their personal needs and to offer such for users for membership. mixxt only provides the software for the networks, whereas the content exclusively originates from users, which are members of the respective networks.
- Apart from the software, mixxt provides on its own pages further contend, including e.g. Blogs, Twitter, Streams and summaries of user activities.
- As part of the usage relationship, mixxt regularly provides information on updates & changes. The user may further opt-in, upon registration or any time later, to receive the email newsletter.
- All networks usually contain advertising to external content, offers and services of third-parties. This advertising is marked with the word “mixxt advertisements” or “mixxt ads”. mixxt provides all functionality relating to advertising, including deals with advertising networks. Network creators are solely responsible for any relationships, contracts or other dealings with any third-party. mixxt is not responsible or liable for any loss or damage of any sort incurred as a result of the presence of advertising.
- mixxt offers Premium Packages / Premium Product Plans as upgrades for networks. The categories and prices of the mixxt Premium Packages / Premium Product Plans and Support Services are described here (http://mixxt.com/general/pricing) and are subject to change from time to time. mixxt may temporarily change the pricing or services included in the mixxt Premium Packages / Premium Product Plans for promotions or new services. Such changes have an immediate effect when mixxt publishes the temporary promotion or adds a new service on the mixxt platform. mixxt Premium Packages / Premium Product Plans are not compulsary for the usage of mixxt.
Upon opting for a mixxt Premium Package / Premium Product Plan the user agrees on being responsible for paying all fees and applicable taxes associated with the mixxt Premium Packages / Premium Product Plans in a timely manner with a valid payment method. The user also authorises mixxt or its third party payment providers to immediately charge the credit card, charge card, debit card, PayPal, or financial institution account (herein “Payment Method”) provided to mixxt for all charges to the users’ accounts with mixxt.
The mixxt Premium Packages / Premium Product Plans are available in two billing methods. The Prepaid Billing Method provides the mixxt Premium Packages / Premium Product Plans for a specific duration and bills in advance. After the duration has expired the Premium Features included in the mixxt Premium Package / Premium Product Plan are deactivated. The user is notified before the duration has expired and can extend the duration. The Recurring Billing method authorises mixxt to automatically charge the fee to the Payment Method provided by the user in the ordering process at the beginning of each recurring period. If the Payment Method fails or the account is past due, (a) the user agrees to pay all amounts due on the account upon demand, (b) mixxt may collect fees owed using other collection mechanisms (this includes charging other payment methods provided to mixxt in any previous ordering process) and (c) mixxt reserves the right to either deactivate, suspend or terminate the mixxt Premium Package / Premium Product Plan, Support or the user account with mixxt, including deletion of the network from the mixxt platform.
- The user opting for a mixxt Premium Package / Premium Product Plan acknowledges and agrees that any related billing and payment information including credit cards that have been provided to mixxt may be shared by mixxt with payment processors and/or credit agencies for the purpose of checking credit and/or effecting payment to mixxt and servicing the users’s account.
- User obligations
- Each user shall respect applicable laws of the Republic of Germany. It is prohibited to publish any content which promotes violence, endangers juveniles, is racist or pornographic, and to link to such content. Each user has to adapt his behaviour and published content to the fact that mixxt.net is accessible to users from the age of twelve. Additionally, content considered indecent by mixxt, as well as such of questionable legality, is prohibited.
- With regards to content and materials used, each user has to secure that such is free from any rights of third parties and does not infringe any third parties’ rights. The user indemnifies mixxt against and holds mixxt harmless from any claims by third parties, based on published content or materials or the user’s behaviour, including reasonable legal fees unconnected with such claims.
- User activities, which aim at rendering mixxt.net dysfunctional or impede usability, are prohibited, appropriate civil remedies and criminal law enforcement may be sought. Specifically prohibited are any activities which may influence the physical or logical structure of the service, as well as automated grabbing of data, including data crawling and data scraping.
- The services of mixxt.net are not be used for illegitimate purposes. The service and the software contained shall exclusively be used for the network made available under mixxt.net and shall not be copied. It is specifically prohibited to register third parties with mixxt.net without their knowledge and explicit consent.
- The user has no right to claim access to a certain network. Access to a network is within the sole discretion of the respective Admin. A network may also be discontinued or temporarily inaccessible at any time.
- User content
- The content in different networks and communities on mixxt.net originates solely from the respective users. They are administered by and within the responsibility of the Admin of the respective network. Content containing opinions or evaluations is solely such of the respective user and not of mixxt.
- The user guarantees that he has all necessary ownership and usage rights of all content he uploads to the mixxt platform. mixxt does not claim any ownership rights in this uploaded content. After posting or publishing content, the user continues to retain any ownership rights he has to his content. For the duration of the usage of the mixxt platform, the user grants mixxt a worldwide, nonexclusive, royalty-free and transferable right and license to use, access, store, cache and publicly display the users’ content and network for (a) the sole purpose of operating and making the content and network available and accessable on the mixxt platform and in all current and future media including mobile applications in which the mixxt platform may now or hereafter be distributed or transmitted or (b) for internal marketing and business purposes in order to derive metrics and analytics relating to the content, network data and activity. The user also agrees that content removed by the user may persist in backup copies for a reasonable amount of time, these copies are not available to other users or parties and only exist for security and reliability reasons of the mixxt platform. Any content uploaded by the user that violates these Terms of Service and/or has to be removed due to a take down notice or because the content contains illegal images or files, will be removed by mixxt. In this case mixxt has the right to use and reproduce the uploaded content in any manner without any restriction, including in response to subpoena or other judicial or administrative orders, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of mixxt, any other user or the general public.
- Any complaints about specific content of a network shall be directed first to the respective Creator of a network. The Creator can be contacted via a contact form that is usually linked in the footer of his network or via his profile and in some cases via a feedback button. Furthermore, most content is accompanied by so-called “user notification function”, i.e. an icon, by which complaints about content can be articulated.
- Publication of user content within a certain network is at the sole discretion of the respective Admin. There is no entitlement to publication, even if the respective user is member of the respective network. Furthermore, mixxt at any time reserves the right to delete any content of users in case of a violation of clauses 4.1 and 4.2.
Every user agrees not to:
- Use the name “mixxt” as in any part of content or the name of a network or the network subdomain;
- Upload, post links to or publish any content that constitutes pornography, contains nudity, is adult in nature or aimed at an adult audience. This includes but is not limited to content that depicts or contains extreme violence, murder, rape, bestiality, incest or other similar content. Especially no child pornography may be uploaded, posted or published to any network or linked to from any network. mixxt absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any network data and personal information of the user who uploaded this content, to law enforcement and other institutions in Europe and Germany;
- Repeatedly upload, post or publish the same or similar content or otherwise impose an unreasonable or disproportionately large load on the infrastructure of mixxt;
- Upload, post or publish pirated software, music, videos, films, documents or any other illegal content;
- User mixxt as a generic file hosting service
- Data protection
- Liability of mixxt
- mixxt shall be liable without limitation for intent and gross negligence.
- For ordinary negligence, mixxt shall only be liable in so far as an essential obligation of this agreement is breached. Such essential obligation shall be construed as containing such which this agreement has to confer upon the user by its nature and purpose or which only enables the due performance of this contract and the due performance of which the user may regularly and reasonably rely upon.
- mixxt’s liability for slight negligence is limited to typical and foreseeable damages.
- Liability for indirect damages as well as lost profit is excluded from simple negligence except for situations where liability is not restricted pursuant to above clause 7.2.
- Limitations of liability from above clauses 7.2 to 7.4 do not apply to any strict statutory liability of mixxt or liability from any contractual guarantee as well as harm to body, life or health.
- In such far as mixxt´s liability is excluded or limited this shall also apply to the personal liability of its statutory representatives or agents. The limitations of liability do furthermore apply to all kinds of claims, including tort.
- Termination, refunding fees, changes at mixxt.net and measures with regard to networks
- The user is entitled to terminate the user relationship by navigating to the account settings page and using the account deletion function provided there.
- mixxt shall further be entitled to terminate the user relationship for cause without notice, if the creator or admin or member of the network has provided contributions violating these terms and conditions or has else breached these terms and conditions and has not remedied such breach upon notice within an appropriate period of time, respectively has reiterated such breach. Instead of a termination, mixxt may also choose to suspend or bar the user from one or all networks on the mixxt platform.
- mixxt shall be entitled to take specific measures with regard to certain networks, in such far it considers these necessary and appropriate. This includes:
- the complete deletion of a network and all content therein;
- the suspension of a network; or
so-called “render invisible” of a network, i.e. the network stays active but is no longer publicly listed and available with neutral homepage. It is accessible to users only upon knowledge of the specific URL.
The user cannot base any claim or dispute against mixxt from such measure, including but not limited to disputes regarding charges to the users’ payment account.
- The user agrees and acknowledges that all fees charged to his account are non-refundable if mixxt terminates the relationship due to section 8.2 and 8.3 of these Terms of Service. Any other disputes regarding any other charge to the users’ account for a mixxt Premium Package / Premium Plan of a network that do not relate to a termination of the relationship by mixxt due to a violation to these Terms of Service by the creator, an admin or a member of the network must be submitted in writing to mixxt within sixty (60) days of such a charge, otherwise the dispute will be waived and such a charge is final and not subject to challenge. Refunds (if any) made pursuant to such a charge are at the discretion of mixxt.
Upon Termination of the user relationship, the user’s master data and his profile are deleted in so far as no record keeping obligations exist. Upon termination or limitation of the user relationship the user has no entitlement to claim deletion of content or material originating from him.
The users may bring his respective concern to the Admin’s attention. Depending on the terms applicable to the respective networks and kind of content such concern may be complied with or not.
- mixxt shall be entitled to change the content or structure of mixxt.net at any time. This includes to terminate or make available against payment only certain offers or services. With regard to new services and offers for which the user has to bear costs, such obligation shall only come into existence upon respective confirmation by the user
Additionally each Admin establishes standard terms and conditions for his network which apply in addition to these mixxt standard user terms. In case of contradiction the provisions of the mixxt user terms prevail.
- This agreement shall be governed by German law, provisions of the UN Convention on contracts for the International Sale of Goods (CISG) shall not apply. Exclusive venue of competent jurisdiction shall be Bonn, insofar as the user is “Kaufmann” (merchant) within the meaning of the Handelsgesetzbuch or has no permanent residence in Germany at time of filing of action.
To become member of a network, the user has to register separately for a respective network.
The data protection declaration on mixxt.net is available here (http://www.mixxt.de/small-communities-privacy-policy).
Version of February 2013