Terms of Service
These regulations control the contractual relationship between Rock-n-Swing.com and the user, who creates an account on Rock-n-Swing.com. By registering for free the user accepts the following terms of service. Noncompliance may result in the unheralded retirement of the account.
At the moment of account creation on Rock-n-Swing.com the user has to be at least 12 years old. Children and adolescents below 12 years may ask their parents or coaches to create portraits on their behalf on Rock-n-Swing.com.
The user chooses a password upon registration. The user is obliged to conceal this password at any time. Rock-n-Swing.com will never ask the user for the chosen password.
Every user may register one time only and by registering assures that no account for the same user is already existing on Rock-n-Swing.com.
Obligations of the User
All information provided in one's own profile or in user-generated portraits after registration happen voluntarily. Even beyond the registration process the user is obliged to provide solely truthful and non-deceptive information in their profile, their administered portraits and their communications with other users. The user is obliged to take care of the correctness of all provided information in every part on Rock-n-Swing.com.
Solely the user is responsible for all provided information about him- or herself. The user assures not to infringe laws or third-party rights by his/her behaviour and created contents (Portraits, Pictures, etc.), in particular to preserve the personal rights and the intellectual property rights (copyright) of third-parties.
Changes in personal information
The user is obliged to make changes in their personal information known by promptly updating the information provided on Rock-n-Swing.com.
Respecting applicable law
The user is obliged to respect the law and third-party rights. In particular the user is prohibited to use offensive and defamatory contents, independent of whether these contents concern other users, people or companies, publishing pornographic or other contents that violate the Protection of Young Persons Act, to use contents protected by law, e.g. through copyright or trademark, without permission, to cause inconvenience for other user (in particular through spam, mass-mailings, chain-letters, etc.) and to take or support anti-competitive actions, including progressive customer advertisement (such as chain-, snowball- or pyramidsystems).
Exclusion of commercial intentions
The user confirms that they only have private, non-commercial intentions and that this platform and the entrusted third-party information are not used for commercial advertisements or adverts for political parties and/or candidates.
The user is prohibited to make contents of Rock-n-Swing.com or information of other users publically available, to distribute or to read-out such information on a massive scale. In particular the usage of mechanisms, software or scripts in connection with the usage of Rock-n-Swing.com is forbidden to the user.
Functionality of Rock-n-Swing.com
The user has to refrain from any action by which the functionality of Rock-n-Swing.com is affected. This includes the excessive load of the webserver.
Rock-n-Swing.com is not liable for the correctness and the content of user provided information in their personal profiles, the user-created portraits or for further contents created by the user. This includes in particular, but not exclusively, cases in which user-created content infringes the intellectual property right (trademark, copyright, etc.) or the personal rights of third-parties.
Intellectual Property (IP)-Contents
Unauthorized data usage of third-parties
Rock-n-Swing.com is not liable for the unauthorized acquirement of personal user information by third-parties (e.g. via an unauthorized access of "Hackers" to our database). Rock-n-Swing.com is not liable for information that is misused by third-parties for which the user theirselves granted access to.
The user has no right to demand the permanent availability of the pages on Rock-n-Swing.com and cannot demand an error-free functioning of the platform. A 100% availability of Rock-n-Swing.com can not be warranted. However, Rock-n-Swing.com is trying to keep the platform available constantly. Via technical disturbances or necessary maintenance work and updates of the project a temporary interruption of the availability of Rock-n-Swing.com is possible. Rock-n-Swing.com is not liable for damages resulting from availability outages.
Cessation of Rock-n-Swing.com
Rock-n-Swing.com is allowed to stop the project immediately in parts or fully without giving reasons and with the exclusion of liability of any kind and to delete any stored user information.
Changes to our services
Rock-n-Swing.com reserves the right to change, extend and improve our services as well as to offer differing services.
Via the User
Rock-n-Swing.com can exclude a user at any time without giving reasons and block further usage as well as ban users from a new registration. The contractual relationship ends as a result.
Release from pretences
The user dismisses Rock-n-Swing.com of any pretences, including damage claims that other users or third-parties allege against Rock-n-Swing.com due to infringement of their rights via user-created content. The user assumes all costs arising from the infringement of third party rights, including costs for legal defence. All further rights as well as damage claims by Rock-n-Swing.com remain untouched.
Infringement of third-party rights
Are third-party rights infringed due to user-created contents, the user will obtain the usage right of these content at their own expense by choice of Rock-n-Swing.com or design the contents in a way such that they do not fall in the category of the IP right. If third-party rights are infringed through the usage of the Rock-n-Swing.com services the user will stop the illegal usage immediately after being informed by Rock-n-Swing.com.
Protection of personal information
The eMail address of the user is used by Rock-n-Swing.com to accomplish the offered services. It is used as authentication upon Login, when the account is deleted by the user as well as to inform about changes in the terms of service and activities on Rock-n-Swing.com or termination of an account by Rock-n-Swing.com.
Infringement of third-party rights
Changes to the Terms of Service
Rock-n-Swing.com reserves the right to change these Terms of Service at any time without giving reasons, unless this is unfeasible to the user. Minor changes are not reported. Rock-n-Swing.com will inform the user about major changes in the Terms of Service in time. If the user does not disagree to the updated or new terms within two weeks after being informed the changed Terms of Service are considered as accepted by the user. Rock-n-Swing.com will not inform the user anew about his right of objection and the meaning of the objection deadline.
Should single regulations of these Terms of Service be void or become void, the efficacy of the remaining regulations is not touched. Rock-n-Swing.com and the user are obliged to replace a void regulation by an effective regulation that comes as close as possible to the economically wanted spirit and purpose of the void regulation. The same applies for gaps in the contract.
Place of Jurisdiction
If legally permissible the place of jurisdiction is Bonn, Germany. The Right of the Federal Republic of Germany applies.
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