AGB
Welcome to klar.land
Please read the following Terms of Use applicable to each visitor to the https://klar.land website (hereinafter referred to as the ‘Website’). By using this website you consequently declare your agreement with these terms of use. The owner of the website reserves the right to change, delete or supplement the information on this website at any time without prior notice.
§1 Contract
The agree to enter into a legally binding contract with klar.land, including when using our services on behalf of a business, when you register with klar.land, access or use our services by clicking ‘Register’ or similar. If you do not agree to this Agreement or Terms of Use, do not click ‘Register’ (or similar) and do not access any of our Services in any way. If you wish to terminate this Agreement, you may do so at any time by closing your account and by no longer accessing or using our Services.
This Agreement applies only to the offer of klar.land and information and services that indicate that they are offered under this Agreement.
You conclude this contract with klar.land UG(haftungsbeschränkt). klar.land UG(haftungsbeschränkt) becomes the controller of your personal data provided to, collected for or by our service or processed in connection with you.
As a visitor or user of the Website, the collection, use and disclosure of your personal information is subject to this Privacy Policy https://klar.land/#/data_privacy/.
When you register, you become a member of klar.land.
We reserve the right to change this Agreement and our Privacy Policy. If we make any significant changes we will inform you. This gives you the opportunity to review changes before they go into effect. We agree that changes cannot be made retroactively. If you do not agree with any changes, you can close your account. Your continued use of our Services after we post our changes to these Terms or notify you of such changes will mean that you agree to be bound by the updated Terms as of their effective date.
§2 Duties
klar.land is not intended for use by minors under the age of 16. They assure us by entering into this contract that you have reached the ‘minimum age’. If you want to use the services, you must confirm the following:
1. you have reached the ‘minimum age’ required for use.
2. you only maintain one account on klar.land which you have created with your real name.
Creating an account using false information is a violation of our terms and conditions, this includes accounts opened in the name of others or for persons under the age of 16.
The ‘minimum age’ is the age of 16. However, if the law requires you to be older in order for klar.land to lawfully provide you with access to the Services without parental consent, ‘minimum age’ meant the corresponding higher age.
You agree to the following:
1. you choose a secure password and keep it secret and confidential.
2. you do not transfer any part of your account to others.
3. they comply with the laws and with the clear.land rules of conduct. You are responsible for all actions taken through your account unless you have closed the account or reported abuse.
With respect to the relationship between you and other parties, your account is yours.
You agree that we may send you communications and messages through various means:
1. Within the service
2. to the contact details provided by you.
You agree to keep your contact information current.
§3 Rights & Restrictions
We reserve the right to modify, suspend or terminate any part of our Services. We also reserve the right to change our applicable prices in the future, subject to reasonable notice, to the extent permitted by law.
By using the Services, you may be exposed to content or information that may be inaccurate, incomplete, late, misleading, unlawful, offensive or otherwise harmful. As a matter of principle, we do not check the content provided by our members or third parties. You agree that we are not responsible for any third party content or information (including it of other members). We cannot always prevent this misuse of our services. You agree that we are not responsible for any such misuse. You also understand that if we inform your contacts and followers that you or your company has been mentioned in the news, you or your company may inadvertently be linked to content about third parties.
You agree,
1. that klar.land is not responsible for the conduct of the members or other participants of the platform,
2. that klar.land does not in any way recommend any particular event listed on our service,
3. that klar.land does not evaluate or review such events,
4. that you will comply with the conditions applicable to such events.
clear.land reserves the right to limit your use of the Services, including the number of contacts and the ability to contact other Members. clear.land reserves the right to restrict, suspend or terminate your account if you violate this Agreement or any law or misuse the Services.
klar.land reserves all intellectual property rights to the Services.
§4 Disclaimer and limitation of liability
klar.land makes no warranty or representation regarding the Services and does not guarantee that the Services will be uninterrupted or error-free. The Services, including content and information, are provided on an “as is” and “as available” basis. To the fullest extent permissible by law, klar.land disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, data accuracy, non-infringement, merchantability and fitness for a particular purpose.
To the extent permitted by law, and unless klar.land has entered into a separate written agreement that supersedes this Agreement, klar.land disclaims any liability for lost profits or business opportunities, damage to reputation, e.g. offensive abusive language, loss of data, or any indirect, incidental, consequential or punitive damages in connection with this Agreement.
klar.land shall not be liable to you in connection with this Agreement for any amounts in excess of the total amount of fees paid or payable by you to klar.land during the term of this Agreement, if any, or 1,000 EURO.
The limitation of liability in this paragraph is part of the basis of the Agreement and applies to all liability claims and even if klar.land has been advised of the possibility of such damages and if these remedies do not serve their intended purpose.
These limitations of liability do not apply in cases of death or personal injury, fraud, gross negligence or wilful misconduct, breach of a cardinal duty, the latter being a duty which is a condition of our providing the services and which you may rely on us to perform, but only to the extent that the damage results directly from the breach and was foreseeable at the time of entering into this agreement and to the extent that it is typical damage in connection with this agreement.
§5 Termination
Both you and klar.land may terminate this Agreement at any time by notifying the other party. Upon termination, you will lose the right to access or use the Services. Upon termination, the following shall continue to apply:
– we are entitled to use and disclose your feedback.
– Members and/or Visitors are authorized to further share content and information that you have shared through the Services.
– Any amounts owed by either party to the other prior to termination shall continue to be owed after termination.
– Sections 4, 6, 8.
§6 Applicable law and dispute resolution
You and klar.land acknowledge that the laws of Germany, excluding conflict of laws provisions, will govern any dispute involving this Agreement and/or Services. You and klar.land agree that claims and disputes may only be pursued in litigation in Germany and both parties consent to the personal jurisdiction of the courts of Germany, Cologne.
§7 General conditions
If a court of competent jurisdiction over this Agreement finds that any part of the Agreement is unenforceable, we and you agree to the court to modify the terms so that such part is enforceable, leaving its intent unchanged. If the Court is unable to do so, both parties agree to request the Court to remove the unenforceable portion and continue to enforce the remainder of this Agreement.
This Agreement is the only agreement between and relating to the Services and supersedes all prior agreements relating to the Services.
Our failure to take action to address a breach of this Agreement does not mean that klar.land has waived its right to enforce this Agreement. You may not assign this Agreement to any person without our permission. However, you acknowledge that klar.land may assign this Agreement to a party purchasing the Underlying without your authorization. There are no third-party beneficiaries in this contract.
You acknowledge that you will send legal notices to, and only to, the address set forth in Section 10.
§8 Prices
When ordering a subscription model, the prices stated at the time of the order apply. The order will be confirmed by us within 24h. You will receive the invoice with the confirmation, which is due for payment immediately. With the order you enter into a legally binding contract, which results in mutual rights and obligations. You are obligated to pay the invoice accordingly, and we are entitled to payments as agreed in monthly rhythms or, in the case of one-time service offers, one-time payments.
Additional services will be billed separately, either at displayed prices or based on an individual quote.
§9 Term and termination
The duration of our subscription models is at least 12 months, unless otherwise stated.
The term is extended by a further 12 months in each case, unless the contract is terminated in writing within 3 months in advance. The notice of termination must be submitted in writing, at least by email.
§10 Rules of conduct
What you may do.
1. comply with all applicable laws, including without limitation, data protection laws, intellectual property laws, anti-spam laws, export regulations, tax laws and regulatory requirements.
2. you provide us with correct information and ensure that it is always up to date.
3. you use your real name in your profile
4. you use the services in a professional manner.
What you must not do
1. create a false identity on klar.land, misrepresent your identity, create a member profile for someone other than yourself, or use or attempt to use someone else’s account.
2. develop, support or use any software, device, script, robot or other means or process to scrape or otherwise copy profiles and other data from Services.
3. override security features or bypass or circumvent other access controls or usage restrictions.
4. copy, use, disclose or distribute any information obtained directly or through third parties through the Services without the permission of klar.land.
5. disclose information unless you have permission to do so.
6. infringe intellectual property rights of others, including copyrights, patents, trademarks, trade secrets and other proprietary rights.
7. violate the intellectual property or other rights of klar.land.
8. publish something that contains software viruses, worms or other malicious code.
9. reverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code of the Services or any related technology that is not open source.
10. create the impression that you are affiliated with or endorsed by klar.land without our express permission.
11. rent, lease, lend, trade in, sell/resell or otherwise monetize the Services or related data, or gain access to the Services or related data without klar.land’s consent.
12. deep-link to our Services without klar.land’s consent for purposes other than publicizing your profile or promoting our Services.
13. use bots or other automated methods to access the Services, add or download contacts, and send or redirect messages.
14. monitor the availability, performance and functionality of the Services for competitive purposes.
15. ‘Frame’, ‘Mirror’ or otherwise simulate the appearance or operation of the Services.
16. obscure or otherwise modify the Services or their appearance.
17. obstruct the operation of the Services or impose an unreasonable burden on them.
§11 Complaint
We are considerate of the intellectual property rights of others. Accordingly, this Agreement requires that information published by Members be accurate and not infringe the intellectual property or other rights of third parties. Should a complaint nevertheless become necessary, please address it to: klar.land UG(haftungsbeschränkt), Am Birkenbusch 42, 51469 Bergisch Gladbach, Germany, [email protected].
§12 Contacting
For general inquiries you can contact us online: mail.klar.land or through the staff in the section ‘klar.land’ which are available there online.