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Terms & Conditions / AGB

Riseboarding Knowledge Management GmbH provides online services under the RISEBOARD ® brand.

 

Scope of validity

The following General Terms and Conditions for use of RISEBOARD ® services apply to registration as a user on the online portals made available by RISEBOARD ®.

RISEBOARD ® offers online services under various top-level domains, as well as under sub-domains and aliases thereof.

The General Terms and Conditions below govern the contractual relationship between users and RISEBOARD ® and define the conditions for use of the online services. The provisions apply to all websites made available by RISEBOARD ®.

A contractual relationship regarding use of services provided by RISEBOARD ® will be made and entered into with Riseboarding Knowledge Management GmbH, Schumannstr. 5, 10117 Berlin, Germany.

The published information required by law (commercial register, contact data, representatives of Riseboarding Knowledge Management GmbH with editorial responsibility is shown in the respective "Imprint" section. 

The user can at any time, and especially before making and entering into the contract, read, print or store these General Terms and Conditions via the link provided on the Riseboard websites.

 

Online registration

Before using Riseboard online services, the user must first register once by providing his personal data (name, if applicable, address, and e-mail address).

During registration, the user warrants that the data provided and registered is correct. Users are particularly not permitted to enter fantasy names or aliases.

The user must notify RISEBOARD ® immediately of any change in the data provided for registration.

When a user registers for the first time, he selects a password of his choice which he is obliged to keep secret. RISEBOARD ® will only request the password when the user logs on and will not disclose this password under any circumstances whatsoever to third parties.

By completing the registration procedure, the user submits an offer to make and enter into an online service contract for use of the services of the RISEBOARD ® websites which RISEBOARD ® will accept by activating the online services for use by the user.

Multiple registrations or the creation of more than one use profile is not permitted and will result in each case to all the profiles created by the user being blocked.

 

Online services

Registered users have access to different use models on the RISEBOARD ® websites. RISEBOARD ® offers a limited free trial, a standard version, a professional version as well as company licenses. All versions are subject to a fee with the exception of the limited free trial license. The fees charged for the other versions can be found in the available price list currently valid. The fee for the agreed version or license is charged in each case for the entire agreed term and is due and payable immediately.

The memory space contained in the respective licenses is limited. The scope of the memory space contained can be found in the respective, valid license description or the related price lists for the versions which are not free. Additional memory spaced can be purchased. The respective price for the additional memory space can also be found in the currently available price list.

The user can pay the fee using accepted credit cards or using other online payment methods offered.

In the event that a direct debit fails, the user will have to bear all the resultant costs, such as charge back fees and other costs.

RISEBOARD ® is entitled to send invoices for the fee-based versions using electronic means of written communication.

RISEBOARD ® reserves the right to disclose the data provided by the user to third parties only when such disclosure does not violate other legal obligations. At the same time, RISEBOARD ® is entitled to remove without prior notification any unlawful content from the RISEBOARD ® websites. The foregoing also applies to any other forms of use of the contents of the RISEBOARD ® websites that violate the contract or law.

 

Access

RISEBOARD ® endeavours to make the services offered available without interruption. But even when exercising the greatest care possible, permanent, uninterrupted availability of the RISEBOARD ® websites cannot be guaranteed nor is this technically possible. Even when exercising the greatest care, downtimes due to maintenance work, software updates as well as power failures and disruptions in communication networks are possible and can lead to short-term interruptions or temporary non-availability of the online services of the RISEBOARD ® websites. The warranty of availability is therefore restricted to use of all of the online services offered by RISEBOARD ® on condition that the above restrictions are taken into account.

 

Termination of contract and right of termination

The user can terminate use of the free trial version at any time without stating the reasons therefor. Notice of termination can be submitted using the functions available on the RISEBOARD ® websites.

Users of fee-based online services can terminate the agreed version with one month's notice effective as of the end of the agreed minimum period of use and thereafter on expiration of any agreed extension period.

Notice of termination can be made using the functions available on the RISEBOARD ® websites or in a letter sent by post or fax and addressed to the other party hereto.

The right to terminate the contract for cause is not affected by the foregoing.

RISEBOARD ® is entitled to terminate the contract for cause, especially then if continuation of the contractual relationship until expiration of the agreed or statutory termination date cannot be reasonably expected and taking into account the circumstances of the individual case and weighing the mutual interests of the parties hereto. Termination for cause is possible, for instance, in the following cases (but not limited to these):

1.    Failure to observe or violation of contractual obligations by the user (No. 6 of the General Terms and Conditions)

2.    Violation of legal regulations by the user (e.g. violations of copyright law or competition law, failure to observe the regulations for the protection of children and minors)

3.    Dissemination of content and advertising for unconstitutional content

4.    Unreasonable annoyance of other users through spam, etc.

The above list is not exhaustive and serves merely as a guide. 

In the cases listed below, the user is not entitled to claim repayment of fees already paid in advance:

a)    RISEBOARD ® has terminated the contract for cause.

b)    RISEBOARD ® has blocked access for the user for an important reason.

c)    The user has submitted notice of termination to RISEBOARD ® although a claim for repayment of fees already paid in advance is possible if termination was for cause and RISEBOARD ® was responsible therefor.

 

User's obligations

The user is not permitted to use fantasy names or aliases.

Furthermore, the user is obliged to observe all legal requirements and rights of third parties when using the online services.

The user is especially not permitted to use without authorisation content protected by law,  to perform acts in violation of competition law, to perform acts which hinder the functionality of the RISEBOARD ® websites, to hinder other users, nor to offer, sell or use pornographic or other content in violation of the Youth Protection Act, nor to use or disseminate offensive and/or libellous content.

 

Reservation of modification

RISEBOARD ® is entitled to modify the online services offered on the RISEBOARD ® websites and/or to maintain, offer and make available deviating online services as long as this does not constitute an unreasonable modification for the user.

 

RISEBOARD's ® liability

RISEBOARD ® does not assume responsibility for any of the contents provided, made available or disseminated by users of the RISEBOARD ® website. The foregoing also applies to the contents of linked, external websites. The user can report to RISEBOARD ® unlawful or contract-violating use of the online services of the RISEBOARD ® websites using the contact options available on the RISEBOARD ® websites.

RISEBOARD ® provides an online service and does not owe any, in particular, economic success.

RISEBOARD ® does not assume liability for uninterrupted availability of the online services, especially not for disruptions in the quality of access due to force majeure or events for which RISEBOARD ® is not responsible.

In the case of damage due to slight negligence, the obligation to compensate is limited exclusively to a breach of material obligations under the contract with such compensation being restricted to the amount that is typically foreseeable.

With a view to any damage in excess of the foregoing, RISEBOARD ® is liable only in the case of damage caused intentionally or through gross negligence, also on the part of its agents.

The aforestated exclusion of liability does not apply to damage that falls under the Product Liability Act as well as injury to life in as far as such damage was caused intentionally or through gross negligence on the part of RISEBOARD ® or its agents.

 

Indemnification

Pursuant to the applicable statutory provisions, the user will indemnify and hold harmless RISEBOARD ® against any claims, including claims for damages arising hereunder, in cases where other users or third parties raise claims against RISEBOARD ® on the grounds of a violation of their rights due to contents posted by the user on the RISEBOARD ® websites.

Furthermore, the user will indemnify and hold harmless RISEBOARD ® against any claims which other users or third parties raise against RISEBOARD ® on the grounds of a violation of their rights due to the user's use of the online services of the RISEBOARD ® websites.

This indemnification claim covers all damage resulting from a violation of third-party rights, including the related legal defence costs. Any further claims for compensation of any kind whatsoever are not affected by the foregoing and are reserved by RISEBOARD ®.

 

Modification of the General Terms and Conditions

RISEBOARD ® reserves the right to modify these General Terms and Conditions at any time as long as such modification does not affect the main provisions of the contract and such modification becomes necessary for reasons which were not foreseeable at the time the contract was made and entered into. No modification of the General Terms and Conditions is permitted if such modification cannot be reasonably expected of the users.

RISEBOARD ® will notify the user in advance of any modification of the General Terms and Conditions within a reasonable period of time.

In the event that the user objects, the user has the opportunity to object to the modification and such objection must be made within 2 weeks following receipt of notification. If the objection is not received within the aforestated period of time, the modified General Terms and Conditions are then deemed to be accepted by the user.

Each notification of a change in the General Terms and Conditions sent to the user must also contain details of the user's right to object as well as the importance of the deadline for any such objection.

 

Privacy

RISEBOARD ® complies with all statutory data protection regulations. Without authorisation, RISEBOARD ® will not disclose any personal user data to third parties or make such data known to third parties in any other form.

Details regarding the use of user data can be found in the separate privacy provisions that can be found on each RISEBOARD ® website.

 

Revocation policy

a)    Revocation right

The user has the right to revoke the fee-based or free membership within a period of 14 days without stating the reasons therefor.

The period for revocation begins on the day this contract is signed.

The right of revocation can be exercised using the contact options available on each RISEBOARD ® website, or by sending notice of revocation by fax or e-mail to RISEBOARD ® or by post to Riseboarding Knowledge Management GmbH, Schumannstr. 5 in 10117 Berlin.

Revocations are deemed to be received on time when the notice of revocation is sent on time.

The user's right to terminate for cause remains unaffected by the right of revocation.

b)    Extinguishing of the right of revocation

Pursuant to section 312 d, subsection 3, of the German Civil Code [§ 312 d Abs. 3 BGB], the right of revocation will already normally extinguish before the 2-week period for revocation has expired if RISEBOARD ® has already begun to execute the online services of RISEBOARD ® which the user ordered and such execution was expressly approved by the user, or if the user himself has initiated the performance of the online services of RISEBOARD ® for which he has registered, i.e. by using online services of RISEBOARD ® which were made available by RISEBOARD ® within the scope of the version selected. 

c)    Consequences of revocation

In the event of effective revocation of fee-based membership, services received by both parties must be returned as required by law and benefits drawn must be returned. With regard to the repayment of any fees, RISEBOARD ® will use the same means of payment which the user originally used for payment. Any deviations from the foregoing will only be valid if something to the contrary has been expressly agreed to. In no case will fees be charged for repayments.

In the event that the user is unable to return to RISEBOARD ® within the period for revocation any services already received at from RISEBOARD ® at the user’s expressed request, or in the event that the user can only return such services partially or in poor condition, the user will be required to provide suitable compensation. Mutual reimbursements must be made within a period of no more than 14 days following receipt of the notice of revocation.

 

Miscellaneous provisions

The use contract and all modifications are not valid unless made in writing. No ancillary understandings have been made and will not be included unless also made in writing.

In the event that one or more provisions of these General Terms and Conditions is or becomes invalid, such invalidity will not affect the remaining provisions.

In such case, the parties hereto undertake to replace an invalid provision with a valid provision, the content of which reflects to the maximum extent possible the economic intention and purpose of the invalid provision. The foregoing shall apply analogously to any loopholes.

The place of performance is the place of business of RISEBOARD ®. The place of jurisdiction is the place of business of RISEBOARD ® in as far as this is permitted by law.

The contractual relationship between the parties hereto is governed by the laws of the Federal Republic of Germany, barring private international law and the United Nations Convention on Contracts for the International Sale of Goods.