General Terms of Use
Preamble
The following General Terms of Use are effective in relation between the constructiv GmbH, represented by the director Kai Tietjen, Haferwende 1, 28357 Bremen, as provider of the Internet service named „Beam it up Scotty“ (in the following: Beam it up Scotty) and the registered users (in the following: users) and are insofar effective for all services rendered under the URL www.beam-it-up-scotty.com as well as the corresponding sub webpages und additional webpages,
§ 1 Description of the service Beam it up Scotty
1.1. Beam it up Scotty provides a platform for users of mobile phones to send data to an appropriate mobile phone. The file to be sent will saved by the user on the server of Beam it up Scotty and will be stored there for a certain time in the original or a compacted form. The storage space of the file (namely the URL) will be sent to the user as SMS message.
1.2. Beam it up Scotty reserves the right to change his service provision at any time.
§ 2 Registration
2.1. For the usage of service of Beam it up Scotty a registration as user is necessary. At the same time of creation of an user account correct and complete data has to be entered. It is necessary for the registration that the user provides an e-mail address registered on his own name and a respective mobile phone number.
2.2 A contract regarding the usage of the service provision of Beam it up Scotty becomes effective by sending of the registration under prior acceptance of the present General Terms of use.
2.3. The user can cancel his registration at Beam it up Scotty at any time without indication of reasons in text form (e. g. letter, telefax, e-mail). The cancellation has to be addressed to:
construktiv GmbH
Geschäftsführer: Kai Tietjen
Haferwende 1
28357 Bremen
Germany
Fax: +49 (0)421 / 20 70 978
E-Mail: info@construktiv.de
2.4. Beam it up Scotty reserves the right to block the account of the user permanently or to erase the account respectively, if it can be ascertained that the account is used to:
- send or upload racist, sexist, abusive, aspersive contents, contents for sedition purposes an/ or for religiosly offending purposes or such for threatening purposes,
- upload such contents that are in any form criminally relevant or such contents that offends against the law ort hat offend against licensing law, trademark law or rights of use of third parties,
- upload such contents that has to qualified as so called Spam (s. § 8 Anti- Spam rules),
- unlegally using of the name of a natural individual or a legal person,
- abuse the service provision of Beam it up Scotty for Spam, advertising or mass-messages.
§ 3 Rights and Dutys of users
3.1. Registered users are entitled to use all service provisons provided by Beam it up Scotty under the terms of use. The service provision of beam it up Scotty is limited to a certain number of upload- and dispatch operations per day,
3.2. While using the service provision of Beam it up Scotty the general law has to be considered. In particular it is prohibited to the users to use the service provision of Beam it up Scotty in a way described unter 2.4.. Furthermore it is prohibited to the users to use the service provision of Beam it up Scotty to:
- to publish material that defames is unlawful or in any other way offensive
- to threaten, annoy third parties or to infringe third parties rights in particular the personal right, copyrights, and other intellectual property rights.
- to upload infected or in other way defective data on the websites/ the webserver of Beam it up Scotty
- make false or mistakable details, in particular to register with a false identity.
3.3. The user keeps all property rights in relation to uploaded files. Nevertheless it is necessary that the user grants limited rights of use to Beam it up Scotty and the recipient of the uploaded material.
3.4. The user notices and agrees that is alone liable for the uploaded material and possible thereof resulting consequences. The user commits himself to send download links only to persons known to the user or has explicit agreed with the reception of download links before. Beam it up Scotty does not assume or affirm the uploaded material or possibly therein contained opinions, references or advices and excludes any liablility in connection with uploaded data material.
3.5. The user assures and guarantees that he disposes of all necessary licences, rights, consents and permissions for uploading of files.
3.6. Beside possible civil and/ or criminal consequences the non-observance of the above stated rules entitles Beam it up Scotty to cancel the account of the relevant user and to count out this user permanently from use for future. The specific kind of penalty is in discretion of Beam it up Scotty.
§ 4 Rights and Dutys of Beam it up Scotty
4.1. Beam it up Scotty is not liable in order to the possibility that the provison can be used at any time and error free. This applies in particular in case the access to the provision of beam it up Scotty is affected due to interferences out of the sphere of influence of Beam it up Scotty. Furthermore Beam it up Scotty is entitled to discontinue or to confine the accessibility of his websites and the services offered whether entirely or partial for the purpose of maintenance work and refurbishment at any time and without prior announcement.
4.2. Beam it up Scotty is entitled to release data deposited by the user to authorized third parties (e. g. law inforcement agencys) in case of criminally relevant actions of the user (in particular such with pornographic or xenophobic content) as well as other infringements of subjects to private law in particular aginst trademark law, competition law, and copyright.
§ 5 Warranty and liability
5.1. Beam it up Scotty does not assume any guarantee that the websites provided by him are accessible and error free at any time or appropriable to a certain purpose. This is effective in particular as far as the access to the provision of Beam it up Scotty is affected or reversed because of interferences whose reasons are outside of the sphere of influence of Beam it up Scotty.
5.2. Beam it up Scotty does not assume any guarantee in order to contents of users and is in particular not liable to examine such contents in reference to possible infringements of law.
5.3. Insofar third parties claim Beam it up Scotty because of illegitimate contents of users the responsible user is obliged to discharge Beam it up Scotty from any liability and to compensate any within a prosecution arising costs to Beam it up Scotty.
5.4. Beam it up Scotty is liable for
- for damages because of the injury of the body or life or health, based on intended or negligent breach of duty of Beam it up Scotty, a legal representative of Beam it up Scotty or of a servant of Beam it up Scotty;
- for damages enfolded by the liability under Produkthaftungsgesetz
- for other damages based on intended or negligent breach of duty of Beam it up Scotty, a legal representative of Beam it up Scotty or of a servant of Beam it up Scotty;
- for damages caused by simple negligence by Beam it up Scotty as far as this negligence concerns the breach of essential contractual obligations (cardinal obligations). Cardinal obligations are those obligations which the contract has to grant to the signatory in order to his whole purpose or whose compliance the adequate and orderly accomplishment of the contract is enabling in the first place and on whose compliance the signatory can trust regularly. In these cases the liability of Beam it up Scotty is limited to damages which are typically adherent to the contract and which are predictable.
5.5. The regulation under numeral 5.4. contains all contractual and legal claims resulting from these Terms of Use or the use of services of Beam it up Scotty. Beyond this the liability of Websnapr is explicit excluded. This is effective in particular to loss of data not caused by intended behavior of Beam it up Scotty and its employees.
§ 6 Data Protection
Beam it up Scotty respects the privacy of its users. Beam it up Scotty handles the personal data of users confidential and provides such data to third parties only insofar as it is lagally allowed under the effective law or insofar the user itself has agreed with the dissemination. Details referring data protection at Beam it up Scotty arising from the data protection rules.
§ 7 Contract Period and cancellation
7.1. The relation of usage will be agreed for an indefinite time.
7.2. Both parties can cancel this contract at any time without indication of reasons.
7.3. Furthermore Beam it up Scotty has the right to cancel the membership for important reasons. An important reason exists in particular in case the user has offended against the General Terms of Use or effective law.
§ 8 Anti-Spam rule
According to 2.4. of this contract Beam it up Scotty reserves the right to block or erase the access permanently in case the account will be abused for Spam purposes.
Spam is defined at Beam it up Scotty as follows:
- creation of several accounts with divers e-mail adresses
- usage of advertising material in the uploaded files or dispatch of the aforementioned material
- uploading of pornographic, rights extremistic, violence glorifying, immoral and / or inadequate contents
- upload of files with defective contents
- dispatch of download links to recipients unknown to the user or recipients probably uninterested to the download link sent by the user.
§ 9 Copyright and Trademark law
9.1. Beam it up Scotty is aimed to consider the copyrights in reference to the used pictures, graphics, tone documents, video sequences and texts, to use pictures, graphics, tone documents, video sequences and texts selfcreated by Beam it up Scotty or to revert to public domain pictures, graphics, tone documents, video sequences and texts. All trademarks and brands displayed inside the Internet provision are without restrictions under the regulations of the relevant effective trademark law and the titles of the relevant registered owners. Only as a result of the simple nomination there can not be drawn the conclusion that trademarks are not protected by third parties rights.
9.2. The copyright in order to published objects selfcreated by Beam it up Scotty remains exlusively at Beam it up Scotty. A duplication or use of those graphics, tone documents, video sequences and taxts in other electronic or printed publications is prohibited without explicit consent of Beam it up Scotty.
§ 10 Miscellaneous terms
10.1. The law of Federal Republic of Germany to the exclusion of United Nations Convention on Contracts for the International Sale of Goods (CISG) is agreed as effective in conjunction with differences in order to the service provision of Beam it up Scotty.
10.2 For merchants, public legal entities and spezial property under public law Bremen, is agreed as jurisdiction.
10.3. In case several terms of this General Terms of Use shall be or will become ineffective whether in whole or in particular the effectiveness of the other terms hereof is unaffected. Instead of an ineffective term an effective regulation that accords to the regulation which contracting parties would have agreed by consideration of the subject of the General Terms of Use in case they would have known the ineffectiveness of the regulation by conclusion of the General Terms of Use. This applies accordingly in case of a loophole of the General Terms of Use.
Last update: December 2007
