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Terms and Conditions

Posted on February 1, 2007, modified May 21, 2015

§ 1 Validity

  • Groops GmbH (hereafter known as “Groops”) presents its services (hereafter known as “www.groops.net”) on the basis of the following terms of use.
  • These terms of use cover those terms which apply between Groops and the user for the services offered by Groops.
  • Terms only differ where Groops has confirmed so in writing. By registering with www.groops.net, the user acknowledges the authority of these terms of use.

§ 2 Groops services

  • With www.groops.net, Groops provides its users with a database in which data can be entered for public use, as well as for editing and exchange with other users. In addition, Groops provides several other communications services with other registered platform users (hereafter known collectively as “services”).
  • The services are provided where possible. Groops does not accept any responsibility for any delays, cancellations, miscommunications or failures to save in communications between users or in connection with any individually configured areas.

§ 3 Registration requirement

  • www.groops.net can only be used in its entirety after complete registration has been carried out. A user account is automatically created when registering with www.groops.net.
  • Anyone who completes the registration form with true, accurate and up-to-date entries about themselves (registration data) can become a user of www.groops.net.
  • Should this registration data change at any time, users are required to make appropriate alterations immediately.
  • Users should not disclose their user data to any third parties.
  • If Groops determines that the user data is incorrect, it has the right to block the account or, in severe cases of breach, cancelling it.

§ 5 Account, password and security

  • During the registration process, users should choose their own user name and password. Should any third party find out about their access data, they should inform Groops about it and change the data accordingly. Users accept full responsibility for any transactions that are carried out through their password or account.
  • Users are required to inform Groops immediately about any misuse of their account or password, as well as any breach of security measures.
  • Groops does not take any responsibility for any damage caused as a result of a breach of these regulations.

§ 6 Users’ responsibilities and duties

  • Users use the services provided by Groops at their own risk. Users responsible for official additions take responsibility these provisions. This applies in particular to links added by users within the database. Groops retains the right to delete these without explanation.
  • The responsiblity for all information, data, texts, music, sounds, photos, images, videos, news or other materials (content) whether transferred collectively or privately remains the responsibility of the person who provides this content. This means that the user, not Groops, takes full responsibility for all content which is entered (uploaded), published, sent by email or transmitted via another means.
  • If third parties alert Groops to unlawful content, Groops retains the right to delete this content immediately and without contacting the user.
  • Groops also retains the right to block the account in question. Where Groops accrues costs through third parties when issuing a warning, the user must cover this.
  • Groops takes no responsibility for content, in particular errors, inaccuracies or missing information with regard to content, nor for loss or damage to users arising from content, whether published, sent by email or otherwise transmitted within the scope of the services.

§ 7 Liability and guarantee

  • Groops is fully liable for any malice and gross negligence. For minor negligence Groops is only liable where it is fundamental breach of contractual obligations. The liability for such a fundamental breach of contractual obligations is limited to the usual contractual damages, which Groops must count on arising when registering users according to the current terms of use.
  • Groops accepts no liability for any no-fault disturbances.
  • Groops only accepts liability for any data loss where this could not have been avoided by appropriate safety measures being taken by the user.
  • These liability restrictions also apply to subcontractors working for Groops. Where Groops services provide the possibility of jumping to databases, websites, services, etc, third parties, for example through the creation of links or hyperlinks, Groops accepts no responsibility for access, state or security of these databases or services, including the content itself. In particular, Groops accepts no liability for their legality, accuracy of content, integrity, actuality, etc.
  • Users use the services provided by Groops at their own risk. Groops accepts no liability for the uninterrupted, secure and wholly accurate functioning of its services. Groops accepts no liability for any data loss experienced by users.
  • The restricted liability does not apply to violation of life, body or health following a negligent or deliberate action on the part of Groops. In those circumstances where no exclusions for liability can apply by law, liability remains.

§ 8 Data protection

  • Personal data, which Groops requires for registration, will only be stored and processed in accordance with legal provisions concerning data protection.
  • While Groops use very high specification servers, users accept there is a risk that data can be accessed by third parties during transmission. This applies not only for the exchange of information via emails which leave the system, but also for all other data transfers.
  • Groops has the right to edit and save the data received from the user in accordance with the provisions of current data protection law. In particular, users accept that Groops will store and edit the data they give during registration.
  • Over and above the aforementioned use of data, any further use of personal data requires the explicit agreement of the user. Users are entitled to withdraw their agreement at any time.
  • Groops will also treat as sensitive all user-related data marked as sensitive, and only use it in accordance with these conditions. Groops will only not keep this information secret if user data is required to be revealed by the law or official order.
  • This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address truncated by the last octet prior to its storage using the “_anonymizeIp()” method) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. You can opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en.

§ 9 Copyrights

  • Should third parties consider that their works have been unlawfully used or copied, Groops should be informed immediately. Groops will block third parties accessing this content where claims prove to be justified.
  • Groops acknowledges the duty to immediately check and remove illegal parts of any illegal content as the law divides responsibility for this equally on both the access provider and the third party in question. Groops will only publish the content again once the user has proved that there are no more copyright infringements.
  • By entering their data in the database, users give Groops the right to use and market this information now and in the future, and across whichever media it requires, which grants Groops rights to unlimited publication, processing, reproduction, marketing and circulation.

§ 10 Changes to terms

  • Groops retains the right to change or add to the terms of use in future. Upon publication of these new terms, users will be bound to them. Changes to the terms of use will take effect if the user does not object to the terms changed and the change notice posted on the service start page within one week. The terms will apply across all services in their respective versions.

§ 11 Terminating the use of Groops

  • Groops is entitled at any time to send users an email giving one week’s notice on using the services provided by www.groops.net. In serious cases, Groops is also entitled to announce this without any notice. A serious case is when the user breaks the law or these terms of use.
  • Accounts can be blocked or deactivated if they have not been used by the user for eight weeks.

§ 12 Applicable law and jurisdiction

  • These terms of use and the use of services are in accordance with German law. For any matters which do not come under the umbrella of service use and/or these terms of use, the courts governing the offices of Groops are entirely responsible, in so far as the user issue relates to a merchant or a situation where the user has no permanent domicile in Germany.

§ 13 Final provisions

  • Where provisions in this contract prove ineffective, effective solutions, which both parties, who are both aware of the impasse, come to sensibly, will instead be used to reach an agreement. The validity of the final decisions made is not affected by any ineffectualness of individual provisions.